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Home My WebLink About2020 05.19 City Council Regular Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` s Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, May 19,2020 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. 20-233 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-210 Consideration of approval of minutes of the regular meeting of April 21, 2020. Sponsors: Jennifer Pena Attachments: 04.21.20 Minutes 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. 3. 20-221 Presentation of proclamation recognizing May 2020 as Motorcycle Safety and Awareness Month. Attachments: Proclamation 4. 20-151 Presentation of proclamation recognizing May 2020 as Building Safety Month. Sponsors: Dave Zellner and Larry Kirch Attachments: Proclamation- Building Safety Month City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda May 19,2020 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. 5. 20-235 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. 20-236 City Manager's Report. Sponsors: Bryant Powell 7. 20-217 Presentation and discussion on human service efforts being offered through the City of Apache Junction. Sponsors: Larry Kirch and Gail Evans Attachments: Memo to Council Revenue and Community Development Division 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. City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda May 19,2020 8. 20-215 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1490, case PZ-3-20, a request by the Richard Lauver and Ariel Lauver Trust, represented by Dane Astle of Edifice Architecture, of a proposed rezoning of approximately 4.5 acres located near the northeast corner of Superstition Boulevard and Main Drive from RS-GR (General Rural Low Density Single-Family Detached Residential)to RM-1/PD (High Density Multiple-Family Residential) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a 52-unit leased residential community. Sponsors: Sidney Urias Attachments: Memo to Council Memo to P&Z 1. Ord. No. 1490 2. PZ-3-20 Application 3.Aerial Map 4. Project Narrative 5. Prelim Landscape Plan 6. Proposed Elevations 7. Proposed Floor Plans 8. Proposed Wall and Monument Plan 9. 20-220 Presentation, discussion, public hearing and consideration of a request for a continuance of case PZ-1-20, Old West Highway Village located on the south side of Old West Highway, east of Royal Palm Road and west of Weeks Wash, site of a former golf driving range. Sponsors: Sidney Urias Attachments: Memo to Council 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 May 19,2020 10. 20-193 Presentation, discussion and consideration of settlement, release and temporary construction easement agreement between City of Apache Junction and Sunrise Shadows Homeowner's Association related to storm water drainage maintenance. Sponsors: Joel Stern and Emile Schmid Attachments: Memo to Council Sunrise Shadows 05052020 11. 20-216 Presentation, discussion and possible consideration of approval of an Intergovernmental Agreement with Arizona Department of Transportation (ADOT)for the design and construction of sidewalk improvements on Old West Highway from Idaho Road to Goldfield Road and on Winchester Road from 6th Avenue to Old West Highway. The total cost of this project is$1,967,401.00 with federal funds to pay for$1,826,970.00 and city funds to pay for$140,431.00. Sponsors: Raquel Schatz Attachments: Memo to Council Resolution 20-18 Intergovernmental Agreement Presentation 12. 20-218 Presentation, discussion, and consideration of approval on proposed changes to the agreement template for awarded Health and Human Services funding. Sponsors: Larry Kirch Attachments: Memo to Council HHSC proposed agreement changes CLEAN HHSC proposed agreement changes REDLINED 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 13. 20-208 Selection of dates, times and location for budget review/work session, public hearing and adoption of tentative and final budget for Fiscal Year 2020-2021. Sponsors: Matt Busby Attachments: Budget Calendar City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda May 19,2020 14. 20-237 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, June 1, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, June 2, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and 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.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker,-2)ask the city manager to review a matter,- 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 20-233 Sponsor: Jennifer Pena Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 20-210 Sponsor: Jennifer Pena Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of April 21, 2020. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona Meeting location: 01 City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd '+Q120N* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday,April 21,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Mayor Serdy led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Due to the COVID-19 pandemic, councilmembers were encouraged to call in to the meeting. Mayor Serdy attended in person in order to better run the meeting. Concilmember Schroeder attended in person. Vice Mayor Wilson called into the meeting. Councilmember Rizzi called into the meeting. Councilmember Struble called into the meeting. Councilmember Barker called into the meeting. Councilmember Evans called into the meeting. Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Chief of Police Kent Fowler, Police Officer Larry Kirch, Development Services Director Heather Patel, Program and Resource Manager Rudy Esquivias, Planning Manager Staff in Attendance via Conference Line: Shane Kiesow, Public Works Manager City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes April 21,2020 Jill Bright, Deputy City Clerk D. CONSENT AGENDA Councilmember Barker moved,seconded by Vice Mayor Wilson to approve the consent agenda, to approve the regular minutes of April 7,2020, Resolution No.20-16,to approve Resolution No. 20-17 and to approve Resolution No.20-19. 1. 20-196 Consideration of acceptance of agenda. 2. 20-197 Consideration of approval of minutes of the regular meeting of April 7, 2020. 3. 20-194 Consideration of approval of Resolution No. 20-16; authorizing the City to enter into an intergovernmental agreement for Roadway Safety Program with Maricopa Association of Governments. The authorization allows for grant monies to be used by the City on a channelizing right turn safety improvement for Junction Street at Tomahawk Road. 4. 20-195 Consideration of approval of Resolution No. 20-17; authorizing the City to enter into an intergovernmental agreement for Roadway Safety Program with Maricopa Association of Governments. The authorization allows for grant monies to be used by the City on safety improvements to eighteen (18)traffic signal facilities. 5. 20-207 Consideration of approval of Resolution No. 20-19; appointing the Finance Director, Donna Meinerts, as City's applicant agent for requesting State and Federal disaster recovery assistance for City's emergency response to the COVID-19 Pandemic. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. ANNOUNCEMENT OF CURRENT EVENTS 6. 20-198 Announcement of current events from mayor and councilmembers. Councilmember Struble would like to remind residents to complete the Census 2020 as this is very important to our community. Showers and food were available on Easter Sunday at the Salvation Army for the homeless. It was done safely and a good way for the community to come together for those in need. It will be held again this Sunday at the Salvation Army at 10:00am. Councilmember Evans does not have anything. Vice Mayor Wilson does not have anything. Councilmember Barker does not have anything but thanks all of those who are out there serving still. Councilmember Schroeder does not have anything. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes April 21,2020 Councilmember Rizzi does not have anything. Mayor Serdy stated that the National Forests will now be under fire restrictions. Phoenix Mesa Gateway Airport received a 20 million dollar grant that they will just sit on and use to pay employees for now. He also wanted to remind residents to use local restaurants for carry out and delivery. G. CITY MANAGER'S REPORT 7. 20-199 City Manager's Report. City Manager Bryant Powell shared that development is still occurring in the city during this time. Superstition Vistas subdivision continues to move forward. Lennar is still moving forward. Filiberto's recently began demolition. Dutch Bros is almost completed and we are very excited to have a new Vietnamese restaurant in the community. Dino's Deli is also moving within the city. Permits are continuing to get pulled which is a good thing. Mr. Powell thanked residents who volunteered their time to deliver RAD bins for their fellow residents who were unable to deliver their own bins in order to avoid the $50 fee RAD was assessing. H. PUBLIC HEARINGS 8. 20-182 Consideration of application for an owner transfer, individual, series 6 liquor license application for Superstition Skies Bar and Restaurant located at 945 E. Scenic Street. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Rizzi moved,seconded by Vice Mayor Wilson that the application for an owner transfer, individual,series 6 liquor license for Superstition Skies Restaurant, located at 945 E. Scenic Street be recommended for approval conditional upon the diagram currently showing the east side patio is removed with a new diagram showing there is no east side patio. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena explained that city staff recommends approval upon conditions that a block wall with rod wiring railing be completed that was supposed to be done in 2007 due to noise complaints from neighbors. The applicant is present to answer questions. Councilmember Evans asked that Rudy Esquives present a timeline of events. Mr Esquivias stated that staff has continually received noise complaints from neighbors and has noticed that the block wall was never put up as agreed to in 2007. Councilmember Evans stated that this property has been sold many times since 2007. The original owner has sold and bought it many times and she has never put up the wall as promised. Councilmember Evans stated that the liquor license application has been filled out incorrectly and this application needs to be continued in order for the applicant to build the wall and come into compliance and fix the application. She stated that if council approves this with conditions that the liquor board will just approve it and not enforce the conditions. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes April 21,2020 Mayor Serdy stated that the applicant probably needs approval of this license in order to get up and running to earn money and build the wall. Councilmember Barker stated that the person now applying for the liquor license is the original owner from 2013 and should have to make good on her promise from 2007 of building the wall. Councilmember Rizzi stated that she can't see holding up the liquor license just for a wall. We should let the planning and development department do their job and hold them to their conditions. Councilmember Barker stated that everyone on this council advocates for businesses but she would also like to advocate for the neighbors of this restaurant. She would also like to continue this and give the applicant a chance to build the wall. Councilmember Schroeder agrees with both sides. He is concerned that the application contains false information. Development Services Director Larry Kirch would like to clarify that the building department has no power to require the wall that is in question. There is no permit that Development Services can issue to make sure this wall is built. The best chance to get the wall built is to continue this application until the wall is built. Councilmember Struble asked for clarification on the specs of the wall. Mr. Esquivias stated it is a 6 foot wall consisting of 3 feet of block and 3 feet of wrought iron and would enclose the outside patio. The applicant stated that the she does not want anyone on the east side patio as she just spent $30,000 on a new septic tank. It has only been used once or twice. She sold the business because her son had brain cancer. He died one year ago and the recent owner asked if she would like to buy it back and she agreed. She did not think that she filled out the application wrong. Councilmember Rizzi asked the applicant if the smoking patio would have food, drinks and music out there. The applicant stated that this is a bar and it is never really quiet and people do have drinks and food out there. She stated that the music is played inside and people mostly just go out there to smoke. She would like to remind the council that this bar has been there for 50 years. Councilmember Evans asked if she does not really want the east patio then would she be willing to take it off the diagram. The applicant said yes she would be willing to take it off. The applicant says that she can ensure council that she will not use the east patio and she will submit a revised drawing to the liquor board. The applicant states that escrow has closed but she is not required to pay the mortgage until January 1, 2020. Councilmember Struble asked if the liquor board is even meeting during this pandemic. City Clerk Jennifer Pena stated that the liquor board meets only as needed. City Attorney Joel Stern stated that if it is approved then it is all administrative work but if it is denied then the liquor board meets to discuss. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes April 21,2020 9. 20-187 Consideration of application for a series 010 beer and wine store liquor license application for Pyramid Smoke Shop and Mini Market located at 2130 W. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Barker moved,seconded by Councilmember Evans that the application for a new series 10, beer and wine store,for Pyramid Smoke Shop and Mini Market, located at 2130 W. Apache Trail be recommended for approval. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena stated that the Police Department, Fire District, Building and Planning and Zoning Departments have all recommended approval for this liquor license. 10. 20-180 Presentation, discussion, public hearing and consideration of proposed projects to be submitted under Resolution No. 20-08, authorizing the submission of the city's Fiscal Year 2020 ("FY20") Community Development Block Grant Regional Account("CDBG")and Fiscal Year 2020 State Special Project("SSP")applications. Councilmember Barker moved,seconded by Councilmember Evans that the proposed project of the Grand View neighborhood rehab,submitted under Resolution No.20-08,authorizing the submission of the City's Fiscal Year 2020 Community Development Block Grant Regional Account and Fiscal Year 2020 State Special Project Applications be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Program and Resource Manager Heather Patel stated that tonight is the last step in this grant process. She stated that a public hearing was done in February and that this application is due in August and a letter of intent is due at the end of this month. Ms. Patel presented guidelines and background on this grant and application. I. OLD BUSINESS J. NEW BUSINESS 11. 20-181 Presentation, discussion and consideration of proposed Resolution No. 20-07 authorizing the submission of application(s)to the Governor's Office of Highway Safety Federal Fiscal Year 2021 grant program. Vice Mayor Wilson moved,seconded by Councilmember Evans that Resolution No.20-07 authorizing the submission of applications to the Governor's Office of Highway Safety Federal Fiscal Year 2021 Grant Program be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes April 21,2020 No: 0 Program and Resource Manager Heather Patel stated that this Resolution allows the city to submit four grant applications and is always done retro active. K. COUNCIL DIRECTION TO STAFF 12. 20-188 Council direction to staff on proceeding with an application for the nomination of the City of Apache Junction as an International Dark Sky Community. Vice Mayor Wilson moved,seconded by Councilmember Barker that council direct staff to investigate and come back to council with the needed changes and cost that would be associated with becoming an International Dark Sky Community. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Development Services Planner Kelsey Schattnik presented the guidelines and process on submitting an application for nomination for the city to become an International Dark Sky Community. Currently, there are 5 cities with this designation and they can be used as examples when we are applying. A staff member would need to be appointed to head this project. The process can take 1 - 3 years. Councilmember Rizzi asked how this would change from what we currently already do. Ms. Schattnik replied that our outdoor lighting regulations would need to be tightened up. City Manager Bryant Powell stated that this is a council led project and staff would need direction to staff from council in order to continue to pursue this project and learn more about what exactly would need to be done. Mayor Serdy stated that he received a letter from a Gold Canyon committee supporting this application. Councilmember Schroeder asked if we are in the ballpark of the criteria. Ms. Schattnik stated that the city is in a good place but some areas do need to be tightened. Vice Mayor Wilson asked if private homeowners would have to change their lighting and what the costs would be. Councilmember Rizzi asked if it would entail code enforcement on private property. Mayor Serdy asked if grandfathering would apply. Ms. Schattnik stated that lights only need to be replaced to meet current criteria once the current lights are replaced. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 20-200 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, May 4, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, May 5, 2020 in the city council conference room and city council City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes April 21,2020 chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Evans that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday, May 4,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, May 5,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard,Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC None. N. ADJOURNMENT Mayor Serdy adjourned the meeting at 8:40 pm ACCEPTED THIS DAY OF 12020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 7 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 3. Piz File ID: 20-221 Sponsor: Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing May 2020 as Motorcycle Safety and Awareness Month. City of Apache Junction,Arizona Page 1 Printed on 611512026 r Vroct M tion MOTORCYCLE SAFETY AND AWARENESS MONTH MAY 2020 WHEREAS, motorcycle riding is a popular form of recreation and transportation for thousands of people in Arizona and our nation; and WHEREAS, the safe operation of a motorcycle requires the use of special skills developed through a combination of training and experience, the use of good judgement. And through knowledge of traffic laws and licensing requirements; and WHEREAS, motorcycles provide a means of transportation that uses fewer resources, causes less wear and tear on public roadways, and increases available parking areas; and WHEREAS, the safety hazards created by the automobile operators who have not been educated to watch for motorcyclists on the streets and highways of Arizona are of prime concern to motorcyclists; and WHEREAS, The American Brotherhood Aimed Toward Education(A.B.A.T.E.) of Arizona, Southern Arizona Chapter, is an organization that actively promotes safe operation, increased rider training, and increased motorist awareness of motorcycles; and WHEREAS, all motorcycle riders are encouraged to continue to hone their skills no matter how long they have been riding; and WHEREAS, it is important to recognize the need for awareness on the part of all drivers, especially with regard to sharing the road with motorcyclists, and to honor the many contributions motorcyclists make to the communities where they live and ride; NOW, THEREFORE, I, Jeff Serdy,Mayor of the City of Apache Junction, Arizona, do hereby proclaim the month of May as MOTORCYCLE SAFETY AND AWARENESS MONTH in the City of Apache Junction,Arizona and encourage all Arizonans to look twice for motorcycles. Signed and attested to this day of 12020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+PizoN►' File ID: 20-151 Sponsor: Dave Zellner and Larry Kirch Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing May 2020 as Building Safety Month. City of Apache Junction,Arizona Page 1 Printed on 611512026 J) rortamatt" On BUILDING SAFETY MONTH MAY 2020 WHEREAS, our City is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster; and WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry—who work year- round to ensure the safe construction of buildings; and WHEREAS, Building Safety Month is sponsored by the ICC to remind the public about the critical role of local code officials and —who assure us a safe, resilient, built environment of livable and economical buildings which are essential to Apache Junction's prosperity; and WHEREAS, "Safer Buildings, Safer Communities, Safer World," the theme for Building Safety Month 2020, encourages all of us to recognize the value of safe and resilient construction, that mitigates damage and loss due to fires, flooding and other disasters and that the implementation of safety codes by local and state agencies has saved lives and protected homes and businesses; and WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Jeff Serdy, Mayor of the City of Apache Junction, Arizona, do hereby proclaim May as BUILDING SAFETY MONTH in Apache Junction. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. Signed and attested this day of , 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. '+PizoN►' File ID: 20-235 Sponsor: Jeff Serdy Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 20-236 Sponsor: Bryant Powell Agenda Date: 5/19/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. 'Piz File ID: 20-217 Sponsor: Larry Kirch and Gail Evans Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation and discussion on human service efforts being offered through the City of Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓GEC �L Z City of Apache Junction �RlzoNP Development Services Department ✓ DATE: April 22, 2020 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director FROM: Heather Patel, Program and Resource Manager SUBJECT: Human Services Programs and Services REQUEST Presentation and discussion on the human service programs and services being offered through the Development Services Department. BACKGROUND AND DISCUSSION The city currently does not have a Human Services Division within the city nor dedicated staff to provide these services. However, staff within the Development Services Department has taken responsibility for a variety of human service needs by providing programs and resources. Human Services is generally defined as programs and services affording health, public health, and human services care to all people, especially, to individuals of underprivileged conditions. The human services provided by the Development Services Department are in addition to the continuing efforts of various other city departments. Some examples include the Parks and Recreation Department which manages senior services, the Apache Junction Public Library which provides various programs specifically to children, and the Apache Junction Municipal Court which offers the Mental Health Court and associated services. RECOMMENDATION/ACTION REQUIRED Staff respectfully recommends the city council receive a presentation and have a discussion on the human service programs within the city. ATTACHMENTS Attachment One: Division description of the Revenue and Community Development Division of Development Services Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 Revenue and Community Development Division The Revenue and Community Development Division is responsible for revenue generation for the city including grants and corporate partnerships. The division is responsible for community development relating to housing rehabilitation, housing resources and information, volunteers engagement, and other local initiatives. The division is the human services contact for outreach, resources, and referrals for Apache Junction residents while maintaining ADA and Civil Rights compliance through city programs and services. This division serves as the staff liaison providing technical assistance and support to city commissions, regional human service networks, and local non-profits which provide a direct benefit to the city in revenue and community development. The RCD Division includes: 1. Grants 2. Corporate Partnership 3. Non-profit support for Friends of Apache Junction and the Apache Junction Community Development Corporation 4. Community Development 5. Public Art 6. Human Services Division Structure Revenue and Community Development Division Revenue Development Community Human Services Grants Corporate Friends of Apache strong Housing Volunteer Public Art I alth and Apache ADA and [:] Apache Junction I Sustainable Rehabilitatio Services Commission Human Junction Civil Junction Community I Community n Program Services Homeless Developmen Initiative C"ra—z Coalition Rights Corporation Training,CDBG, Focal Point Networks; Project Committee Continuum of Management, Care; Non-profit L Community outreach, Technical resource,and Assistance referrals Page 1 Grants Grants are an additional, external source of revenue to address a locally defined need. Grants come in the form of funding, technical assistance, goods, and services. Grants may come from federal, state, local, foundation, corporate, and private resources received for a specific purpose. The division provides the following services within the city: • Research • Grant writing • Project planning • Project administration • Project management • Application review • Reporting • Technical assistance Resources provided for city departments include: • Grant Policy and Procedures • Weekly grant e-Newsletter • Grant workshops • Grant research software • Grants blog www.gpachejunctiongrants.wordpress.com • Twitter at https://twitter.com/Grantseeking • Intranet site Addititonal technical asssitance is provided to local non-profits to include: • research • application review • planning/consultation • current funding notifications (www.gpachejunctiongrants.wordpress.com and https:Htwitter.com/Grantseeking.) • on-line resources and links (www.ajcity.net/ rg ants) • Training opportunities (previous training information available online at www/ajcity.net/grants) Website: www.ajciiy.net/grants for previous workshop presentations and information offered by the city. Corporate Partnership Establishing business partnerships with local, regional, and national companies that provide both a service to the for-profit business and brings additional revenue,publicity, and resources to the city. Website: www.ajcity.net/partnerships Page 2 Past partnerships include: • 4th of July Celebration(Republic Services, Sewer District, Frontier Ace Hardware) • Wellness Event and Expo (Brookdale Apache Junction) • Holiday Festival & Light Parade (Phoenix-Mesa Gateway Airport Authority, Sewer District) • TGIF (Bashas', Apache Junction/Gold Canyon News) Friends of Apache Junction Friends is a local nonprofit organization established in 2009 to help address such quality of life issues as student wellness, public safety, parks and recreation services and the humane treatment of domestic animals. This organization is a separate entity from the city and is a 501 (c ) 3 with a Board of Directors. The Friends of Apache Junction exists to enhance the programs, facilities, and services of the community by supporting: • Recreational, fitness and wellness opportunities; • Opportunities to support the humane treatment of domestic animals; • Opportunities to preserve and protect the area's natural resources; • Opportunities to support the public safety of the community; • Opportunities to support the revitalization of the community's neighborhoods; • Community service programs to address social needs; • Arts, cultural enrichment and historic preservation opportunities Website: https:Hfriendsofapachejunction.wordpress.com/ Previous projects include: • Open space clean ups • Wellness supplies for local kindergarten students • Centennial project: Roosevelt's Ride • Capacity building for local non-profits • Equipment for Paws and Claws Care Center • Housing rehabilitation • Equipment for the Multi-Generational Center • Fit Families Program • Staff training for the Police Department • Equipment for the Police Department's canine officer. Apache Junction Community Development Corporation The Community Development Corporation("CDC") is a local nonprofit organization established in 2002 to address community deterioration, neighborhood revitalization, and downtown/business revitalization. The organization's signature project is the Make A Difference Day event. This organization is a separate entity from the city and is a 501 (c) 3 with a Board of Directors. Page 3 Website: www.apachejunctioncdc.com Strong Sustainable Community Initiative The Strong Sustainability Community Initiative (SSCI)program collaborates with the community to revitalize neighborhoods by creating a viable environment for business investment, neighborhood well- being and happiness, and city growth and success. The Vision: To create a viable city program that recognizes the importance of strong, sustainable neighborhoods that in turn support residents of Apache Junction and those businesses who serve our neighborhoods. The Purpose: To make concerted efforts to invest in our neighborhoods and provide clean, safe and desirable environments in which to live. By creating strong neighborhoods,we build a solid customer base which helps support our local businesses and the viability of our local economy. With healthy neighborhoods and business, we increase the quality of life for our current residents and attract new residents who want to be part of our community. Website: www.ajciiy.net/ssc Housing Rehabilitation The city provides financial assistance to local homeowners to ensure their homes are "safe, clean and livable". The division administers a housing rehabilitation grant/loan program to help homeowners address health and safety concerns with their homes. The programs available include an emergency repair program and a complete housing rehabilitation program. The purpose and goals of the programs include: • The elimination of health and safety hazards in homes; • To benefit low to moderate income residents; and • To improve neighborhoods and encourage stability. Website: www.ajcity.net/rehab Periodic Volunteer Program The Periodic Volunteer Program is a way for citizens to volunteer for city projects which may only be a one-time project. These opportunities do not require a particular skill set or clearance. If you are interested in becoming a "periodic" volunteer, visit www.justserve.org. If you are interested in volunteering for a local non-profit organization or are looking for a particular project, you may also find these opportunities posted on www.justserve.org. Website: htt2://www.ajciiy.net/462Nolunteer-Opportunities Page 4 Public Art Commission A Public Art Commission was created through Ordinance 1478 to: • Promote and encourage diverse citizen participation in public art; • Assist corporations, commercial developments, and other private and governmental entities to incorporate public art; • Recommend the operating and capital improvement program budgets for the public art program; • Conduct the request for qualifications process for all public art installations; • Review gifts of art offered to the city for artistic and cultural purposes; • Provide information, recommendations and advise city council and staff on public art policies and initiatives relating to the city's mission and vision statements for all art; • Serve as recommending body on public art projects relating to art in public places; • Serve as the recommending body on public art projects relating to art in private development. An amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-13: Design Standards, § 1-13-4, Art in Public and Private Developments established a public art program to celebrate the city's identity, enhances public spaces, strengthens residents' ties to the community, attracts new businesses and tourism and promotes citizen awareness of, and interest in, the arts. Placing art in publicly accessible spaces creates a more desirable place to live, work and visit and improves the health, safety and welfare of the community. Public art projects have the potential of connecting new commercial and residential development to the community and creating a vibrant sense of place for residents and visitors. Art installations in both public and private development that are accessible to the public further enhances these spaces, serves as a cultural resource and establishes a distinctive local identity. Website: under construction Health and Human Services Commission A Health and Human Services Commission was established to: • Determine the needs of city residents with regards to public health needs, provision of human services, and care of the elderly, handicapped, and developmentally disabled; • Enhance the development of public health through forums, seminars, and working with other agencies; • Review requests submitted by providers for city funding and make recommendations to the city council regarding such funding; • Assist with the development of health care facilities; and • Make recommendations to the city council regarding elderly health care and emergency transportation systems. Website: www.ajciiy.net/hhsc Page 5 Homelessness Coordination The Apache Junction Homeless Coalition creates a collaborative network of quality resources and services to assist the homeless and at risk residents of Apache Junction. The coalition, the first of its kind in Pinal County, has operated in various forms since 2015 to address a need in the community. Initially, the coalition was tasked with creating strategies to address the homeless population and conducting the annual federally required point in time count. Special events were conducted including Project Connect events, community information breakfasts, and financial stability classes. The coalition has also conducted hygiene, sock and underwear, and PB&J drives for those who are in need. Other activities include hydration relief and providing information and referral services through a street sheet. The coalition conducted their first strategic planning process in 2017 and again in 2019. Through this process, six key strategies were identified to help those experiencing homelessness and those who are at- risk of homelessness: outreach, collaboration,policy, housing, employment, and basic needs. At the heart of coalition's partnership is the Community Resource Center which encapsulates each of the identified strategies. The center was created to connect services to those in need regardless of their housing status. The center brings together different organizations each week to connect the community to resources including: healthcare,benefit services (social security, DES, medical, SNAP),phones, housing, employment, legal services, and mentoring. The center opened in September 2017. Division staff serves as the contact for community information, resource, and referral services. Websites: www.aciy.net/communitypro rg ams and www.ajcity.net/ajinvests Resource Center Schedule: www.facebook.com/AJCommunityResource/ ADA and Civil Rights The Americans with Disabilities Act(ADA)was enacted in 1990 to ensure people with disabilities have the same opportunities as everyone else to participate in all aspects of American life. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color,religion, sex, or national origin, the ADA is an equal opportunity law for people with disabilities. The ADA prohibits discrimination based on disability. Under the law, the City of Apache Junction strives to assure its programs, services and activities are readily accessible and usable by qualified persons with disabilities. The city will reasonably modify practices,policies and procedures to ensure participation is afforded to everyone. Therefore, the city created an ADA and Civil Rights Plan. The city has also created a Limited English Proficiency Plan (LEP) for the purpose of providing services to persons with limited English proficiencies which hinder that person from having equal and meaningful access to city programs and services. The Plan is to provide a framework for the provision of timely and reasonable language assistance to LEP persons who come in contact with the city. Website: www.ajciiy.net/ada Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. Piz File ID: 20-215 Sponsor: Sidney Urias Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1490, case PZ-3-20, a request by the Richard Lauver and Ariel Lauver Trust, represented by Dane Astle of Edifice Architecture, of a proposed rezoning of approximately 4.5 acres located near the northeast corner of Superstition Boulevard and Main Drive from RS-GR (General Rural Low Density Single-Family Detached Residential)to RM-1/PD (High Density Multiple-Family Residential)and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a 52-unit leased residential community. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE�Gti n� z City of Apache Junction gRIZONP Development Services Department . Date: May 5, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director From: Sidney Urias, Senior Planner Subject: May 5, 2020, City Council Public Hearing Items : PZ-3-20 (Ord. No. 1490) Villas on Superstition Rezoning/Planned Development and Minor General Plan Request Summary Please see the attached staff report and exhibits presented to the Planning and Zoning Commission at their public hearing on April 14, 2020, for a proposed Rezoning/Planned Development and a Minor General Plan Amendment, a request by Rob Hale and Dane Astle of Edifice Architecture. This case pertains to one parcel of land totaling approximately 4 . 5 acres located near the northeast corner of Superstition Boulevard and Main Drive. PZ-3-20 proposes to rezone approximately 4 . 5 acres of property from RS-GR (General Rural Low Density Single-Family) to RM-1/PD (High Density Multiple-Family Residential by Planned Development) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a single- story 52-unit leased residential community. P&Z Commission Hearing and Recommendation Items discussed at the commission meeting, brought up by commissioners include, the rationale for the reduced rear yard setback, questions regarding the leased residential community concept, covered and uncovered parking requirements, availability of garage spaces and proposed amenities provided by the developer. Staff and the applicant clarified the rationale of the rear yard setback, clarified the concept of the leased residential community which mimics an apartment complex without the vertical density traditionally associated to a rental community, clarified the requirements of the Zoning Ordinance in regards to Planning& Zoning-Building& Safety-Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 covered and uncovered parking spaces, and lastly the first come, first serve process of obtaining garage spaces . The commission' s unanimous recommendations of approval for the Rezoning/Planned Development and Minor General Plan Amendment are memorialized in attached draft Ordinance No. 1490 . Attached: - Draft Ordinance No. 1490 - Staff report and attachments presented to P&Z on 04-14-20 Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 ED A& ICAT V � � 63655 DANE R. p ASTLE o: 660'-3" S!sned°3'�1>j 33'-0" 110-4' 9'-3" 101'-0" 10'-0" 148'-0" 10'-0" 148'-0" 10'-0" 148'-0" 1 33'-0" FPE TO BE Keynote 2 A' j ABANDONED I I Key Value Keynote Text EXPIRE 3/ /2 20 2 g�°. 2 e,, _ 1 q 1 SITE WALL 8"18"116"CONCRETE MASONRY UNITS WITH 8"X4"X16" CONCRETE MASONRY UNIT CAP AND STUCCO FINISH,SEE DETAIL 00 o CO `— I r �� r r 31AS-110 FOR HIGH AND FINISHES. w N F E TO B ,� 2 6-0 HIGH SITE WALL,4 X8 X16 CONCRETE MASONRY UNITS, WITH o A ANDO ED I I o 0 8"X8"X16"MASONRY PILASTER.SEE DETAIL 21AS-110 Q Lq IF// U) ih i0 F-COO:) M co Q O 1 ofmFX/ � I � _ Lu (D e�e r �s MOTORIZED ROLLING GATE ;e z I 00 LT 6 J 6 8 R, q 7 8 7 co AS 110 a$ �; r ,p ^ 9� ' a=> �` EXIS ING ,� r > CMU WALL I L r I � � I 'N I s, e CRASH o ea 5 0 0.� 36 �fp 9a eeaL I I , AS 110 g r e _ I 5 �, ;� - 12 �° r PARK „ GARAGE 3, 5GARAGES Of`V — g APN 100350350 g� ` AREA 4.237 ACRE 1 p 6 r Q l 6 — LU Z 0 Cn Z N ,.aim -ho eo -Poo UTILI POLE SH , TRASH ie � � •�, 7 8 a_ 7 8 7 W o � � 1 2 Z � p Z Q I o o O LU > M M I 1 p z AS-110 N oLL I a Q 1 gm 1 em ti 1 ��e 1 eoo� 151 MR, s 1 AS-110 MONUMENT W m — U SIGN I — I Z PROJECT TEAM I I OWNER 42' 11" 1 L11'0"L 33'0" 12'4" 54'0" �1 L10'-0"0'0" 0� 148' " � 148'0" �10'0"� 148'0" 6 Lauver Family Trust 3 T 480.518.1397 Contact: Rob Hale — — — — — — — — — — — — — — — — — — — — — — — — — ARCHITECT — — — — — — — — — — — — — —W—SUPE— — — R— — — —STITION— — — —BLVD— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — AS-110 EDIFICE T 480.580.1116 Contact: Dane Astle WALL PLAN 1 1" =30'-0" STUCCO COLOR:PPG1009-5-ARCHITECT 4"SOLID CMU CAP-TRENWYTH STUCCO COLOR:PPG1009-5-ARCHITECT 4"SOLID CMU CAP-TRENWYTH TO APPROVE FINAL SELECTION OF TRENDSTONE COLOR:BLACK CANYON- TO APPROVE FINAL SELECTION OF TRENDSTONE COLOR:BLACK CANYON- COLOR. ARCHITECT TO APPROVE FINAL BLOCK COLOR. ARCHITECT TO APPROVE FINAL BLOCK LINEAR LIGHT SELECTION PRIOR TO ACQUISITION. SELECTION PRIOR TO ACQUISITION. o V I L L A S oN SUPERSTITION TRENWYTH TRENDSTONE CMU 8X8X16 W/BLACK TRENWYTH TRENDSTONE COLOR:BLACK CANYON 10'-01 MORTAR AND 1/4"RAKED COLOR:BLACK CANYON 101-01, TRENWYTH TRENDSTONE MONUMENT SIGN CMU 8X8X16 W/BLACK CMU 8X8X16 W/BLACK JOINTS.PAINTED WITH CMU 8X8X16 W/BLACK COLOR:BLACK CANYON INTEGRATED INTO MORTAR AND 1/4"RAKED MORTAR AND 1/4"RAKED COLOR:PPG1007-6 MORTAR AND 1/4"RAKED CMU 8X8X16 W/BLACK THE SIDE WALL JOINTS.PAINTED WITH JOINTS. JOINTS. MORTAR AND 1/4"RAKED COLOR:PPG1007-6 JOINTS. DECORATIVE FENCE MONUMENT SIGN 3 1/8" = 1'-0" 5 1/8" = 1'-0" 4"SOLID CMU CAP-TRENWYTH TRENDSTONE COLOR:BLACK CANYON-ARCHITECT TO APPROVE FINAL BLOCK TRENWYTH TRENDSTONE # DESCRIPTION DATE SELECTION PRIOR TO ACQUISITION. COLOR:BLACK CANYON CMU 8X8X16 W/BLACK MORTAR AND 1/4"RAKED CMU 8X8X16 W/BLACK JOINTS. MORTAR AND 1/4"RAKED JOINTS.PAINTED WITH COLOR:PPG1007-6 OVERHEAD CANOPY I 0 0 � 9'-01, 2'-0" 10'-0" TRENWYTH TRENDSTONE CMU 8X8X16 W/BLACK (COLOR 2)CMU 4X8X16 COLOR:BLACK CANYON MOTORIZED MOTORIZED CMU 8X8X16 W/BLACK PEDESTRIAN MORTAR AND 1/4"RAKED REZONING 2 N D W/BLACK MORTAR AND CMU 8X8X16 W/BLACK ROLLING GATE ROLLING GATE MORTAR AND 1/4"RAKED ACCESS GATE JOINTS.PAINTED WITH 1/4"RAKED JOINTS. MORTAR AND 1/4"RAKED JOINTS.PAINTED WITH COLOR:PPG1007-6 SUBMITTAL JOINTS. COLOR:PPG1007-6 03/02/2020 DUALLY WALL MOTORIZED GATE ENTRANCE MAILBOX ELEVATION - 2 1/8" = 1'-0" 4 1/8" = 1'-0" 6 1/8" = 1'-0" WALL PLAN AS =1 10 1 O� PQACHF✓GAO y z City of Apache Junction Development Services Department ka � qR/ZONP PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : April 14, 2020 CASE NUMBERS : PZ-3-20 "Villas on Superstition" OWNERS : Richard Lauver and Ariel Lauver Trust APPLICANT: Rob Hale and Dane Astle of Edifice Architecture REQUEST: Proposed rezoning of approximately 4 . 5 acres from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-1/PD (High Density Multiple-Family Residential) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a 52-unit leased residential community. LOCATION: The property is located at the northeast corner of Superstition Boulevard and Main Drive GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential ("MDR") ; General Rural Low Density Single-Family Detached Residential ("RS-GR") SURROUNDING USES : North: Stagecoach Trails, zoned RS-5/PD; South: Residential and Commercial property, zoned RS-10 and B-1; East: Ironwood Self-Storage, zoned B-1/PD; "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 2 West: Residential and Commercial property, zoned RS-10 and B-1 BACKGROUND The property has historically been undeveloped and zoned RS-GR (General Rural Low Density Single-Family Detached Residential) , no other development history is available . Most recently the applicant has put the property in escrow to purchase and develop the land. PROPOSALS PZ-3-20 is a proposed rezoning of approximately 4 . 5 acres property from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The PD rezoning concept proposes a reduced rear yard setback from 20 feet to 15 feet, no other deviations from the Zoning Ordinance have been requested by the applicant. Furthermore, the community will not be age restricted; internal driveways will be private; and an entrance is proposed to be located along Main Drive . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Medium Density Residential" . Due to the proposed density of the project and because the property is less than ten acres, a Minor General Plan Amendment has been requested. The current General Plan designates this property to a maximum of 6 dwelling units per acre, the proposed plan is requesting a density of 13 dwelling units per acre. Zoning/Site Context: The 4 . 5 acres is a privately-owned piece of land surrounded by residential and commercially zoned land. The proposed project is located directly south of Stagecoach Trails Subdivision. "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 3 Planned Development Zoning: There is only one zoning deviation requested with this planned development rezoning: Setbacks (Rear) : The RM-1 zoning district normally requires a 20-foot rear yard setback. The Planned Development proposes a 15-foot rear yard setback. No other proposed deviations have been requested. Proposed Deviations Table : Description Zoning District RS-GR Zoning District RM-1 Proposed PAD Maximum Density 0.80 units/acre 13 units/acre 13 units/acre (dwelling units per acre) Minimum front setback 40 ft. 20 ft. 20ft. (main structure) Minimum interior side 20 ft. 10 ft. 10 ft. setback(main structure) Minimum Street Side 20ft. 10 ft. 10 ft. Setback(main structure) Minimum Rear Setback 40 ft. 20 ft. 15 ft. (main structure) Max.Lot Coverage 30% 50% 50% Maximum Height for Main 35 ft. 35 ft. 35 ft. Structure As trade-offs, the applicant is offering a range of amenities such as a tot lot playground, community pool, pool cabanas, jacuzzi, barbecues and plentiful greenspace . Staff has also reviewed the proposed elevations and floor plans . The proposed elevations meet the four-sided architecture requirement as noted in the Zoning Ordinance (see attached plans) . Infrastructure Improvements: The developer will need to extend all necessary services to the site . SRP, Century Link, Southwest Gas and cable communication facilities are probably already on site. Half-street improvements and street dedications will be completed by the developer along Superstition Boulevard (southern boundary) and "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 4 Main Drive (western boundary) . The internal driveways will be constructed and maintained by the developer and or owner. Furthermore, all other necessary on-site and off-site improvements, including retention basins, perimeter walls, amenities and landscape buffers will be built at the time of development. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius . On March 24, 2020 a neighborhood meeting took place but no one attended the meeting. The only communication the applicant received was a phone call by a property owner located in the Stagecoach Trails Subdivision. The property owner expressed concerns over perceived traffic increases, the possibility of having boisterous neighbors, low income tenants and light pollution. The applicant was able to convey that traffic should not be a concern due to the location of the entrance, sound should not be a concern due to the distance of each unit from the subdivision in addition to the standard sound insulation system on each of the units, the design of the community was also intended to attract market rate tenants while providing a luxury rental experience, and lastly all light fixtures were designed to meet or exceed the Zoning Ordinance lighting regulations . Staff has not received any comments regarding the Rezoning/Planned Development and Minor General Plan Amendment request. FINDINGS OF FACT FOR REZONE/PLANNED DEVELOPMENT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria are outlined in the text below: 1 . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The design has been evaluated in many different ways. With the help from different trades and professionals, the current design has been created to accommodate the needs of the new community while allowing the "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 5 inhabitants to come together centrally and enjoy the amenities. It was import that each inhabitant have both public and private space to gather, while living in a product that will provide a luxury experience for them in a space that fits within each their budget. This variety of housing type adds to the demand within this area of Apache Junction. 2 . That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: Within the proposed design, all safety concerns are accommodated and will meet code to ensure a safe and comfortable environment for all inhabitants. We believe this design to be a good uplifting environment for inhabitants as it encourages gathering and befriending in the centralized amenity area. 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: It is not anticipated that property values will reduce due to this community. As the design will be geared toward a luxury product, nice interior and exterior materials, as well as superior amenities, we anticipate that quality neighbors will move in and be a strong part of the existing community only increasing the value from what is existing there today. This project is not designed to accommodate a low income housing solution and is not planned in that way. FINDINGS OF FACT FOR MINOR GENERAL PLAN AMENDEMENT As required by the Apache Junction General Plan, a Minor General Plan Amendment request may be approved by the City Council after consideration has been given to specific criteria. The criteria is outlined in the text below: 1 . Whether the amendment proposes a land use designation that the Land Use Plan Map does not adequately provide optional sites to accommodate . Applicant Response: It is not intended to change the general planning in such a way that this would become a commercial site. It is proposed to maintain the residential feel and bring "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 6 inhabitants to this area increasing the demand for future commercial development in the area. We agree with comments from economic development regarding the proposed community offering a good variety of housing types for those who are looking for something different. The added density can be a positive way to fit the market demands while bringing quality inhabitants to the area. 2 . Whether the amendment constitutes an overall improvement to the General Plan, will not solely benefit a particular landowner or owners at a particular point in time, and is consistent with the overall intent of the 2010 General Plan. Applicant Response: We believe that this development is a luxury addition to the community. Although it is not a single-family home, it does not necessarily take away from the value or become a detriment to the community or the general plan for the City. We are proposing a high-end product attached. As a new variety in housing type, many different market driven inhabitants have options and can life in this area. This project should be a long-lasting positive addition to the community. 3 . Whether the proposed amendment is justified by an error in the 2010 General Plan as originally adopted. Applicant Response: Not justified by an Error. 4 . Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2010 General Plan. Applicant Response: Yes, we believe the goals and objectives of the plan fit well and are consistent with what this community intends to offer. 5 . Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. Applicant Response: We believe the general plan and what we intend to develop are very similar. We are maintaining a community environment that will bring quality inhabitants to this area and encourage growth and viability within the commercial sector. "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 7 6 . Whether the amendment will adversely impact a portion of, or the entire community by: a. Significantly altering acceptable existing land use patterns, especially in established neighborhoods . Applicant Response: Not planning to alter the plan significantly. b. Significantly reducing the housing to jobs balance in the Planning Area. Applicant Response: We believe that there will still be a good balance in the community as there is still a need for growth and development in Apache Junction. This development will help trigger a few of the other needs that will incur balance. c. Substantially decreasing existing and future water supplies . Applicant Response: Not planning to alter the plan significantly. Exterior landscape is maintained as low water use around the front patios of the development. d. Replacing employment with residential uses . Applicant Response: Not replacing or removing employment. e . Requiring additional and more expensive improvements to infrastructure systems and/or proximity to municipal facilities and/or services than are needed to support the prevailing land uses and which, therefore, may impact the level of service for existing and proposed developments in other areas . Applicant Response: Not impacting the infrastructure in a negative way. f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses . Applicant Response: We have received no comments or concerns about traffic impact on Main Dr. where the entrance is "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 8 proposed. We believe this will not impact traffic flows beyond the level of service the roads are designed to accommodate. g. Affecting the existing character (i .e . , visual, physical and functional) of the immediate area. Applicant Response: We have worked closely with City Staff to ensure that we are unique, but maintaining all aspects of the character area as considered in the surrounding community. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations . Applicant Response: We are maintaining a residential development on this location. No change to the exposure. i . Materially diminishing the environmental quality of the air, water, land, or cultural resources . Applicant Response: We will be maintaining the use of common and quality materials. We have no intention of diminishing any environmental recourses. j . Significantly altering recreational amenities such as open space, parks, and trails . Applicant Response: We do not want to alter this unless the alteration is an increase, as we are in favor of maintaining these areas as evident in the central amenity area of the proposed site plan. PLANNING DIVISION RECOMMENDATION Staff acknowledges that only one deviation from the Zoning Ordinance has been requested for this proposed development. Staff also acknowledges that this product type will diversify the City' s current housing stock as needed and emphasized by the 2020 General Plan. As such staff respectfully recommends to the Commission that they include the following conditions of approval as part of a favorable recommendation to the City Council . As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 9 RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING AND MINOR GENERAL PLAN AMENDMENT I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned development rezoning case PZ-3-20, a request by Rob Hale and Dane Astle of Edifice Architecture for a 52-unit leased residential community tentatively to be named "Villas on Superstition", located at the northeast corner of Main Drive and Superstition Boulevard, from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-1/PD (High Density Multiple-Family Residential by Planned Development) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential, subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached and associated to this case and all the provisions of the Zoning Ordinance applicable to this case . 2) The proposed development will not be age restricted. 3) Street improvements and dedications include Main Drive and Superstition Boulevard but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 4) Landscape, screening and irrigation improvements, planted within a minimum 10-feet deep strip inside the net property line along the southern and western perimeter of the property (but outside of required walls) , shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall wall shall be constructed. 5) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction. Inclusively, all applicable development "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 10 fees shall be paid at the time of permits issuance on a per-unit basis . 6) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided Staff review comments and in accordance of the city' s approved Engineering Standards . 7) All common and amenity areas within 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 developer/owner of the community. ------------------------------------------------------------- ,S'DC Vote LA yids Prepared by Sidney Urias Senior Planner Attachments : Exhibit #1 - PZ-3-20 Application Exhibit #2 - Aerial Map Exhibit #3 - Project Narrative Exhibit #4 - Preliminary Landscape Plan Exhibit #5 - Proposed Elevations Exhibit #6 - Proposed Floor Plans Exhibit #7 - Proposed Wall and Monument Plan "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report ORDINANCE NO. 1490 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 FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-3-20, A REQUEST BY ROB HALE AND DANE ASTLE OF EDIFICE ARCHITECTURE ("APPLICANTS") , FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") AND A MINOR GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL ("MDR") TO HIGH DENSITY RESIDENTIAL ("HDR") , FOR A 52-UNIT LEASED RESIDENTIAL COMMUNITY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the Applicants submitted a planned development ("PD") plan for a future +/-52-unit leased residential community, tentatively named "Villas on Superstition", on approximately 4 . 5 acres subject property, and a minor general plan amendment from MDR to HDR; and WHEREAS, on April 14, 2020, the Apache Junction planning and zoning commission voted 6-0 to recommend approval of rezon- ing/planned development case PZ-3-20, subject to the submitted conceptual PD plans and the conditions prescribed herein; and WHEREAS, the city council hereby determines that the proposed PD 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, Article 1-5 : Zoning Bulk and Use Regulations, Section 1-5-1, Residential Use Regulations and Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay 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 natural environments in the city, and the design and uses should result in enhancements to the social, built and natural environments in the city. ORDINANCE NO. 1490 PAGE 1 OF 4 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 parcel of land legally described as : The south half of the southwest quarter of the southeast quarter of the southeast quarter of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona. Except that portion deeded to the City of Apache Junction in Warranty Deed Fee No. 1996-020314 of official records of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona. And also, except that portion deeded to the City of Apache Junction in Warranty Deed Fee No. 2006-091931 of official records of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly defined as follows : Beginning at the southwest quarter of said above described parcel, thence Northerly, along the west line of said parcel, a distance of 50 feet; Thence Easterly, parallel and 50 feet north of the south line of said parcel, a distance of 660 feet to a point on the east line of said parcel, distance of 50 feet from the southeast corner of said parcel; Thence Southerly, along the east line of said parcel, a distance of 50 feet to the southeast corner of said parcel; Thence Westerly, along the south line of said parcel 660 feet to the point of beginning. ORDINANCE NO. 1490 PAGE 2 OF 4 be and hereby is amended from RS-GR to RM-1/PD subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached and associated to this case on file with the city' s planning commission and all the provisions of the zoning ordinance applicable to this case. 2) The proposed development will not be age-restricted. 3) Street improvements and dedications include Main Drive and Superstition Boulevard, but are not necessarily limited to: extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping and are subject to review and approval by the city engineer. 4) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line along the southern and western perimeter of the property (but outside of required walls) , shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-8 : Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall wall shall be constructed. 5) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction. Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-unit basis . 6) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided staff review comments and in accordance of the city' s approved engineering standards . 7) All common and amenity areas within the proposed development, including perimeter walls and fences, ORDINANCE NO. 1490 PAGE 3 OF 4 and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the developer/owner of the community. 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 unconstitutional 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 , 2020 . SIGNED AND ATTESTED TO THIS DAY OF 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1490 PAGE 4 OF 4 City of Apache Junction Development Services Department /{ 300 E. Superstition Blvd. !J Apache Junction, AZ 85119 (480) 474-5083 REZONING APPLICATION SUBJECT INFORMATION PROJECT NAME: Villas on Superstition PROPERTY ADDRESS: ASSESSOR'S PARCEL NO. NEC of Main Drive and Superstition Blvd. 100350350 ACREAGE: CURRENT ZONING DISTRICT: RG-GR 4.237 PROPOSED ZONING DISTRICT: AM-1 EXISTING GENERAL PLAN DESIGNATION: Medium Density Residential P NAME: Lauver Family Trust MAILING ADDRESS: PO Box 1572, Mesa AZ 85211 EMAIL: TELEPHONE: ra_pugh@hotmail.com 480-518-0397 AI3 NAME: Rob Hale MAILING ADDRESS: 1744 S Valvista Dr, Ste 206,Mesa AZ 85204 EMAIL: rob@EliteResultsTeam.com TELEPHONE: 480-241-5758 OWNER AUTHORIZATION i hereby certify that the above information is correct, and that I am authorized to file an application on said property, being either the owner or authorized agent to file on behalf of the owner. Anyone applying without authorization from the property owner(s)shall be subject to penalty under all applicable laws. x4x%e A Af4, r vs4re a{44e L4wee 01/15/2020 Property Owner Signature Date --� 01/16/2020 I Applicant Signature Date REZONING REVIEW TIMEFRAME - ADMINISTRATIVE COMPLETENESS REVIEW:S DAYS REVIEW OF SUBMITTAL:30 DAYS Rezoning Application � � Page 1 of 2 112019 Fut'j?-C}x— COCA j O Lin rX, F-7- td 4_ ?- Stagecoach Trails 4 ' I1 J Zonin . RS 5/PD !. F.,, I 90 A �1 . g Villas on Superstition • Cholla Vista Estates J PZ-3-20 ` Zoning: RS-10 ( I Parcel:100-35-0350 • ! Proposed Zoning: RM-1/PD ' 4.24 acres • PLO- Ironwood Self-Storage • yF_ t Zoning: B-1/PD i ■ k. t'. Mckellips+Blvd �,� DISCLAIMER:This exhibit was produced without benefit City ®f Apache Junction of a field survey and is not intended to represent a survey a document of any kind. Distances shown hereon are Lost Dutchman lvd t PZ-3-20 Exhibit approximate.Parcel lines shown hereon are approximate Qaoc and may not reflect the exact position or alignment of ❑ �P parcel lines, roadway center lines, or easement lines. Superstition Blvd LEGEND Apache Trl O Subject Site Parcel o Broadway Ave 0/0, �� eSty m Southem Ave 2 LB IJOW Baseline Ave Q of 60 of IQ Oo o March 18, 2020 ~ 0 0 100 200 400 G:\Projects\Deve lop mentSe rvi ce s\Pl a nn ingAn dDevel opme nt\Pla nnedZon ingCa ses\2020\PZ-3-20\PZ_3_20_Exhibit.mxd Feet - r - architecture January 17, 2020 CITY OF APACHE JUNCTION Development Services Department 300 E Superstition Blvd Apache Junction,AZ 85119 P:(480)474-5083 Re: Project Narrative Villas on Superstition,(53) Units Residential Townhome Development Address: NEC of Main Drive&Superstition Blvd Parcels: 100350350 Project Narrative On behalf of the property owners, as well as Villas on Superstition, we are requesting approval for the rezoning of approximately 4.23 gross acres located at the NEC of Main Drive and Superstition Blvd, Apache Junction, AZ 85120. Specifically, a rezone from RS-GR (4.23 ac) to RM-1 (High Density Multiple- Family Residential) PAD to accommodate a for-sale 52-Villa community. The Villas on Superstition function more like a grouping of attached single-family buildings and are similar to a compact single-family subdivision offering amenities in a central area and community connection to its owners. The gated community will provide 54 uncover parking stalls, 51 covered parking stalls and 17 garages for a total of 122 parking stalls. The building area proposed is 47,272 SF which is a 25.5% of the land gross area.The open area proposed is 58,881 SF which is a 31.25%of the land gross area. Development Standards Table: Description Zoning District RS-GR Zoning District RM-1 Proposed PAD Maximum Density 0.80 units/acre 13 units/acre 13 units/acre (dwelling units per acre) Minimum front setback 40 ft. 20 ft. 20ft. (main structure) Minimum interior side 20 ft. 10 ft. 10 ft. setback(main structure) Minimum Street Side 20ft. 10 ft. 10 ft. Setback(main structure) Minimum Rear Setback 40 ft. 20 ft. 15 ft. (main structure) Max.Lot Coverage 30% 50% 50% Maximum Height for Main 35 ft. 35 ft. 35 ft. Structure 876 N McQueen Rd. Mesa,AZ 85233 T.480-580-1116 architecture We sincerely thank you for your time, ' Dane Astle Principal Architect EDIFICE ONNA3v1Oq NOIIu5N3d15Ow 3nt110N A003N NOIIIIS1J3dnS NO SVIII0 _ R 6i _ R R p _ . . . _ S R M b b 6 6 b g e b b b E b b b b b b b b b b E b b tel �61 F x y p a FFII �E ` yt a 0 ¢¢ b lw E'•• _ _ z j r" 1 !. 1, $��" 1, t Oi i a Z 1' r . 1111 ■ � 210 NIVW N L I I cICAT V � � 63655 DANE R. p ASTLE o: 3 S 9ned....'. 1>j. 2 A, EXPIRE 3/ /2 20 00M (D o cM � N � 4� 0d Lu 00 0 � Q00 o F- oo MECHANICAL UNITS �q ,� ��y� � z m � FULLY SCREENED WINDOW BEHIND PARAPET ASPHALT WINDOW ASPHALT WINDOW ASPHALT WINDOW w:� — w SHINGLE SHINGLE SHINGLE - = w CD z SCONCE 00 LIGHT 8"POST / /El ED i BASE BLOCK i COLOR 1 STUCCO BOARD AND BATTEN STUCCO BASE BLOCK 8"POST BOARD AND BATTEN STUCCO BOARD AND BATTEN STUCCO STUCCO BOARD AND BATTEN COLOR 1 Z O VILLA ELEVATION 6-PLEX - - 1 1/8" = 1'-0" 0 J m W Z O U) I— 0� W V, 0_ Nz U) 06 WINDOW ASPHALT WINDOW ASPHALT WINDOW ASPHALT WINDOW T.O. PARAPET Z SHINGLE— — — — — — — SHINGLE— — — — — SHINGLE— — — — — — — — — — — — — — 1PET 91-01, Q — LEVEL 2 LL 16'-0" j O 0 sO� PROJECT TEAM OWNER STUCCO � � � Lauver Family Trust T 480.518.1397 DUALLY / Contact: Rob Hale WALL T / LEVEL 1 ARCHITECT 0'-0" EDIFICE T 480.580.1116 Contact: Dane Astle STUCCO DUALLY STUCCO DUALLY DUALLY STUCCO DUALLY STUCCO STUCCO STUCCO DUALLY WALL WALL WALL WALL WALL PRESENTATION ELEVATION NORTH 2 1/8" = 1'-0" ASPHALT WINDOW ASPHALT SHINGLE SHINGLE T.O. PARAPET T.O. PARAPET LEVEL 2 LEVEL 2 # DESCRIPTION DATE 8"POST 0 8"POST n I I BASE BLOCK II BASE BLOCK II COLOR 1 COLOR 1 — — — — — —LEVEL LEVEL 1_ — — — STUCCO STUCCO FENCE DUALLY WALL DUALLY STUCCO WALL REZONING PRESENTATION ELEVATION EAST PRESENTATION ELEVATION WEST SUBMITTAL 03/02D/20 3 1/8" = 1'-0" 1/8" = 1'-0" EXTERIOR ELEVATIONS COLOR 6-PLEX L I I AE =203 cICAT V � � 63655 DANE R. p ASTLE o: 3 S 9ned...�. 1>j. 2 A, EXPIRE 3/ /2 20 O M N W 0 0 U) Q Lq F- COO:) 12� W F- Z m ~ J_ Lu W U d U Z co ti I L co 148'-0" Z O F— F- 0 o o J m El LU 011 N 9, 10'-3" MASTER MASTER o 6METERS �� U) SUITE Ej SUITE - j- j ' 7 F o PACK SES IL ❑ BEDROOM LAUNDRY ❑ ❑ ❑ ❑ ❑ �, �' �� Z) ❑ U) �H W/D H W/D N 4'-4" 5' 11 �� Z 4'5' H W/D H W/D I W/D H M IL GREAT ❑ 4 J ° A202 N LAUNDRY ELECTRICAL ROOM • ELECTRICAL • _ 0 LU ELECTRICAL PANEL ELECTRICAL ELECTRICAL PANEL ELECT RICAL PANEL PANEL PANEL PANEL _\:` _ — > Z M 0 PROJECT TEAM 00 OWNER 00 ❑ Lauver Family Trust GREAT F F F T 480.518.1397 ROOM -CD Contact: Rob Hale o- N _ N 157 ARCHITECT 20'-0" 6'-10" - EDIFICE 1b � T480.580.1116 Contact: 0 Dane Contact: Dane Astle 27'-0" 20'-0" 27'-0" 27'-0" 20'-0" 27'-0" N FLOOR PLAN LEVEL 1 - 6 PLEX 1 1/8" = 1'-0" 4' 8' 16' # DESCRIPTION DATE REZONING 2ND SUBMITTAL 03/02/20 FLOOR PLAN 6-PLEX ❑ AE =1 01 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. Piz File ID: 20-220 Sponsor: Sidney Urias Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of a request for a continuance of case PZ-1-20, Old West Highway Village located on the south side of Old West Highway, east of Royal Palm Road and west of Weeks Wash, site of a former golf driving range. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� pPACHE n� 100 z City of Apache Junction Development Services Department 01 '9RIZONP DATE : May 5, 2020 MEMO TO: Honorable Mayor and Apache Junction City Council Members; THROUGH: Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager FROM: Nicholas Leftwich, Planning Intern SUBJECT: Continuance of PZ-1-20 to a later date . Due to the extenuating circumstances imposed by COVID-19 and its effects on workplaces, the applicant, Apache Junction 772, LLC, is still unable to provide the necessary additional information needed to review PZ-1-20 . In consideration of these circumstances and the difficulties caused by the current pandemic, Staff recommends the indefinite continuance of PZ-1-20 until a later, undetermined date . Please see the attached e-mails . The necessary public hearings will be rescheduled and advertised, and all neighbors will be notified once again prior to the next public hearing, in conformance with the state' s public hearing laws . Upon review of these circumstances, on April 14, 2020, the Planning and Zoning Commission voted unanimously to continue the case indefinitely to a later, non-specific date . 7 W_ 44�A -4 Prepared by Nicholas Leftwich Planning Intern Attachments : Correspondence E-mails with the Applicant Planning&Zoning-Building &Safety-Revenue Development 300 E.Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 Rudy Esquivias From: Rudy Esquivias Sent: Thursday, April 02, 2020 6:39 PM To: Frank Dell'Armi (fdellarmi@msn.com); Greg Loper(greg.loper@hotmail.com) Cc: Nicholas Leftwich; Larry Kirch; Barbara Kelly; Robina Shultz; Lesley Castillo Subject: Continuation of rezoning case PZ-1-20 Old West Highway Village Attachments: PZ-1-20 Old West Highway Village Review Comments Hello Frank and Greg: This e-mail follows up on the conversation we had on Tuesday, March 31. As you recall, I had left you a message on Monday asking for a status on certain requested exhibits and submittal items, in anticipation of needing review time of said items before our scheduled P&Z meeting on April 14 (continued from the March 10 P&Z meeting). See Nick's e-mail from February 12 (attached) wherein he specified the items needed to make the rezoning submittal complete. I believe the following bullet points highlight our discussion and game plan for the near term: • Frank and Greg ("applicants") stated that they do want to move forward with rezoning and that Old West Highway Village is still a very viable project; • Applicants are in the process of changing out their design team; • With the current COVID situation, it has been very difficult to get ahold of people, very few people working in offices, everything is slow right now; • Rudy mentioned that the first continuance request (requested at Feb 25 P&Z meeting) was staff's suggestion and we did not charge applicants a $250 continuance fee; • Second continuance request (requested at March 10 P&Z meeting) was applicants', because they were still lacking exhibits, and we do need to collect a $250 continuance fee, which we have not yet done; • Because of the current extraordinary circumstances, Rudy suggested we kick everything out to the summer, when hopefully things have gotten more or less back to normal; • Suggested I go to P&Z on April 14 and City Council on May 5 (currently scheduled public hearing dates) and request another continuance (no fee), but to a non-specific date; • The idea is to give applicants time to work with their new design team and develop proper exhibits, then when ready, submit new exhibits to staff for review; • When project is ready to move forward, staff will establish new public hearing dates, advise applicants of such and applicants will submit payment for new public hearings ad and mailings; • Applicants will advise their clients/property owners about the new game plan. I believe that covers what we discussed. If I missed something, please let me know. The only thing we need from you in the next couple of business days is for you to please catch up on the one $250 continuance fee. Please contact Lesley at 480-474-5097 or Robina at 480-474-5091 on Monday or Tuesday, to remit said payment by debit or credit card over the phone. Thanks guys and we'll talk to you real soon. dRAd#.05qULVICL i Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquiv' as@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) 1 Rudy Esquivias From: Nicholas Leftwich Sent: Wednesday, February 12, 2020 4:26 PM To: 'fdellarmi@msn.com' Cc: 'greg.loper@hotmail.com'; Sidney Urias Subject: PZ-1-20 Old West Highway Village Review Comments Attachments: 1st Review Comments - Old West Highway Villa.pdf Hello Frank, Following our review of the application and staff discussions we have prepared the attached planning comments. Please note the requirement for a comment response letter containing comments addressing staff concerns and providing explanations for questions where relevant. Prior comments from the pre-application review process are still applicable and should be addressed where they have not already been so. If you have any questions regarding our comments or requirements, please let me know and we will address them promptly. Thank you, Nicholas L ftis;ch Planning Intern City of Apache Junction 300 E.Superstition Blvd Apache Junction,AZ 85119 480-474-5491 I71Cllbi IC hCC4L'C:SY.nCr 1 �= City of Apache Junction y Development Services Department Date: 2/12/2020 - FIRST REVIEW COMMENTS Project Name: Old West Highway Village(Rezone/PD) PLEASE NOTE:A COMMENT RESPONSE LETTER 15 REQUIRED UPON NEXT SUBMITTAL Planning Comments (Staff Contact: Nicholas Leftwich—480-474-5491) 1) Narrative: a. Please update the narrative to note the composition of the units, such as the bedroom count and floor count.The current narrative describes only one and two story housing which is not reflected in the site plan or building elevations. b. Amenities are mentioned within the narrative, but nothing further is described or shown. Please provide further information,additional comments may be forthcoming. c. Provide a zoning deviations table within the narrative. d. Page one error: Please correct"RM-12 PD" to read as"RM-2/PD." e. Please confirm that this will NOT be an age restricted community.Age restricted communities will not receive a recommendation from Staff. 2) Site Plan: a. Staff recommends pavers at main entry. Please update the proposed site plan upon next submittal. b. Label Building Setback Lines,street widths, parking dimensions, turning radii,and all other appropriate dimensions on the plans. c. Provide parking calculations Without a reference to bedroom count there is no reference whereon staff can base parking requirements. a. A trail network shall be provided between buildings and throughout the open space. Please update the site and landscape plans accordingly. Please provide a trail cross section on supporting exhibits.The trail system shall also connect to the existing wash found to the east of the property Please contact staff if further clarification is needed. 3) Landscape Plan: a. No landscape plan was included in the submittal. Please provide a colored landscape plan reflecting the details in provided in the landscaping details. b. Provide Monument exhibits upon next submittal.Additional comments may be forthcoming. c. Provide colored wall exhibits upon next submittal A minimum of three(3) material types should be used in the design of the walls fronting Old West Highway,such as but not limited to CMU Cap,CMU,and Split Face CMU.Columns shall be located every 150' fronting major arterials d. Provide an amenity furnishing site package upon next submittal. e. Provide mailbox exhibits upon next submittal Mailboxes shall be architecturally integrated into the site f. Light pole exhibits are required.Staff recommends poles not to exceed 15' in height.All lighting features will need to be down-lit and shielded. 4) Elevations: a. Please provide height and proposed material labels on elevations, b. Please provide a pop-out exhibit. Recessed windows are recommended. Please provide window and pop-out exhibits upon next submittal. c. What is the proposed ceiling height? d. Sconce/entry lights are recommended for all units. Please update elevations and provide detail. Plcnrning& Zoning—Building &Safety— Code Compliance-Reverme Development 300 C Superstition Boulevard • Apache!unction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 l 5) Provide floor plan exhibits upon next submittal. 6) Provide Color and Materials board upon next submittal. Please note further comments may be forthcoming. 7) Provide photometric plan upon next submittal. 8) Reminder. HVAC units shall be fully screened from public view. 9) Process:The proposed request will be considered at the Planning Commission and City Council. Building Safety Comments (Staff Contact: Dave Zellner—480-474-5084) 1) Reminder: 2018 IRC have been adopted since the pre application meeting. Plannhgg&Zoning—Building et-Safety—Cade Compliance -Revenue Development 300 E. Superstition Boulevard -Apache Junction,AZ 95119 - Ph (480)474-5083 - Fax(480)982-7010 2 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. 'Piz File ID: 20-193 Sponsor: Joel Stern and Emile Schmid Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion and consideration of settlement, release and temporary construction easement agreement between City of Apache Junction and Sunrise Shadows Homeowner's Association related to storm water drainage maintenance. City of Apache Junction,Arizona Page 1 Printed on 611512026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: May 5, 2020 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: SUNRISE SHADOWS HOMEOWNERS ASSOCIATION STORMWATER DRAINAGE SETTLEMENT, RELEASE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT; OUR FILE NO. 20-014 The proposed agreement between City of Apache Junction and Sunrise Shadows Homeowners Association ("HOA") settles the parties' ongoing dispute relating to who is responsible for cleaning out the on-site drainage pipes and channels in the subdivision located south of Broadway Avenue down to the northwest corner of 121h Avenue west of San Marcos Drive. In October 1998, the mayor and city council approved the preliminary plat for the Sunrise Shadows 48-lot subdivision and approved the final plat in March 2000. During the pre-plat process, drainage was a significant topic of discussion. The street dedication and drainage easement language in the plat, covenants/conditions/restrictions ("CC&Rs" § 9.06), and a subdivision public report dated June 9, 2000, required the HOA to maintain the tracts for stormwater purposes and pay for such maintenance. Years went by with the HOA management company and/or its successors not appropriately maintaining the stormwater drainage tracts which eventually allowed sediment to build up underneath the 11th Avenue crossing, which in turn caused blockage and diversion of the flow onto 11th Avenue going west and then entering numerous homes south of 11th Avenue (see attached photos taken in September 2019). Late last year, staff met with some very concerned residents and HOA members wherein there was a disagreement over the maintenance responsibility. After some discussions, the city offered to provide a one-time sediment removal and channel improvement effort with the understanding future maintenance will be routinely performed by the HOA to avoid the blockage. The settlement, release and temporary construction easement accomplishes this goal. If approved, city crews will begin the channel improvements on or after June 1, 2020 with completion accomplished by July 30, 2020. The Corona virus pandemic may necessitate a later deadline, but staff is currently committed to this time period. The HOA is also releasing the city from any liability incurred as a result of any improvements made and is acknowledging its duty to maintain the channels and cleaning of the pipes underneath 11t" Avenue. The new HOA management company is called Sentry Management and will ensure the HOA follows through with as-needed sediment removal. The estimated cost for the city work is approximately $10,000.00. Air- R. Joel Stern City Attorney Attachment 2 Sunrise Shadows — Drainage Issues FIGURE 1—Apparent Sediment Origin �. AZ Zip ►' 85120 r 1 Sub or Condo Name ` SIERRA ENTRADA GARDEN HO •� ' Zoom to 45 T ` y1i1h11L 1u11511y0 i FIGURE 2—Sediment clogged culverts at 111"Avenue at Sunrise Shadows (City Right of Way) FIGURE 3— Flooding at Lot 43 Sunrise Shadows PAO• ' r:2 11 1 SETTLEMENT, RELEASE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUNRISE SHADOWS HOMEOWNER'S ASSOCIATION RELATED TO STORM WATER DRAINAGE MAINTENANCE THIS SETTLEMENT, RELEASE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT("Agreement") is entered into this day of May, 2020 ("Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SUNRISE SHADOWS HOMEOWNERS ASSOCIATION ("HOA") (the City and HOA.collectively being referred to throughout as the "Parties" or individually as a"Party"). RECITALS A. HOA is the governing body of the.Sunrise Shadows subdivision as depicted in Exhibit A (the `.`Property"). HOA was formed after the developer of the property in 1999 sought and received approval of rezoning and a 48-lot final subdivision plat from City (the "Plat") recorded at Instrument No, 2000-015088, Official Records of the Pinal County Recorder.The HOA is governed by the Declaration of Homeowners Benefits and Covenants, Conditions, and Restrictions for Sunrise Shadows recorded at Instrument No. 2000-021265 in the Official Records of the Pinal County. Recorder (the "Declaration"). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Declaration. B. For purposes of this Agreement, "HOA shall only refer to the Association and not to the.individuals that are Members of the Association, as that term is defined in the Declaration, or to any other persons or entities. C. The Declaration at Article V and the dedication statement on the Plat at Exhibit A require the HOA to maintain tracts for drainage purposes (pertinent HOA tracts being depicted in Exhibit B). D. City owns right-of-way ("ROW") that has been dedicated to the public, also shown on Exhibit A. E. The Parties have agreed in this Agreement that City will provide one-time drainage tract maintenance service for HOA to clean and unimpede storm water flow through the subdivision. F. This Agreement sets forth the respective rights, duties and obligations, resolves all claims and,differences that may currently exist between the Parties, releases City from other claims or other matters that may not be specifically setforth hereinafter, and grants a temporary construction easement.to City to complete the one-time drainage maintenance service. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good. and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties voluntarily and knowingly agree as follows: 1. Consideration. Upon execution of this Agreement, and in consideration for each of the terms of this.Agreement, the Parties agree that the legal consideration is HOA's promise not to file any claim, lawsuit or other action against the City in relation to the matters set forth herein as described in Section 2, below, and grant of a temporary construction easement to the City as detailed herein, in exchange for the one-time drainage maintenance services described in Section 9. 2. Release and Covenant Not To Sue. For purposes of this Agreement, "Released Parties" means: current, past, or future agents, attorneys, insurers, council members, elected officials, employees, subsidiaries, or affiliated entities of City. HOA, by and for itself only, agrees to release and forever discharge City and the Released Parties from any and all claims,demands, damages, causes of action, property takings, or diminution of value arising out of or related in any manner to drainage failures and flooding in the Sunrise Shadows subdivision that previously existed or that exist as of the date of this Agreement. This release does not pertain to, release, or otherwise impact any past, present; or future claims of the individual Members of the. HOA against the City or the Released Parties that may exist, and shall only be interpreted to release past and presently existing claims of the Sunrise Shadows Homeowners Association. 3. Provision for Unknown Claims. HOA warrants that it does not have any claim,charge, or complaint, either formal or informal, pending against the City or any of the Released Parties with any court, tribunal, administrative agency, governmental agency,or other such body. 4. Diminished Value Waiver. HOA agrees, understands and acknowledges that City is entering into this Agreement in good faith, and further with the understanding that, if City acts consistently with the terms and conditions herein, City will not be subject to a claim for diminished value of the Property from HOA. HOA,and its successors and assigns, intend to allow encumbering the Property with the following: HOA agrees and consents to all the conditions imposed by this Agreement, and by signing this Agreement waives any and all past and presently existing (as of the date of this Agreement) claims, suits, damages, compensation and causes of action HOA may have now under the provisions of A.R.S. §§ 12-1134 through and including 12-1136. (but specifically excluding any provisions included therein relating to eminent domain) .and resulting from the actions of City and execution of this Agreement, any "land use law" permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. HOA acknowledges and agrees to the terms and conditions set forth in this Agreement, and to all actions of 2 City in furtherance hereof which cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement. 5. HOA Maintenance and Responsibilities. The HOA agrees and understands that pursuant to the subdivision statement of dedication on the Plat, it is required to perform all storm water maintenance (removal of sediment and vegetation that impedes water flow)for Tracts A, B,.C,and E,for open space and retention purposes and further agrees it will manage this responsibility by causing HOA dues to be reserved for such storm water drainage; maintenance costs. HOA further acknowledges the storm water pipes crossing under 10th and 11th Avenues connecting the respective drainage tracts are included in this maintenance responsibility and shall be cleared on an as-needed basis (but at least once a year), so that storm water may flow unimpeded through the subdivision. HOA further acknowledges that failure to maintain the impacted HOA tracts and pipes underneath the 10th and .11 th Avenue ROWS may. contribute to similar or more severe storm water inundation effect than that which is currently occurring in the subdivision. 6. Bar. The Parties understand and acknowledge that this release forever bars HOA from suing or otherwise asserting a claim against the City that arises out of or relates to the subject matter of this Agreement, on the basis of any event occurring on or before the Execution Date of this Agreement, whether the facts are now known or unknown,and whether the legal theory upon which such claim might be based is now known or unknown. 7. Denial of Liability. No provision of this Agreements hall be construed as an admission by either Party of improper conduct,negligence,omission or liability. 8. Indemnification. HOA agrees to indemnify, defend and hold. City and the other Released Parties harmless from and against any and all loss, costs, damages or expenses,including attorney fees without limitation,arising out of a breach of this Agreement by the HOA, or the fact that any representation made herein by the HOA was false when made or from any and all flooding claims or lawsuits by the HOA. .9. City and HOA Obligations. A) Drainage_Maintenance Service. City shall provide one-time drainage maintenance of HOA's Tracts identified on the Plat at Exhibit A as Tract B (but only the portion adjacent to Lot 39),Tract C (but only the portion adjacent to Lot 39), and Tracts E and G and shown on Plat in Exhibit A. This maintenance shall be conducted from June 1, 2020 through July 30, 2020 and once completed the temporary construction easement noted below in subsection (B) shall automatically terminate. B) Temporary Construction Easement. HOA agrees this Agreement includes its grant of an exclusive temporary construction easement to City in order for City to complete the one-time drainage maintenance services on, under, upon and 3 across Property as described in this Agreement, all of which City is authorized to perform in its sole discretion. C) Specifications of Drainage Maintenance. i) City will excavate sediment and remove it from the identified HOA Tracts in subsection (A) above, and any accumulated sediment under and through City's ROW in HOA's drainage pipes. ii)City will remove vegetation as needed between 11 th and 12th Avenue in the north-south portion of Tract B adjacent to 927 W. 11 th Avenue and, depending on available access,the west channel side small block wall at the south end of Tract E noted in Exhibit B (green circle noted on map),or in its discretion, may remove one of the trees north of 11th Avenue to allow for.equipment access. HOA will replace the wall and tree at its own expense as per the original.1999 plat landscape plan and zoning requirements. iii)A twenty(20)foot section of HOA concrete sidewalk in the small park north of 11th Avenue may have to be removed by City and if so, HOA agrees it will pay for the cost of this replacementand will cause it to be completed as per the original 1999 plat landscape plan and zoning requirements. iv) The grass area in the same park noted above will also likely have to be replaced and if so, HOA agrees to pay for any such.cost and will cause it to be completed as per the original 1999 plat landscape plan and zoning requirements.. v) The rocks on the channel bottom will be removed as part of the excavation process. vi)Trees and,shrubs will also likely have to be removed in the identified drainage tracts if deemed to impede the flow. vii) The channel south of 11 th Avenue (Tract B) is not accessible to heavy equipment. Consequently,as noted in subsections(ii)through (v)above, HOA acknowledges there will be rock, tree, landscaping area removal/disruption and HOA agrees it will pay for the cost of landscaping replacement and will cause such replacement to be completed as per the original 1999 plat landscape plan and zoning requirements. viii) The timing. for required replacement. of improvements by HOA noted above shall be within six (6) months after City service is completed and verified by City. 10. Construction. and Interpretation. This Agreement is the result of negotiations between the Parties, and the terms and provisions hereof shall be interpreted and construed in accordance with their usual and customary meanings. The captions or headings of sections or subsections of this Agreement are for 4 purposes of reference only and shall not limit or define the meaning of any provision of this Agreement. The provisions of this Agreement shall not be construed against any particular Party. 11. Mutual Understandings. This Agreement has been freely and fairly negotiated by the Parties hereto_and each Party has been provided the opportunity to have the Agreement reviewed by legal counsel of their choice and own expense and to modify the terms hereof and, therefore, this Agreement shall be construed and interpreted without any presumption, or.other rule, requiring construction or interpretation against the interest of the party causing this.Agreement to be drafted. The Parties further understand and agree that there are no guarantees or warranties as to reduction of flooding as a result of the one-time drainage maintenance service provided by City. 12. Complete Agreement. This Agreement sets forth the entire Agreement between the Parties. 13. Applicable Law and Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law:providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all.costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 14. Severability. City and HOA 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 any applicable laws,the Parties further shall perform all I acts and execute, I acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 5 15. Time is of the Essence.Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement 16. Recordation. The Parties agree that City shall record this Agreement with the Pinal County Recorder's Office at its own expense on all affected parcels and tracts in the subdivision. 17. Conflict of Interest. The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 18. Entire Agreement. This Agreement and any attachments represent the entire agreement between City and HOA and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. Waiver of Terms and Conditions. The failure of City or HOA to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first above written. HOA: Sunrise Shadows Homeowners Association l� Fa n Fajen Date President CITY: City of Apache Junction, an Arizona municipal corporation Bryant Powell Date City Manager 6 APPROVED AS TO FORM: 4V *20,26 Richard J. Stern City Attorney 7 EXHIBIT A CHPV 0003 spb 12/27/99 10:39:53 spb S:\SVY\CHPV0003\ChO3plt l .dwg I R O N W 00 D N o0•03'00"w D R I V E - 2640.92 r 4 pq =4 4 2 o m I N I119 I rJ��l7�� At,�I, lJ��A7 co = o p �> > > u, o I Aft, "A", Pa. 113, PXIA. 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'+PizoN* File ID: 20-216 Sponsor: Raquel Schatz Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion and possible consideration of approval of an Intergovernmental Agreement with Arizona Department of Transportation (ADOT)for the design and construction of sidewalk improvements on Old West Highway from Idaho Road to Goldfield Road and on Winchester Road from 6th Avenue to Old West Highway. The total cost of this project is $1,967,401.00 with federal funds to pay for$1,826,970.00 and city funds to pay for $140,431.00. City of Apache Junction,Arizona Page 1 Printed on 611512026 Public Works Department I; Home of the Superstition Mountains �11 lC•' � iiii MEMORANDUM Date: April 8, 2020 To: Mayor and Members of City Council Through Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Old West Highway Pedestrian Improvement Project REQUEST The City has pursued a utilization of the federal-aid funds for sidewalks on Old West Highway between Idaho and Goldfield Roads and on Winchester Road between Old West Highway and the 6th Avenue alignment. BACKGROUND The city applied for construction funds through MAG's Active Transportation Committee in 2017 for construction to occur in 2021. Upon award in 2017 the project then became elgible to apply for MAG close out funds for December in October of 2019. However the Intergovernmental Agreement needs to be executed between ADOT and the City and the City's funding needs to be paid prior to June 1st, 2020. DISCUSSION ADOT Project Management & Design Review (PMDR) (FY21) City's Match: $ 30,000 Scoping/Design (FY20) Federal-aid Funds $ 365,413 City's Match: $ 22,087 Subtotal — Scoping/Design $ 417,500 Construction (FY22) Federal-aid Funds: $1,461,557 City's Match: $ 88,344 Subtotal — Construction $1,549,901 Total (Design and Construction) Federal Funds (CMAQ) $1,826,970 Total Estimated City Funds $ 140,431 Total Estimated Project Costs $1,967,401 575 E. Baseline Avenue, Apache Junction, AZ 851 19 • Voice (480) 982-1055 • FAX (480) 982-8005 Public Works Department 4 01141409e4 &&A%� Home of the Superstition Mountains 5. f� RECOMMENDATION The Public Works Department is requesting City Council approval of the new Joint Project Agreement (JPA) / Intergovernmental Agreement (IGA) with ADOT which will provide both design services and construction funding for the Old West Highway Sidewalk Improvement Project. ACTION REQUIRED Review, discussion, and consideration of the proposed IGA at the May 4t", 2020 Working Session with consideration at the May 19t", 2020 Regular Session. Attachment: IGA & Exhibit A 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 20-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE OLD WEST HIGHWAY AND PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") for a sidewalk improvement project on Old West Highway between Idaho and Goldfield Roads and Winchester Road between Old West Highway and the 6th Avenue Alignment (the "Project") ; and WHEREAS, the City acquired federal-aid funds to construct the Project; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written agreement in the form of an IGA which formalizes the arrangement; and WHEREAS, the attached written agreement ("IGA/JPA 20- 0007697-I") sets forth the financial and administrative conditions for the project; and WHEREAS, federal-aid funds will contribute $1, 826, 970 and the City $140, 431 towards design and construction for the project; and RESOLUTION NO. 20-18 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the attached form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-18 PAGE 2 OF 2 ADOT CAR No.: IGA 20-0007697-I AG Contract No.: P001 00xxxx Project Location/Name: Old West Hwy, Idaho Rd to Goldfield Rd Type of Work:Pedestrian Improvements Federal-aid No.:APJ-0(217)T ADOTProjectNo.: T0242 01D/03D/01C TIP/STIP No.:APJ20-803D,APJ22-804C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date______ pursuant to the Arizona Revised Statutes ("A.R.S.")§§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA,acting by and through its DEPARTMENT OF TRANSPORTATION(the"State"or "ADOT") and the CITY OF APACHE JUNCTION,acting by and through its MAYOR and CITY COUNCIL(the "City").The State and the City are collectively referred to as"Parties." I. RECITALS 1. The State is empowered by A.R.S.§ 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by A.R.S. §48-572 to enter into this Agreement and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of the installation of sidewalks and curb &gutter along Old West Highway from Winchester Road to Goldfield Drive,and Winchester Road from Old West Highway south to the 6th Street alignment, (the"Project").The State will administer the design, and advertise,bid, award and administer the construction phase of the Project. 4. The interest of the State in this Project is the acquisition of federal funds forthe use and benefit of the City and authorization of such federal funds forthe Projectpursuant to federal law and regulations. The State shall be the designated agent for the City for the Project,if the Project is approved by Federal Highway Administration (FHWA)and funds for the Projectare available. Page 1of9 IGA 20-0007697-I THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Projectwill be performed, completed,accepted and paid for in accordance withthe requirements of the Project plans and specifications. b. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and in such case,the City is responsible for,and agrees to pay,any and all actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Proj ect by the State. The City acknowledges it remains responsible for,and agrees to pay according to the terms of this Agreement, any and all actual costs exceeding the final bid amount. c. The City and ADOT will each separately file a Notice of Intent (NOI) under the Construction General Permit(CGP)with the Arizona Department of Environmental Quality (ADEQ)before construction begins, if applicable to the Project. 2. The State will: a. Execute this Agreement, and if the Project is approved by FHWA and funds for the Projectare available,be the City designated agent for the Project. b. After this Agreement is executed,and prior to performing or authorizing any work, invoice the City forthe initial Project Development Administration (PDA)costs, estimated at $30,000.00 and the initial design costs,estimated at$22,087.00. If PDA and/or design costs exceed the initial estimates during the development of design, notify the City,obtain concurrence prior to continuing and invoice as determined by ADOT and the City for additional costs to complete development of the Project.After the Project development costs are finalized invoice or reimburse the City forthe difference between actual development costs and the amount the City has already paid for development. c. After receipt of the PDA costs and the City estimated share of the Project design costs, on behalf of the City,prepare and provide all documents pertaining to the design and post-design of the Project,incorporating comments from the City,as appropriate. Review and approve documents required by FHWAto qualify the Project for and to receive federal funds. Perform tasks that may consist of,but are not limited to, preparation of environmental documents; analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right-of-way activities related to ADOT Oversight and Stewardship Agreement with FHWA;preparation of reports, design plans, maps, specifications and cost estimates and other related tasks essential to the development of the Project. Page 2of9 IGA 20-0007697-I d. Submit all required documentation pertaining to the Projectto FHWAwith the recommendation that the maximum federal funds programmed for this Project be approved for scoping/design. After receipt of FHWA authorization, proceed to advertise for and enter into contract(s)with the consultant(s) for the design and post design of the Project.Should costs exceed the maximum funds available,it is understood and agreed that the City will be responsible for any overage. e. After completion of design and prior to bid advertisement, invoice the City for the actual PDA costs,as applicable, and the City's share of the Project construction costs,estimated at$88,344.00. After the Project costs for construction are finalized,the State will either invoice or reimburse the City for the difference between estimated and actual costs.De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. f. After receipt of the actual PDA and design costs,if applicable,and the City's estimated share of the Project construction costs, submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved.Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. g. After receipt of FHWA authorization,proceed to advertise for,receive and open bids award and enter into a contract with the firm forthe construction of the Project.If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract.After the Project is awarded, invoice the City forthe difference between estimated and actual costs, if applicable. h. Notify the City of substantial completion and final acceptance of the Project.At such time, file a Notice of Termination (NOT)with ADEQ transferring CGP responsibilities to the City,and provide a copy to the City indicating that the State's maintenance responsibility of the Project is terminated, as applicable. i. Notify the City of substantial completion and final acceptance of the Project;coordinate with the City and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project,should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The City will: a. Designate the State as the City's authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs, estimated at $30,000.00 and the initial design costs,estimated at$22,087.00. c. Agree to be responsible for actual PDA costs,if during the development of design, PDA costs exceed the initial estimate. Be responsible and pay for the difference between the estimated and actual PDA and design costs of the Projectwithin 30 days of receipt of an invoice. Page 3of9 IGA 20-0007697-I d. Review design plans, specifications,cost estimates and other such documents required for the construction bidding and construction of the Project,including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. e. After completion of design, within 30 days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, any outstanding PDA costs and design costs and the City's share of the Project construction costs,estimated at$88,344.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project,within 30 days of receipt of an invoice. f. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, that are not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. g. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature,either above or below the surface of the Project area, shall be removed from the proposed right-of-way,or will be removed prior to the start of construction,in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies;49 CFR 24.4 Assurances, Monitoring and Corrective Action,parts (a) &(b)and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City,if applicable. h. Certify that the City has adequate resources to discharge the City's real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201). i. Not permit or allow any encroachments on or private use of the right-of-way,except those authorized by permit. In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use. j. Automatically grant to the State, by execution of this Agreement, its agents and/or contractors,without cost,the temporary right to enter City rights-of-way,as required, to conduct any and all construction and preconstruction related activities for the Project, on,to and over said City rights-of-way.This temporary right will expire with completion of the Project. k. Investigate and document utilities within the Projectlimits; submit findings to ADOT determining prior rights or no prior rights; approve an easement within the final right- of-way to re-establish the prior right location for those utilities with prior rights. Page 4of9 IGA 20-0007697-I 1. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Projectcosts. Be responsible forthe costof any City requested changes to the scope of work of the Project,such changes will require State and FHWA approval. Be responsible for any contractor claims foradditional compensation caused by Project delay attributable to the City.Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. m. After notification of final acceptance by the State,assume and maintain full responsibility of the Project,including Storm Water Pollution Prevention Plans (SWPPP) inspections, maintenance, and required documentation,until final stabilization is reached. Provide the NOI number to the State and the Contractor,accept CGP responsibilities at time of transfer, and file an NOT withADEQ when final stabilization is reached,as applicable. n. After completion and final acceptance of the Project,agree to maintain and assume full responsibility of the Projectand all Project components. o. Pursuant to 23 USC 102(b),repay all federal funds reimbursements forpreliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within 10 years after federal funds were first made available. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. Any change or modification to the Projectwill only occur with the mutual written consent of both Parties. 3. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Projectand all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual, unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract,so long as the cancelling Party provides at least 30 days'prior written notice to the other Party.It is understood and agreed that,in the event the City terminates this Agreement, the City shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 5. The City shall indemnify,defend,and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the "State") from any and all claims,demands, suits, actions,proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the"Claims"),which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by,arising out of,or contributed to, by reasons of any alleged act,omission, professional error,fault,mistake, or negligence of Page 5of9 IGA 20-0007697-I the City,its employees, officers,directors,agents, representatives, or contractors,their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The City's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the City which may be legally imputed to the State by virtue of the State's ownership or possession of land.The City's obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction,incorporated into this Agreement by reference,in the State's contract with any and all contractors,of which the City shall be specifically named as a third-party beneficiary.This provision may not be amended without the approval of the City. 7. The cost of scoping, design, construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project,up to the maximum available. The City acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds. Therefore,the City agrees to pay the difference between actual costs of the Projectand the federal funds received. 8. Should the federal funding related to this Projectbe terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority,the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA,as applicable. 10. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the"Act").Additionally,in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act,as may be applicable. 11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The City acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS,TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds,federal grants, or federal awards) are required to comply by having an independent audit in accordancewith§200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. ADOT- FMS Attn: Cost Accounting Administrator 206 S 17th Ave.Mail Drop 204B Phoenix,AZ 85007 SingleAudit@azdotgov Page 6of9 IGA 20-0007697-I 13. This Agreement shall be governed by and construed in accordance with Arizona laws. 14. This Agreement may be cancelled in accordance with A.R.S. §38-511. 15. The City shall retain all books,accounts,reports,files and other records relating to the Agreement for five years after completion of the Project.These documents shall be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the City at the request of ADO T. 16. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding"Non-Discrimination." 17. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available.No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 18. In the event of any controversy,which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. §12-1518. 19. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 20. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §35-393.01. 21. The Parties shall comply with all applicable laws,rules, regulations and ordinances, as may be amended. 22. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically,in person, or sent by mail,addressed as follows: For Agreement Administration: Arizona Department of Transportation City of Apache Junction Joint Project Agreement Section Attn: Raquel C. Schatz 205 S. 17th Avenue,Mail Drop 637E 575 E.Baseline Avenue Phoenix,AZ 85007 Apache Junction,AZ 85119 JPABranch@azdot.gov 480.474.8549 RSchatz@ajcity.net For Project Administration: Arizona Department of Transportation City of Apache Junction Transportation Planning and Implementatior Attn: Raquel C. Schatz 205 S. 17th Avenue 575 E.Baseline Avenue Apache Junction,AZ 85119 Page 7of9 IGA 20-0007697-I Phoenix,AZ 85007 480.474.8549 602.712.6685 RSchatz@ajci , .net For Financial Administration: Arizona Department of Transportation AttCity: Raquel C. Junction Transportation Planning and Implementatior 575 Raquel C. Schatz 205 S. 17th Avenue 575 E.Baseline Avenue Apache Junction,AZ 85119 Phoenix,AZ 85007 480.474.8549 602.712.6685 RSchatz@ajcity.net .net 23. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 24. In accordancewith A.R.S. § 11-952 (D),attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By------------------------------ By------------------------------ JEFF SERDY STEVE BOSCHEN,PE Mayor Division Director ATTEST: By------------------------------ JENNIFER PENA City Clerk Page 8of9 IGA 20-0007697-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION,andthe CITY OF APACHE JUNCTION,an agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes §§11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. ----------------------------------------------------- --------------------------------- City Attorney Date Page 9of9 EXHIBIT A IGA 20-0007697-I Cost Estimate T0242 01D/01C The federal funds will be used for the scoping/design and construction of the Project,including the construction engineering (CE)and administration cost.The estimated Project costs are as follows: T0242 01D(ADOT ProjectDevelopmentAdministration(PDA)Cost,non-federal-aid): PDAcosts $ 30,000.00 T0242 01D(scoping/design): Federal-aid funds @ 94.3% $ 365,413.00 City's match @ 5.7% $ 22,087.00 Subtotal-Scoping/Design/PDA $ 417,500.00 T0242 01C(construction) Federal-aid funds @ 94.3% $ 1,461,557.00 City's match @ 5.7% $ 88,344.00 Subtotal-Construction* $ 1,549,901.00 Estimated TOTAL ProjectCost $ 1,967,401.00 Total Estimated City Funds $ 140,431.00 Total Federal Funds $ 1,826,970.00 * (Includes 15%CE (this percentage is subject to change, any change will require concurrence from the City) and 5% Project contingencies) Page 1of1 Direction to Staff: 20-XXX Resolution 20- 18 : An Intergovernmental Agreement with Arizona Department of Transportation for Sidewalk Improvements on Old West Highway and Winchester Road . Department of Public Works May 19, 2020 By: Raquel Schatz Background • 2017 MAG Awarded $1,549,901 for Construction in 2022 • Active Transportation Committee-CMAQ • 2019 MAG awarded 5417,5( for full Design • Closeout Funds- CMAQ Schedule • Design anticipated to begin fall 2020 • Duration: 18-24 months (ADOT process) • Construction anticipated to begin 2022 Resolution 20-18: Old West Highway Sidewalk Improvements 2 Improvements s � Sidewalk Imorovement Project • Old West Highway • Idaho Road to Goldfield Road • Winchester Road •' Old West Highway to 6th Avenue (alignment) Resolution 20-18: Old West Highway Sidewalk Improvements 3 Improvements — Old • � dk: , � I dl �T f �, �. .'• .`�y � ` • 'S$ � Wyk _d - f 1 .ID. Existing Sidewalks , y , • Sidewalks Old West Highway: Sidewalk Connections from Winchester Road to Goldfield Road. Connect to existing � +T meandering sidewalks. Meander new sidewalks where spacing and grades perm A. Meandering -- Kinn 300' Existinginwa 40' 60' 40' 2 Lanes w/5'eicytle Lane Metlian 2 Lanes w/5'eicytle Lane Proposed Sidewalks DetachedandMeandering Detached/Meandering Attached OR Sidewalk Sidewalk Attached by Resolution 1 i • West Highway Sidewalk • • Improvements — Winchester Road Old West Highway to 6t" Avenue • 2011 CAC developed their campus, off site improvements included sidewalk, curb & gutter, and street lights along Winchester Road. • City entered into a Development Agreement with CAC to reconstruct Winchester Road from 16t" Avenue to Old West Highway at a 60 (City):40 (CAC) split. i a • CAC did not construct the sidewalks, waiting until they build additional buildings on their property adjacent to z: the street. • Construction of sidewalk in this area will fill gap and have continuous sidewalks on both sides of Winchester Road from Southern Avenue to Old West Highway. Resolution 20-18: Old West Highway Sidewalk Improvements 5 Cost Share ADOT PM & Design Review City's Match: $ 30,000 , Design Federal-aid Funds: $ 365,413 City's Match: 22,087 Subtotal — Design $417,500 Construction Federal-aid Funds: $ 1,461,557 City's Match: $ 88,344 Subtotal — Construction $1,549,901 Construction Federal Funds (CMAQ) $ 1,826,970 Total Estimated City Funds $ 140,431 Total Estimated Project Costs $ 1,967,401 Resolution 20-18: Old West Highway Sidewalk Improvements 6 Staff Recommendation 20-XXX The Public Works Department recommends APPROVAL Timing is extremely crucial as execution and payment needs to be done prior to June 1st, 2020. Thank You Resolution 20-18: Old West Highway Sidewalk Improvements 7 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 12. 'Piz File ID: 20-218 Sponsor: Larry Kirch Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion, and consideration of approval on proposed changes to the agreement template for awarded Health and Human Services funding. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHf✓G�0 �. �yz City of Apache Junction '�R/ZONP Development Services Department - DATE: April 22, 2020 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director Heather Patel, Program and Resource Manager FROM: Heather Patel, Program and Resource Manager Health and Human Services Commission SUBJECT: Agreement for Health and Human Services REQUEST Presentation, discussion, and consideration on proposed changes to the fiscal year 2020-2021 Agreement for Health and Human Services. BACKGROUND The city created a Health and Human Services Commission to assist with allocating funds and executing an agreement between non-profit agencies and the city to address health and human service needs. Ordinance 659 adopted in November 1988 outlines the reporting requirements, documentation, and procedures for such funds. Section 1, subsection 3, indicates all city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents. DISCUSSION In preparation for funding recommendations to the city council for fiscal year 2020-2021, the commission reviewed the standard agreement and proposes the following changes: 1. Date changes for the appropriate fiscal year throughout the document. 2. Insert a detailed description of the scope of work including what the agency will provide and what the city will require. 3. Removal of sections which indicate only service can be provided to city residents with extensive requirements for proof of residency. 4. Adding clarification of the dates for filing reports. 5. Remove requirements for reporting from mail to e-mail submittals. While also clarifying what will need to be submitted with the reports customized to the agency and project. 6. Clarified payment will be received upon the completion of quarterly reports demonstrating work was completed. Funding is reimbursable and therefore no refund will be required. Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 7. Require representation at the Apache Junction Community Resource Center, Health and Wellness Expo, and Project Connect events. 8. Updating the city contact person information. 9. Minor grammatical corrections. 10. Although subcontractors may not be used, the city may pay partial payment only on work performed as outlined under Section I.H. Staff presented the recommendations set forth by the commission on March 16, 2020. During this presentation a few items were identified by the council for consideration. • A question was asked about payments. The city ordinance indicates the following: "All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council". Therefore, under the current ordinance,the executed agreement may outline under which quarters funds will be expended. It is not a requirement for all payments to be equally dispersed through the quarters. • Can there be a clause in the agreement which allows for site visits. The following clause is proposed: "Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or staff during the contract period. The commission will be reviewing and discussion the funding requests in May with recommendations brought forth to the city council in June. All agreements are intended to be executed by July 1, 2020. RECOMMENDATION Staff respectfully recommends the city council receive a presentation, discuss the proposed changes, and approve the agreement with any identified revisions. ATTACHMENTS Attachment 1: Agreement redlined with proposed changes. Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and , a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On , the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents INSERT BASIC DESCRIPTION OF SCOPE OF WORK. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2020- 2021 to City on or before January 30, 2020. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means 2 shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$ for fiscal year 2020-2021 for SOW performance. B. Compensation shall be as follows . No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory 3 evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Heather Patel, Program and Resource Manager City of Apache Junction 4 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction, AZ 85120 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and 5 they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider'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 Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms 6 and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 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 Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: a 501(c)3 non- profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Detailed scope of work 11 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) J§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 12 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 13 Exhibit C Reporting requirements 14 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and , a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On , the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents INSERT SCOPE OF WORK. A detailed scope of work is included under Exhibit A. Local PPP'--, agency with B. Provide such programs and activities to e4y residents of the 0;-a physical only as dooUmented by Ser\eleeQ DrwirJor presence. 2. •. of C. Require dOGUmentation of City residenGy in the form of a vallid State Gf- project Arezona drover's IiGense or valid State of Arizona non-operater budget? rurrent utility> bill, showing an in-Gity address; reGeipt showing an in-Gity address; State of Arizona valid voter spentfor registration or military idea ifin-ation uehioh establish proof of staff • residency within the City. Use or acreptanGe of any other form of- agency. Clerk (hereafter the u ff be OnGluded on all quarterly reports filed with the City Clerk as in Seo+ion E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2020- 202' to City on or before January 30, 2020. C Cile 1A all doi.,-mon+e+ion for d•b quay-der ne I-aver th-an fen (10) City working days following the end quarter. City offiees are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offiGes are nlosed Fridays, and nd legal holidays. City funded Serviees to •. - • addresses Ieebioh shall he verified by comparing the residential- addresses • cc " at https:/Iqos.a-c;otv.net/portal/horne/. • Post off9c;e box addresses nor business addresses shall not meet the 2 reporting requirements eats of this seGtion. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 F. Advise City in its report of the identifiGation utilized (driver's IiGense, utility bill, etG.)j submit to City typed or-word pr-OGesser-quality reper-tsi maintain a separate lost of City residents assisted by the Program to inel rle their name and- residential address; designate one primary and one seGondary person as Goordinators for the reGord keeping and ary dica�_ h�se�entof f�?i asjig and ene oer--end err �we�hell�mernTto-eemnlianGe review reports and verify City residenGy. SuGh persons shall be responsible for submitting aGGurate reports to the- City Clerk; provide the City Clerk,, On writing,with the names, street addresses, email and telephone numbers of the primary and 1. Must have GontaGt persons immediately upon the signing of this agreeme- a relationship agency.City Clerk with written notification of any changes in the primar� with residency,en-endary per-sen(s) within five (5) Gity working days fellewinu-. 2. 3 change. mention of Submit to City typed or computer generated quality reports; designate requirement. one primary and one secondary person as coordinators for the record 3. Electronic keeping and disbursement of funds; assign one primary and one submittal OK. secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. G. All reports shall he delivered in person or sent via firstlass mail Reports sent by fax, email or other electroner. means shall not be- `�Gepted.Th Clerk will nreSGri�hethe�fnormAtt in Wh -Rpi.�h reports shall be prepared and submitted. Any reports not prepared in ae+eerdanee with this see+ien sh-All he deemed reiee+ed and shall 1 Electronic1. submittal OK. 2. What are All reports shall be sent by an approved electronic method either by they email or another form as identified by the commission, no other means reporting • shall be accepted. The Commission staff liaison will prescribe the form 3 in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. H. Any funds reGeived from rity not disbursed by Servires Provider shall be of A.i.C.C. Vol. 1, Chapter 2; Mayor, Counc;ol and Appointed B Allf 1. All Gem M i ss.-+o►3s tisa a 2-44: s e sta n se or th is- payments agreement h 11 be r-ehmibursed to Gfty.-- done after SOW is Funds are distributed on a reimbursable quarterly basis after the complete. submittal of a quarterly report which outlines expenditures and activiti completed as stipulated in the SOW and as confirmed by the City. Any reimburseme funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, nt to the city Chapter 2: Mayor, Council and Appointed Boards and Commissions, would .- Article 2-14: Requests for Financial Assistance or this agreement shall required. be reimbursed to City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. io Maintain a listing with the community information and referral service that s pperts Dinal Gee my and the ApaGhe junctior+ ire» rl--ring the term of this agreement, and provide proof of such listing-m uaftef4,-1 — subrnottal-. 1. Need more partnerships. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the teLl of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 4 M. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$ for fiscal year 2020-202, for SOW performance. B. Compensation shall be in quarterly payments of$ . No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and 5 skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Kathleen Connelly, City Clerk City of Apan-he Junr--tlen 300 E. Superstition Boulevard Apache lURGt*eR r AZ 851 19 Heather Patel, Program and Resource Manager City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction, AZ 85120 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. SUBCONTRACTORS: cor.,.,.o orn-Wrler Shall not he nernpensated for proportional work performed..Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, 6 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider'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 Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with 8 respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 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 Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely 9 filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: a 501(c)3 non- profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk 10 APPROVED AS TO FORM: RICHARD J. STERN City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 12 Exhibit A Detailed scope of work 13 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) J§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 14 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 15 Exhibit C Reporting requirements 16 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 13. �Piz oN* File ID: 20-208 Sponsor: Matt Busby Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Selection of dates, times and location for budget review/work session, public hearing and adoption of tentative and final budget for Fiscal Year 2020-2021. City of Apache Junction,Arizona Page 1 Printed on 611512026 o� PQ�.CHE✓G�o _ _ Z FY 2020 / 2021 w .' BUDGET CALENDAR gRIzo Date Action Required (Subject to Change) January 13, 2020 Distribute budget calendar to Department Directors January 31, 2020 Final submission of staffing changes (e.g. retirements, recruitments, reductions, additions, other known modifications)to Finance & HR. Submit goals &objectives to Finance. February 6, 2020 Budget workbooks to departments. February 20, 2020 Final date for submission of completed department budgets to Finance. February 24 thru March 12, 2020 Review department budget requests. Schedule follow-up meetings with departments and budget committee. March 10, 2020 Prepare preliminary FY 2020/21 revenue estimates; update monthly. April 23, 2020 Submit proposed budget to City Manager for review and recommendations. Meet with departments, if necessary. April 27, 2020 Budget narratives due to Finance. April 30, 2020 Submit budget to City Council and Departments. May 4 or 5, 2020 City Council to set time and dates for: Budget Work Sessions: June 1, 2020 thru June 18, 2020 Adopt Tentative Budget: Recommend June 15 or 16, 2020 Adopt Final Budget: Recommend July 6 or 7, 2020 May 11 thru 14, 2020 One on ones with City Council members. May 27, 2020 Resolution &Tentative Budget for Clerk/Attorney review. June 1 or 2, 2020* Public budget work sessions with City Council and Departments. Initial roll-out of budget to the Public. June 15 or 16, 2020* Public hearing and adoption of FY 2020/21 Tentative Budget by City Council. (Last date to meet legal requirements:July 20, 2020. Must be done on or before the third Monday in July(A.R.S. §42-17101)). June 17, 2020 Resolution & Final Budget for Clerk/Attorney review. June 17, 2020 First publication of FY 2020/21 Tentative Budget. (Must be published once a week for at least two consecutive weeks(A.R.S. §42-17103)). June 24, 2020 Second publication of FY 2020/21 Tentative Budget. (Must be published once a week for at least two consecutive weeks(A.R.S. §42-17103)). July 6 or 7, 2020* Adoption of FY 2020/21 Final Budget(A.R.S. §42-17105). *Request Department Directors be present(possibly remote) City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 14. Piz File ID: 20-237 Sponsor: Bryant Powell Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, June 1, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, June 2, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026 re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` s Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, May 19,2020 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. 20-233 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-210 Consideration of approval of minutes of the regular meeting of April 21, 2020. Sponsors: Jennifer Pena Attachments: 04.21.20 Minutes 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. 3. 20-221 Presentation of proclamation recognizing May 2020 as Motorcycle Safety and Awareness Month. Attachments: Proclamation 4. 20-151 Presentation of proclamation recognizing May 2020 as Building Safety Month. Sponsors: Dave Zellner and Larry Kirch Attachments: Proclamation- Building Safety Month City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda May 19,2020 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. 5. 20-235 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. 20-236 City Manager's Report. Sponsors: Bryant Powell 7. 20-217 Presentation and discussion on human service efforts being offered through the City of Apache Junction. Sponsors: Larry Kirch and Gail Evans Attachments: Memo to Council Revenue and Community Development Division 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. City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda May 19,2020 8. 20-215 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1490, case PZ-3-20, a request by the Richard Lauver and Ariel Lauver Trust, represented by Dane Astle of Edifice Architecture, of a proposed rezoning of approximately 4.5 acres located near the northeast corner of Superstition Boulevard and Main Drive from RS-GR (General Rural Low Density Single-Family Detached Residential)to RM-1/PD (High Density Multiple-Family Residential) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a 52-unit leased residential community. Sponsors: Sidney Urias Attachments: Memo to Council Memo to P&Z 1. Ord. No. 1490 2. PZ-3-20 Application 3.Aerial Map 4. Project Narrative 5. Prelim Landscape Plan 6. Proposed Elevations 7. Proposed Floor Plans 8. Proposed Wall and Monument Plan 9. 20-220 Presentation, discussion, public hearing and consideration of a request for a continuance of case PZ-1-20, Old West Highway Village located on the south side of Old West Highway, east of Royal Palm Road and west of Weeks Wash, site of a former golf driving range. Sponsors: Sidney Urias Attachments: Memo to Council 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 May 19,2020 10. 20-193 Presentation, discussion and consideration of settlement, release and temporary construction easement agreement between City of Apache Junction and Sunrise Shadows Homeowner's Association related to storm water drainage maintenance. Sponsors: Joel Stern and Emile Schmid Attachments: Memo to Council Sunrise Shadows 05052020 11. 20-216 Presentation, discussion and possible consideration of approval of an Intergovernmental Agreement with Arizona Department of Transportation (ADOT)for the design and construction of sidewalk improvements on Old West Highway from Idaho Road to Goldfield Road and on Winchester Road from 6th Avenue to Old West Highway. The total cost of this project is$1,967,401.00 with federal funds to pay for$1,826,970.00 and city funds to pay for$140,431.00. Sponsors: Raquel Schatz Attachments: Memo to Council Resolution 20-18 Intergovernmental Agreement Presentation 12. 20-218 Presentation, discussion, and consideration of approval on proposed changes to the agreement template for awarded Health and Human Services funding. Sponsors: Larry Kirch Attachments: Memo to Council HHSC proposed agreement changes CLEAN HHSC proposed agreement changes REDLINED 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 13. 20-208 Selection of dates, times and location for budget review/work session, public hearing and adoption of tentative and final budget for Fiscal Year 2020-2021. Sponsors: Matt Busby Attachments: Budget Calendar City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda May 19,2020 14. 20-237 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, June 1, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, June 2, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and 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.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker,-2)ask the city manager to review a matter,- 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 20-233 Sponsor: Jennifer Pena Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 20-210 Sponsor: Jennifer Pena Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of April 21, 2020. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona Meeting location: 01 City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd '+Q120N* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday,April 21,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Mayor Serdy led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Due to the COVID-19 pandemic, councilmembers were encouraged to call in to the meeting. Mayor Serdy attended in person in order to better run the meeting. Concilmember Schroeder attended in person. Vice Mayor Wilson called into the meeting. Councilmember Rizzi called into the meeting. Councilmember Struble called into the meeting. Councilmember Barker called into the meeting. Councilmember Evans called into the meeting. Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Chief of Police Kent Fowler, Police Officer Larry Kirch, Development Services Director Heather Patel, Program and Resource Manager Rudy Esquivias, Planning Manager Staff in Attendance via Conference Line: Shane Kiesow, Public Works Manager City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes April 21,2020 Jill Bright, Deputy City Clerk D. CONSENT AGENDA Councilmember Barker moved,seconded by Vice Mayor Wilson to approve the consent agenda, to approve the regular minutes of April 7,2020, Resolution No.20-16,to approve Resolution No. 20-17 and to approve Resolution No.20-19. 1. 20-196 Consideration of acceptance of agenda. 2. 20-197 Consideration of approval of minutes of the regular meeting of April 7, 2020. 3. 20-194 Consideration of approval of Resolution No. 20-16; authorizing the City to enter into an intergovernmental agreement for Roadway Safety Program with Maricopa Association of Governments. The authorization allows for grant monies to be used by the City on a channelizing right turn safety improvement for Junction Street at Tomahawk Road. 4. 20-195 Consideration of approval of Resolution No. 20-17; authorizing the City to enter into an intergovernmental agreement for Roadway Safety Program with Maricopa Association of Governments. The authorization allows for grant monies to be used by the City on safety improvements to eighteen (18)traffic signal facilities. 5. 20-207 Consideration of approval of Resolution No. 20-19; appointing the Finance Director, Donna Meinerts, as City's applicant agent for requesting State and Federal disaster recovery assistance for City's emergency response to the COVID-19 Pandemic. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. ANNOUNCEMENT OF CURRENT EVENTS 6. 20-198 Announcement of current events from mayor and councilmembers. Councilmember Struble would like to remind residents to complete the Census 2020 as this is very important to our community. Showers and food were available on Easter Sunday at the Salvation Army for the homeless. It was done safely and a good way for the community to come together for those in need. It will be held again this Sunday at the Salvation Army at 10:00am. Councilmember Evans does not have anything. Vice Mayor Wilson does not have anything. Councilmember Barker does not have anything but thanks all of those who are out there serving still. Councilmember Schroeder does not have anything. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes April 21,2020 Councilmember Rizzi does not have anything. Mayor Serdy stated that the National Forests will now be under fire restrictions. Phoenix Mesa Gateway Airport received a 20 million dollar grant that they will just sit on and use to pay employees for now. He also wanted to remind residents to use local restaurants for carry out and delivery. G. CITY MANAGER'S REPORT 7. 20-199 City Manager's Report. City Manager Bryant Powell shared that development is still occurring in the city during this time. Superstition Vistas subdivision continues to move forward. Lennar is still moving forward. Filiberto's recently began demolition. Dutch Bros is almost completed and we are very excited to have a new Vietnamese restaurant in the community. Dino's Deli is also moving within the city. Permits are continuing to get pulled which is a good thing. Mr. Powell thanked residents who volunteered their time to deliver RAD bins for their fellow residents who were unable to deliver their own bins in order to avoid the $50 fee RAD was assessing. H. PUBLIC HEARINGS 8. 20-182 Consideration of application for an owner transfer, individual, series 6 liquor license application for Superstition Skies Bar and Restaurant located at 945 E. Scenic Street. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Rizzi moved,seconded by Vice Mayor Wilson that the application for an owner transfer, individual,series 6 liquor license for Superstition Skies Restaurant, located at 945 E. Scenic Street be recommended for approval conditional upon the diagram currently showing the east side patio is removed with a new diagram showing there is no east side patio. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena explained that city staff recommends approval upon conditions that a block wall with rod wiring railing be completed that was supposed to be done in 2007 due to noise complaints from neighbors. The applicant is present to answer questions. Councilmember Evans asked that Rudy Esquives present a timeline of events. Mr Esquivias stated that staff has continually received noise complaints from neighbors and has noticed that the block wall was never put up as agreed to in 2007. Councilmember Evans stated that this property has been sold many times since 2007. The original owner has sold and bought it many times and she has never put up the wall as promised. Councilmember Evans stated that the liquor license application has been filled out incorrectly and this application needs to be continued in order for the applicant to build the wall and come into compliance and fix the application. She stated that if council approves this with conditions that the liquor board will just approve it and not enforce the conditions. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes April 21,2020 Mayor Serdy stated that the applicant probably needs approval of this license in order to get up and running to earn money and build the wall. Councilmember Barker stated that the person now applying for the liquor license is the original owner from 2013 and should have to make good on her promise from 2007 of building the wall. Councilmember Rizzi stated that she can't see holding up the liquor license just for a wall. We should let the planning and development department do their job and hold them to their conditions. Councilmember Barker stated that everyone on this council advocates for businesses but she would also like to advocate for the neighbors of this restaurant. She would also like to continue this and give the applicant a chance to build the wall. Councilmember Schroeder agrees with both sides. He is concerned that the application contains false information. Development Services Director Larry Kirch would like to clarify that the building department has no power to require the wall that is in question. There is no permit that Development Services can issue to make sure this wall is built. The best chance to get the wall built is to continue this application until the wall is built. Councilmember Struble asked for clarification on the specs of the wall. Mr. Esquivias stated it is a 6 foot wall consisting of 3 feet of block and 3 feet of wrought iron and would enclose the outside patio. The applicant stated that the she does not want anyone on the east side patio as she just spent $30,000 on a new septic tank. It has only been used once or twice. She sold the business because her son had brain cancer. He died one year ago and the recent owner asked if she would like to buy it back and she agreed. She did not think that she filled out the application wrong. Councilmember Rizzi asked the applicant if the smoking patio would have food, drinks and music out there. The applicant stated that this is a bar and it is never really quiet and people do have drinks and food out there. She stated that the music is played inside and people mostly just go out there to smoke. She would like to remind the council that this bar has been there for 50 years. Councilmember Evans asked if she does not really want the east patio then would she be willing to take it off the diagram. The applicant said yes she would be willing to take it off. The applicant says that she can ensure council that she will not use the east patio and she will submit a revised drawing to the liquor board. The applicant states that escrow has closed but she is not required to pay the mortgage until January 1, 2020. Councilmember Struble asked if the liquor board is even meeting during this pandemic. City Clerk Jennifer Pena stated that the liquor board meets only as needed. City Attorney Joel Stern stated that if it is approved then it is all administrative work but if it is denied then the liquor board meets to discuss. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes April 21,2020 9. 20-187 Consideration of application for a series 010 beer and wine store liquor license application for Pyramid Smoke Shop and Mini Market located at 2130 W. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Barker moved,seconded by Councilmember Evans that the application for a new series 10, beer and wine store,for Pyramid Smoke Shop and Mini Market, located at 2130 W. Apache Trail be recommended for approval. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena stated that the Police Department, Fire District, Building and Planning and Zoning Departments have all recommended approval for this liquor license. 10. 20-180 Presentation, discussion, public hearing and consideration of proposed projects to be submitted under Resolution No. 20-08, authorizing the submission of the city's Fiscal Year 2020 ("FY20") Community Development Block Grant Regional Account("CDBG")and Fiscal Year 2020 State Special Project("SSP")applications. Councilmember Barker moved,seconded by Councilmember Evans that the proposed project of the Grand View neighborhood rehab,submitted under Resolution No.20-08,authorizing the submission of the City's Fiscal Year 2020 Community Development Block Grant Regional Account and Fiscal Year 2020 State Special Project Applications be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Program and Resource Manager Heather Patel stated that tonight is the last step in this grant process. She stated that a public hearing was done in February and that this application is due in August and a letter of intent is due at the end of this month. Ms. Patel presented guidelines and background on this grant and application. I. OLD BUSINESS J. NEW BUSINESS 11. 20-181 Presentation, discussion and consideration of proposed Resolution No. 20-07 authorizing the submission of application(s)to the Governor's Office of Highway Safety Federal Fiscal Year 2021 grant program. Vice Mayor Wilson moved,seconded by Councilmember Evans that Resolution No.20-07 authorizing the submission of applications to the Governor's Office of Highway Safety Federal Fiscal Year 2021 Grant Program be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes April 21,2020 No: 0 Program and Resource Manager Heather Patel stated that this Resolution allows the city to submit four grant applications and is always done retro active. K. COUNCIL DIRECTION TO STAFF 12. 20-188 Council direction to staff on proceeding with an application for the nomination of the City of Apache Junction as an International Dark Sky Community. Vice Mayor Wilson moved,seconded by Councilmember Barker that council direct staff to investigate and come back to council with the needed changes and cost that would be associated with becoming an International Dark Sky Community. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Development Services Planner Kelsey Schattnik presented the guidelines and process on submitting an application for nomination for the city to become an International Dark Sky Community. Currently, there are 5 cities with this designation and they can be used as examples when we are applying. A staff member would need to be appointed to head this project. The process can take 1 - 3 years. Councilmember Rizzi asked how this would change from what we currently already do. Ms. Schattnik replied that our outdoor lighting regulations would need to be tightened up. City Manager Bryant Powell stated that this is a council led project and staff would need direction to staff from council in order to continue to pursue this project and learn more about what exactly would need to be done. Mayor Serdy stated that he received a letter from a Gold Canyon committee supporting this application. Councilmember Schroeder asked if we are in the ballpark of the criteria. Ms. Schattnik stated that the city is in a good place but some areas do need to be tightened. Vice Mayor Wilson asked if private homeowners would have to change their lighting and what the costs would be. Councilmember Rizzi asked if it would entail code enforcement on private property. Mayor Serdy asked if grandfathering would apply. Ms. Schattnik stated that lights only need to be replaced to meet current criteria once the current lights are replaced. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 20-200 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, May 4, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, May 5, 2020 in the city council conference room and city council City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes April 21,2020 chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Evans that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday, May 4,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, May 5,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard,Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC None. N. ADJOURNMENT Mayor Serdy adjourned the meeting at 8:40 pm ACCEPTED THIS DAY OF 12020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 7 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 3. Piz File ID: 20-221 Sponsor: Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing May 2020 as Motorcycle Safety and Awareness Month. City of Apache Junction,Arizona Page 1 Printed on 611512026 r Vroct M tion MOTORCYCLE SAFETY AND AWARENESS MONTH MAY 2020 WHEREAS, motorcycle riding is a popular form of recreation and transportation for thousands of people in Arizona and our nation; and WHEREAS, the safe operation of a motorcycle requires the use of special skills developed through a combination of training and experience, the use of good judgement. And through knowledge of traffic laws and licensing requirements; and WHEREAS, motorcycles provide a means of transportation that uses fewer resources, causes less wear and tear on public roadways, and increases available parking areas; and WHEREAS, the safety hazards created by the automobile operators who have not been educated to watch for motorcyclists on the streets and highways of Arizona are of prime concern to motorcyclists; and WHEREAS, The American Brotherhood Aimed Toward Education(A.B.A.T.E.) of Arizona, Southern Arizona Chapter, is an organization that actively promotes safe operation, increased rider training, and increased motorist awareness of motorcycles; and WHEREAS, all motorcycle riders are encouraged to continue to hone their skills no matter how long they have been riding; and WHEREAS, it is important to recognize the need for awareness on the part of all drivers, especially with regard to sharing the road with motorcyclists, and to honor the many contributions motorcyclists make to the communities where they live and ride; NOW, THEREFORE, I, Jeff Serdy,Mayor of the City of Apache Junction, Arizona, do hereby proclaim the month of May as MOTORCYCLE SAFETY AND AWARENESS MONTH in the City of Apache Junction,Arizona and encourage all Arizonans to look twice for motorcycles. Signed and attested to this day of 12020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+PizoN►' File ID: 20-151 Sponsor: Dave Zellner and Larry Kirch Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing May 2020 as Building Safety Month. City of Apache Junction,Arizona Page 1 Printed on 611512026 J) rortamatt" On BUILDING SAFETY MONTH MAY 2020 WHEREAS, our City is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster; and WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry—who work year- round to ensure the safe construction of buildings; and WHEREAS, Building Safety Month is sponsored by the ICC to remind the public about the critical role of local code officials and —who assure us a safe, resilient, built environment of livable and economical buildings which are essential to Apache Junction's prosperity; and WHEREAS, "Safer Buildings, Safer Communities, Safer World," the theme for Building Safety Month 2020, encourages all of us to recognize the value of safe and resilient construction, that mitigates damage and loss due to fires, flooding and other disasters and that the implementation of safety codes by local and state agencies has saved lives and protected homes and businesses; and WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Jeff Serdy, Mayor of the City of Apache Junction, Arizona, do hereby proclaim May as BUILDING SAFETY MONTH in Apache Junction. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. Signed and attested this day of , 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. '+PizoN►' File ID: 20-235 Sponsor: Jeff Serdy Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 20-236 Sponsor: Bryant Powell Agenda Date: 5/19/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. 'Piz File ID: 20-217 Sponsor: Larry Kirch and Gail Evans Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation and discussion on human service efforts being offered through the City of Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓GEC �L Z City of Apache Junction �RlzoNP Development Services Department ✓ DATE: April 22, 2020 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director FROM: Heather Patel, Program and Resource Manager SUBJECT: Human Services Programs and Services REQUEST Presentation and discussion on the human service programs and services being offered through the Development Services Department. BACKGROUND AND DISCUSSION The city currently does not have a Human Services Division within the city nor dedicated staff to provide these services. However, staff within the Development Services Department has taken responsibility for a variety of human service needs by providing programs and resources. Human Services is generally defined as programs and services affording health, public health, and human services care to all people, especially, to individuals of underprivileged conditions. The human services provided by the Development Services Department are in addition to the continuing efforts of various other city departments. Some examples include the Parks and Recreation Department which manages senior services, the Apache Junction Public Library which provides various programs specifically to children, and the Apache Junction Municipal Court which offers the Mental Health Court and associated services. RECOMMENDATION/ACTION REQUIRED Staff respectfully recommends the city council receive a presentation and have a discussion on the human service programs within the city. ATTACHMENTS Attachment One: Division description of the Revenue and Community Development Division of Development Services Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 Revenue and Community Development Division The Revenue and Community Development Division is responsible for revenue generation for the city including grants and corporate partnerships. The division is responsible for community development relating to housing rehabilitation, housing resources and information, volunteers engagement, and other local initiatives. The division is the human services contact for outreach, resources, and referrals for Apache Junction residents while maintaining ADA and Civil Rights compliance through city programs and services. This division serves as the staff liaison providing technical assistance and support to city commissions, regional human service networks, and local non-profits which provide a direct benefit to the city in revenue and community development. The RCD Division includes: 1. Grants 2. Corporate Partnership 3. Non-profit support for Friends of Apache Junction and the Apache Junction Community Development Corporation 4. Community Development 5. Public Art 6. Human Services Division Structure Revenue and Community Development Division Revenue Development Community Human Services Grants Corporate Friends of Apache strong Housing Volunteer Public Art I alth and Apache ADA and [:] Apache Junction I Sustainable Rehabilitatio Services Commission Human Junction Civil Junction Community I Community n Program Services Homeless Developmen Initiative C"ra—z Coalition Rights Corporation Training,CDBG, Focal Point Networks; Project Committee Continuum of Management, Care; Non-profit L Community outreach, Technical resource,and Assistance referrals Page 1 Grants Grants are an additional, external source of revenue to address a locally defined need. Grants come in the form of funding, technical assistance, goods, and services. Grants may come from federal, state, local, foundation, corporate, and private resources received for a specific purpose. The division provides the following services within the city: • Research • Grant writing • Project planning • Project administration • Project management • Application review • Reporting • Technical assistance Resources provided for city departments include: • Grant Policy and Procedures • Weekly grant e-Newsletter • Grant workshops • Grant research software • Grants blog www.gpachejunctiongrants.wordpress.com • Twitter at https://twitter.com/Grantseeking • Intranet site Addititonal technical asssitance is provided to local non-profits to include: • research • application review • planning/consultation • current funding notifications (www.gpachejunctiongrants.wordpress.com and https:Htwitter.com/Grantseeking.) • on-line resources and links (www.ajcity.net/ rg ants) • Training opportunities (previous training information available online at www/ajcity.net/grants) Website: www.ajciiy.net/grants for previous workshop presentations and information offered by the city. Corporate Partnership Establishing business partnerships with local, regional, and national companies that provide both a service to the for-profit business and brings additional revenue,publicity, and resources to the city. Website: www.ajcity.net/partnerships Page 2 Past partnerships include: • 4th of July Celebration(Republic Services, Sewer District, Frontier Ace Hardware) • Wellness Event and Expo (Brookdale Apache Junction) • Holiday Festival & Light Parade (Phoenix-Mesa Gateway Airport Authority, Sewer District) • TGIF (Bashas', Apache Junction/Gold Canyon News) Friends of Apache Junction Friends is a local nonprofit organization established in 2009 to help address such quality of life issues as student wellness, public safety, parks and recreation services and the humane treatment of domestic animals. This organization is a separate entity from the city and is a 501 (c ) 3 with a Board of Directors. The Friends of Apache Junction exists to enhance the programs, facilities, and services of the community by supporting: • Recreational, fitness and wellness opportunities; • Opportunities to support the humane treatment of domestic animals; • Opportunities to preserve and protect the area's natural resources; • Opportunities to support the public safety of the community; • Opportunities to support the revitalization of the community's neighborhoods; • Community service programs to address social needs; • Arts, cultural enrichment and historic preservation opportunities Website: https:Hfriendsofapachejunction.wordpress.com/ Previous projects include: • Open space clean ups • Wellness supplies for local kindergarten students • Centennial project: Roosevelt's Ride • Capacity building for local non-profits • Equipment for Paws and Claws Care Center • Housing rehabilitation • Equipment for the Multi-Generational Center • Fit Families Program • Staff training for the Police Department • Equipment for the Police Department's canine officer. Apache Junction Community Development Corporation The Community Development Corporation("CDC") is a local nonprofit organization established in 2002 to address community deterioration, neighborhood revitalization, and downtown/business revitalization. The organization's signature project is the Make A Difference Day event. This organization is a separate entity from the city and is a 501 (c) 3 with a Board of Directors. Page 3 Website: www.apachejunctioncdc.com Strong Sustainable Community Initiative The Strong Sustainability Community Initiative (SSCI)program collaborates with the community to revitalize neighborhoods by creating a viable environment for business investment, neighborhood well- being and happiness, and city growth and success. The Vision: To create a viable city program that recognizes the importance of strong, sustainable neighborhoods that in turn support residents of Apache Junction and those businesses who serve our neighborhoods. The Purpose: To make concerted efforts to invest in our neighborhoods and provide clean, safe and desirable environments in which to live. By creating strong neighborhoods,we build a solid customer base which helps support our local businesses and the viability of our local economy. With healthy neighborhoods and business, we increase the quality of life for our current residents and attract new residents who want to be part of our community. Website: www.ajciiy.net/ssc Housing Rehabilitation The city provides financial assistance to local homeowners to ensure their homes are "safe, clean and livable". The division administers a housing rehabilitation grant/loan program to help homeowners address health and safety concerns with their homes. The programs available include an emergency repair program and a complete housing rehabilitation program. The purpose and goals of the programs include: • The elimination of health and safety hazards in homes; • To benefit low to moderate income residents; and • To improve neighborhoods and encourage stability. Website: www.ajcity.net/rehab Periodic Volunteer Program The Periodic Volunteer Program is a way for citizens to volunteer for city projects which may only be a one-time project. These opportunities do not require a particular skill set or clearance. If you are interested in becoming a "periodic" volunteer, visit www.justserve.org. If you are interested in volunteering for a local non-profit organization or are looking for a particular project, you may also find these opportunities posted on www.justserve.org. Website: htt2://www.ajciiy.net/462Nolunteer-Opportunities Page 4 Public Art Commission A Public Art Commission was created through Ordinance 1478 to: • Promote and encourage diverse citizen participation in public art; • Assist corporations, commercial developments, and other private and governmental entities to incorporate public art; • Recommend the operating and capital improvement program budgets for the public art program; • Conduct the request for qualifications process for all public art installations; • Review gifts of art offered to the city for artistic and cultural purposes; • Provide information, recommendations and advise city council and staff on public art policies and initiatives relating to the city's mission and vision statements for all art; • Serve as recommending body on public art projects relating to art in public places; • Serve as the recommending body on public art projects relating to art in private development. An amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-13: Design Standards, § 1-13-4, Art in Public and Private Developments established a public art program to celebrate the city's identity, enhances public spaces, strengthens residents' ties to the community, attracts new businesses and tourism and promotes citizen awareness of, and interest in, the arts. Placing art in publicly accessible spaces creates a more desirable place to live, work and visit and improves the health, safety and welfare of the community. Public art projects have the potential of connecting new commercial and residential development to the community and creating a vibrant sense of place for residents and visitors. Art installations in both public and private development that are accessible to the public further enhances these spaces, serves as a cultural resource and establishes a distinctive local identity. Website: under construction Health and Human Services Commission A Health and Human Services Commission was established to: • Determine the needs of city residents with regards to public health needs, provision of human services, and care of the elderly, handicapped, and developmentally disabled; • Enhance the development of public health through forums, seminars, and working with other agencies; • Review requests submitted by providers for city funding and make recommendations to the city council regarding such funding; • Assist with the development of health care facilities; and • Make recommendations to the city council regarding elderly health care and emergency transportation systems. Website: www.ajciiy.net/hhsc Page 5 Homelessness Coordination The Apache Junction Homeless Coalition creates a collaborative network of quality resources and services to assist the homeless and at risk residents of Apache Junction. The coalition, the first of its kind in Pinal County, has operated in various forms since 2015 to address a need in the community. Initially, the coalition was tasked with creating strategies to address the homeless population and conducting the annual federally required point in time count. Special events were conducted including Project Connect events, community information breakfasts, and financial stability classes. The coalition has also conducted hygiene, sock and underwear, and PB&J drives for those who are in need. Other activities include hydration relief and providing information and referral services through a street sheet. The coalition conducted their first strategic planning process in 2017 and again in 2019. Through this process, six key strategies were identified to help those experiencing homelessness and those who are at- risk of homelessness: outreach, collaboration,policy, housing, employment, and basic needs. At the heart of coalition's partnership is the Community Resource Center which encapsulates each of the identified strategies. The center was created to connect services to those in need regardless of their housing status. The center brings together different organizations each week to connect the community to resources including: healthcare,benefit services (social security, DES, medical, SNAP),phones, housing, employment, legal services, and mentoring. The center opened in September 2017. Division staff serves as the contact for community information, resource, and referral services. Websites: www.aciy.net/communitypro rg ams and www.ajcity.net/ajinvests Resource Center Schedule: www.facebook.com/AJCommunityResource/ ADA and Civil Rights The Americans with Disabilities Act(ADA)was enacted in 1990 to ensure people with disabilities have the same opportunities as everyone else to participate in all aspects of American life. Modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color,religion, sex, or national origin, the ADA is an equal opportunity law for people with disabilities. The ADA prohibits discrimination based on disability. Under the law, the City of Apache Junction strives to assure its programs, services and activities are readily accessible and usable by qualified persons with disabilities. The city will reasonably modify practices,policies and procedures to ensure participation is afforded to everyone. Therefore, the city created an ADA and Civil Rights Plan. The city has also created a Limited English Proficiency Plan (LEP) for the purpose of providing services to persons with limited English proficiencies which hinder that person from having equal and meaningful access to city programs and services. The Plan is to provide a framework for the provision of timely and reasonable language assistance to LEP persons who come in contact with the city. Website: www.ajciiy.net/ada Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. Piz File ID: 20-215 Sponsor: Sidney Urias Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1490, case PZ-3-20, a request by the Richard Lauver and Ariel Lauver Trust, represented by Dane Astle of Edifice Architecture, of a proposed rezoning of approximately 4.5 acres located near the northeast corner of Superstition Boulevard and Main Drive from RS-GR (General Rural Low Density Single-Family Detached Residential)to RM-1/PD (High Density Multiple-Family Residential)and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a 52-unit leased residential community. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE�Gti n� z City of Apache Junction gRIZONP Development Services Department . Date: May 5, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director From: Sidney Urias, Senior Planner Subject: May 5, 2020, City Council Public Hearing Items : PZ-3-20 (Ord. No. 1490) Villas on Superstition Rezoning/Planned Development and Minor General Plan Request Summary Please see the attached staff report and exhibits presented to the Planning and Zoning Commission at their public hearing on April 14, 2020, for a proposed Rezoning/Planned Development and a Minor General Plan Amendment, a request by Rob Hale and Dane Astle of Edifice Architecture. This case pertains to one parcel of land totaling approximately 4 . 5 acres located near the northeast corner of Superstition Boulevard and Main Drive. PZ-3-20 proposes to rezone approximately 4 . 5 acres of property from RS-GR (General Rural Low Density Single-Family) to RM-1/PD (High Density Multiple-Family Residential by Planned Development) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a single- story 52-unit leased residential community. P&Z Commission Hearing and Recommendation Items discussed at the commission meeting, brought up by commissioners include, the rationale for the reduced rear yard setback, questions regarding the leased residential community concept, covered and uncovered parking requirements, availability of garage spaces and proposed amenities provided by the developer. Staff and the applicant clarified the rationale of the rear yard setback, clarified the concept of the leased residential community which mimics an apartment complex without the vertical density traditionally associated to a rental community, clarified the requirements of the Zoning Ordinance in regards to Planning& Zoning-Building& Safety-Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 covered and uncovered parking spaces, and lastly the first come, first serve process of obtaining garage spaces . The commission' s unanimous recommendations of approval for the Rezoning/Planned Development and Minor General Plan Amendment are memorialized in attached draft Ordinance No. 1490 . Attached: - Draft Ordinance No. 1490 - Staff report and attachments presented to P&Z on 04-14-20 Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 ED A& ICAT V � � 63655 DANE R. p ASTLE o: 660'-3" S!sned°3'�1>j 33'-0" 110-4' 9'-3" 101'-0" 10'-0" 148'-0" 10'-0" 148'-0" 10'-0" 148'-0" 1 33'-0" FPE TO BE Keynote 2 A' j ABANDONED I I Key Value Keynote Text EXPIRE 3/ /2 20 2 g�°. 2 e,, _ 1 q 1 SITE WALL 8"18"116"CONCRETE MASONRY UNITS WITH 8"X4"X16" CONCRETE MASONRY UNIT CAP AND STUCCO FINISH,SEE DETAIL 00 o CO `— I r �� r r 31AS-110 FOR HIGH AND FINISHES. w N F E TO B ,� 2 6-0 HIGH SITE WALL,4 X8 X16 CONCRETE MASONRY UNITS, WITH o A ANDO ED I I o 0 8"X8"X16"MASONRY PILASTER.SEE DETAIL 21AS-110 Q Lq IF// U) ih i0 F-COO:) M co Q O 1 ofmFX/ � I � _ Lu (D e�e r �s MOTORIZED ROLLING GATE ;e z I 00 LT 6 J 6 8 R, q 7 8 7 co AS 110 a$ �; r ,p ^ 9� ' a=> �` EXIS ING ,� r > CMU WALL I L r I � � I 'N I s, e CRASH o ea 5 0 0.� 36 �fp 9a eeaL I I , AS 110 g r e _ I 5 �, ;� - 12 �° r PARK „ GARAGE 3, 5GARAGES Of`V — g APN 100350350 g� ` AREA 4.237 ACRE 1 p 6 r Q l 6 — LU Z 0 Cn Z N ,.aim -ho eo -Poo UTILI POLE SH , TRASH ie � � •�, 7 8 a_ 7 8 7 W o � � 1 2 Z � p Z Q I o o O LU > M M I 1 p z AS-110 N oLL I a Q 1 gm 1 em ti 1 ��e 1 eoo� 151 MR, s 1 AS-110 MONUMENT W m — U SIGN I — I Z PROJECT TEAM I I OWNER 42' 11" 1 L11'0"L 33'0" 12'4" 54'0" �1 L10'-0"0'0" 0� 148' " � 148'0" �10'0"� 148'0" 6 Lauver Family Trust 3 T 480.518.1397 Contact: Rob Hale — — — — — — — — — — — — — — — — — — — — — — — — — ARCHITECT — — — — — — — — — — — — — —W—SUPE— — — R— — — —STITION— — — —BLVD— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — AS-110 EDIFICE T 480.580.1116 Contact: Dane Astle WALL PLAN 1 1" =30'-0" STUCCO COLOR:PPG1009-5-ARCHITECT 4"SOLID CMU CAP-TRENWYTH STUCCO COLOR:PPG1009-5-ARCHITECT 4"SOLID CMU CAP-TRENWYTH TO APPROVE FINAL SELECTION OF TRENDSTONE COLOR:BLACK CANYON- TO APPROVE FINAL SELECTION OF TRENDSTONE COLOR:BLACK CANYON- COLOR. ARCHITECT TO APPROVE FINAL BLOCK COLOR. ARCHITECT TO APPROVE FINAL BLOCK LINEAR LIGHT SELECTION PRIOR TO ACQUISITION. SELECTION PRIOR TO ACQUISITION. o V I L L A S oN SUPERSTITION TRENWYTH TRENDSTONE CMU 8X8X16 W/BLACK TRENWYTH TRENDSTONE COLOR:BLACK CANYON 10'-01 MORTAR AND 1/4"RAKED COLOR:BLACK CANYON 101-01, TRENWYTH TRENDSTONE MONUMENT SIGN CMU 8X8X16 W/BLACK CMU 8X8X16 W/BLACK JOINTS.PAINTED WITH CMU 8X8X16 W/BLACK COLOR:BLACK CANYON INTEGRATED INTO MORTAR AND 1/4"RAKED MORTAR AND 1/4"RAKED COLOR:PPG1007-6 MORTAR AND 1/4"RAKED CMU 8X8X16 W/BLACK THE SIDE WALL JOINTS.PAINTED WITH JOINTS. JOINTS. MORTAR AND 1/4"RAKED COLOR:PPG1007-6 JOINTS. DECORATIVE FENCE MONUMENT SIGN 3 1/8" = 1'-0" 5 1/8" = 1'-0" 4"SOLID CMU CAP-TRENWYTH TRENDSTONE COLOR:BLACK CANYON-ARCHITECT TO APPROVE FINAL BLOCK TRENWYTH TRENDSTONE # DESCRIPTION DATE SELECTION PRIOR TO ACQUISITION. COLOR:BLACK CANYON CMU 8X8X16 W/BLACK MORTAR AND 1/4"RAKED CMU 8X8X16 W/BLACK JOINTS. MORTAR AND 1/4"RAKED JOINTS.PAINTED WITH COLOR:PPG1007-6 OVERHEAD CANOPY I 0 0 � 9'-01, 2'-0" 10'-0" TRENWYTH TRENDSTONE CMU 8X8X16 W/BLACK (COLOR 2)CMU 4X8X16 COLOR:BLACK CANYON MOTORIZED MOTORIZED CMU 8X8X16 W/BLACK PEDESTRIAN MORTAR AND 1/4"RAKED REZONING 2 N D W/BLACK MORTAR AND CMU 8X8X16 W/BLACK ROLLING GATE ROLLING GATE MORTAR AND 1/4"RAKED ACCESS GATE JOINTS.PAINTED WITH 1/4"RAKED JOINTS. MORTAR AND 1/4"RAKED JOINTS.PAINTED WITH COLOR:PPG1007-6 SUBMITTAL JOINTS. COLOR:PPG1007-6 03/02/2020 DUALLY WALL MOTORIZED GATE ENTRANCE MAILBOX ELEVATION - 2 1/8" = 1'-0" 4 1/8" = 1'-0" 6 1/8" = 1'-0" WALL PLAN AS =1 10 1 O� PQACHF✓GAO y z City of Apache Junction Development Services Department ka � qR/ZONP PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : April 14, 2020 CASE NUMBERS : PZ-3-20 "Villas on Superstition" OWNERS : Richard Lauver and Ariel Lauver Trust APPLICANT: Rob Hale and Dane Astle of Edifice Architecture REQUEST: Proposed rezoning of approximately 4 . 5 acres from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-1/PD (High Density Multiple-Family Residential) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential for a 52-unit leased residential community. LOCATION: The property is located at the northeast corner of Superstition Boulevard and Main Drive GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential ("MDR") ; General Rural Low Density Single-Family Detached Residential ("RS-GR") SURROUNDING USES : North: Stagecoach Trails, zoned RS-5/PD; South: Residential and Commercial property, zoned RS-10 and B-1; East: Ironwood Self-Storage, zoned B-1/PD; "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 2 West: Residential and Commercial property, zoned RS-10 and B-1 BACKGROUND The property has historically been undeveloped and zoned RS-GR (General Rural Low Density Single-Family Detached Residential) , no other development history is available . Most recently the applicant has put the property in escrow to purchase and develop the land. PROPOSALS PZ-3-20 is a proposed rezoning of approximately 4 . 5 acres property from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-1/PD (High Density Multiple-Family Residential by Planned Development) . The PD rezoning concept proposes a reduced rear yard setback from 20 feet to 15 feet, no other deviations from the Zoning Ordinance have been requested by the applicant. Furthermore, the community will not be age restricted; internal driveways will be private; and an entrance is proposed to be located along Main Drive . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Medium Density Residential" . Due to the proposed density of the project and because the property is less than ten acres, a Minor General Plan Amendment has been requested. The current General Plan designates this property to a maximum of 6 dwelling units per acre, the proposed plan is requesting a density of 13 dwelling units per acre. Zoning/Site Context: The 4 . 5 acres is a privately-owned piece of land surrounded by residential and commercially zoned land. The proposed project is located directly south of Stagecoach Trails Subdivision. "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 3 Planned Development Zoning: There is only one zoning deviation requested with this planned development rezoning: Setbacks (Rear) : The RM-1 zoning district normally requires a 20-foot rear yard setback. The Planned Development proposes a 15-foot rear yard setback. No other proposed deviations have been requested. Proposed Deviations Table : Description Zoning District RS-GR Zoning District RM-1 Proposed PAD Maximum Density 0.80 units/acre 13 units/acre 13 units/acre (dwelling units per acre) Minimum front setback 40 ft. 20 ft. 20ft. (main structure) Minimum interior side 20 ft. 10 ft. 10 ft. setback(main structure) Minimum Street Side 20ft. 10 ft. 10 ft. Setback(main structure) Minimum Rear Setback 40 ft. 20 ft. 15 ft. (main structure) Max.Lot Coverage 30% 50% 50% Maximum Height for Main 35 ft. 35 ft. 35 ft. Structure As trade-offs, the applicant is offering a range of amenities such as a tot lot playground, community pool, pool cabanas, jacuzzi, barbecues and plentiful greenspace . Staff has also reviewed the proposed elevations and floor plans . The proposed elevations meet the four-sided architecture requirement as noted in the Zoning Ordinance (see attached plans) . Infrastructure Improvements: The developer will need to extend all necessary services to the site . SRP, Century Link, Southwest Gas and cable communication facilities are probably already on site. Half-street improvements and street dedications will be completed by the developer along Superstition Boulevard (southern boundary) and "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 4 Main Drive (western boundary) . The internal driveways will be constructed and maintained by the developer and or owner. Furthermore, all other necessary on-site and off-site improvements, including retention basins, perimeter walls, amenities and landscape buffers will be built at the time of development. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius . On March 24, 2020 a neighborhood meeting took place but no one attended the meeting. The only communication the applicant received was a phone call by a property owner located in the Stagecoach Trails Subdivision. The property owner expressed concerns over perceived traffic increases, the possibility of having boisterous neighbors, low income tenants and light pollution. The applicant was able to convey that traffic should not be a concern due to the location of the entrance, sound should not be a concern due to the distance of each unit from the subdivision in addition to the standard sound insulation system on each of the units, the design of the community was also intended to attract market rate tenants while providing a luxury rental experience, and lastly all light fixtures were designed to meet or exceed the Zoning Ordinance lighting regulations . Staff has not received any comments regarding the Rezoning/Planned Development and Minor General Plan Amendment request. FINDINGS OF FACT FOR REZONE/PLANNED DEVELOPMENT As required by the Apache Junction Zoning Ordinance, a Planned Development request may be approved by the City Council after consideration has been given to three different criteria. The criteria are outlined in the text below: 1 . That a better design cannot be achieved by applying the strict provisions of the underlying zoning district. Applicant Response: The design has been evaluated in many different ways. With the help from different trades and professionals, the current design has been created to accommodate the needs of the new community while allowing the "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 5 inhabitants to come together centrally and enjoy the amenities. It was import that each inhabitant have both public and private space to gather, while living in a product that will provide a luxury experience for them in a space that fits within each their budget. This variety of housing type adds to the demand within this area of Apache Junction. 2 . That strict adherence to the provisions of the zoning ordinance is not required in order to ensure the health, safety and welfare of the inhabitants of the proposed development. Applicant Response: Within the proposed design, all safety concerns are accommodated and will meet code to ensure a safe and comfortable environment for all inhabitants. We believe this design to be a good uplifting environment for inhabitants as it encourages gathering and befriending in the centralized amenity area. 3 . That strict adherence to the ordinance is not required to ensure that property values of adjacent properties will not be reduced. Applicant Response: It is not anticipated that property values will reduce due to this community. As the design will be geared toward a luxury product, nice interior and exterior materials, as well as superior amenities, we anticipate that quality neighbors will move in and be a strong part of the existing community only increasing the value from what is existing there today. This project is not designed to accommodate a low income housing solution and is not planned in that way. FINDINGS OF FACT FOR MINOR GENERAL PLAN AMENDEMENT As required by the Apache Junction General Plan, a Minor General Plan Amendment request may be approved by the City Council after consideration has been given to specific criteria. The criteria is outlined in the text below: 1 . Whether the amendment proposes a land use designation that the Land Use Plan Map does not adequately provide optional sites to accommodate . Applicant Response: It is not intended to change the general planning in such a way that this would become a commercial site. It is proposed to maintain the residential feel and bring "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 6 inhabitants to this area increasing the demand for future commercial development in the area. We agree with comments from economic development regarding the proposed community offering a good variety of housing types for those who are looking for something different. The added density can be a positive way to fit the market demands while bringing quality inhabitants to the area. 2 . Whether the amendment constitutes an overall improvement to the General Plan, will not solely benefit a particular landowner or owners at a particular point in time, and is consistent with the overall intent of the 2010 General Plan. Applicant Response: We believe that this development is a luxury addition to the community. Although it is not a single-family home, it does not necessarily take away from the value or become a detriment to the community or the general plan for the City. We are proposing a high-end product attached. As a new variety in housing type, many different market driven inhabitants have options and can life in this area. This project should be a long-lasting positive addition to the community. 3 . Whether the proposed amendment is justified by an error in the 2010 General Plan as originally adopted. Applicant Response: Not justified by an Error. 4 . Whether the proposed change is generally consistent with goals, objectives, and other elements of the 2010 General Plan. Applicant Response: Yes, we believe the goals and objectives of the plan fit well and are consistent with what this community intends to offer. 5 . Whether the proposed change is justified by a change in community conditions or neighborhood characteristics since adoption of the Plan. Applicant Response: We believe the general plan and what we intend to develop are very similar. We are maintaining a community environment that will bring quality inhabitants to this area and encourage growth and viability within the commercial sector. "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 7 6 . Whether the amendment will adversely impact a portion of, or the entire community by: a. Significantly altering acceptable existing land use patterns, especially in established neighborhoods . Applicant Response: Not planning to alter the plan significantly. b. Significantly reducing the housing to jobs balance in the Planning Area. Applicant Response: We believe that there will still be a good balance in the community as there is still a need for growth and development in Apache Junction. This development will help trigger a few of the other needs that will incur balance. c. Substantially decreasing existing and future water supplies . Applicant Response: Not planning to alter the plan significantly. Exterior landscape is maintained as low water use around the front patios of the development. d. Replacing employment with residential uses . Applicant Response: Not replacing or removing employment. e . Requiring additional and more expensive improvements to infrastructure systems and/or proximity to municipal facilities and/or services than are needed to support the prevailing land uses and which, therefore, may impact the level of service for existing and proposed developments in other areas . Applicant Response: Not impacting the infrastructure in a negative way. f. Increasing traffic (without mitigation measures) on existing roadways beyond the planned level of service, and that negatively impact existing and planned land uses . Applicant Response: We have received no comments or concerns about traffic impact on Main Dr. where the entrance is "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 8 proposed. We believe this will not impact traffic flows beyond the level of service the roads are designed to accommodate. g. Affecting the existing character (i .e . , visual, physical and functional) of the immediate area. Applicant Response: We have worked closely with City Staff to ensure that we are unique, but maintaining all aspects of the character area as considered in the surrounding community. h. Increasing the exposure of residents to aviation generated noise, safety and/or flight operations . Applicant Response: We are maintaining a residential development on this location. No change to the exposure. i . Materially diminishing the environmental quality of the air, water, land, or cultural resources . Applicant Response: We will be maintaining the use of common and quality materials. We have no intention of diminishing any environmental recourses. j . Significantly altering recreational amenities such as open space, parks, and trails . Applicant Response: We do not want to alter this unless the alteration is an increase, as we are in favor of maintaining these areas as evident in the central amenity area of the proposed site plan. PLANNING DIVISION RECOMMENDATION Staff acknowledges that only one deviation from the Zoning Ordinance has been requested for this proposed development. Staff also acknowledges that this product type will diversify the City' s current housing stock as needed and emphasized by the 2020 General Plan. As such staff respectfully recommends to the Commission that they include the following conditions of approval as part of a favorable recommendation to the City Council . As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 9 RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING AND MINOR GENERAL PLAN AMENDMENT I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of planned development rezoning case PZ-3-20, a request by Rob Hale and Dane Astle of Edifice Architecture for a 52-unit leased residential community tentatively to be named "Villas on Superstition", located at the northeast corner of Main Drive and Superstition Boulevard, from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-1/PD (High Density Multiple-Family Residential by Planned Development) and a Minor General Plan Amendment from Medium Density Residential to High Density Residential, subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached and associated to this case and all the provisions of the Zoning Ordinance applicable to this case . 2) The proposed development will not be age restricted. 3) Street improvements and dedications include Main Drive and Superstition Boulevard but not necessarily limited to, extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping shall be required as part of this planned development project, and subject to review and approval by the City Engineer. 4) Landscape, screening and irrigation improvements, planted within a minimum 10-feet deep strip inside the net property line along the southern and western perimeter of the property (but outside of required walls) , shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall wall shall be constructed. 5) All applicable permits shall be applied for and plans shall be designed to current City codes prior to any lot grading or construction. Inclusively, all applicable development "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report 10 fees shall be paid at the time of permits issuance on a per-unit basis . 6) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided Staff review comments and in accordance of the city' s approved Engineering Standards . 7) All common and amenity areas within 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 developer/owner of the community. ------------------------------------------------------------- ,S'DC Vote LA yids Prepared by Sidney Urias Senior Planner Attachments : Exhibit #1 - PZ-3-20 Application Exhibit #2 - Aerial Map Exhibit #3 - Project Narrative Exhibit #4 - Preliminary Landscape Plan Exhibit #5 - Proposed Elevations Exhibit #6 - Proposed Floor Plans Exhibit #7 - Proposed Wall and Monument Plan "Villas on Superstition"Cases PZ-3-20 April 14,2020 Planning and Zoning Commission Staff Report ORDINANCE NO. 1490 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 FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-3-20, A REQUEST BY ROB HALE AND DANE ASTLE OF EDIFICE ARCHITECTURE ("APPLICANTS") , FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT ("RM-1/PD") AND A MINOR GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL ("MDR") TO HIGH DENSITY RESIDENTIAL ("HDR") , FOR A 52-UNIT LEASED RESIDENTIAL COMMUNITY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the Applicants submitted a planned development ("PD") plan for a future +/-52-unit leased residential community, tentatively named "Villas on Superstition", on approximately 4 . 5 acres subject property, and a minor general plan amendment from MDR to HDR; and WHEREAS, on April 14, 2020, the Apache Junction planning and zoning commission voted 6-0 to recommend approval of rezon- ing/planned development case PZ-3-20, subject to the submitted conceptual PD plans and the conditions prescribed herein; and WHEREAS, the city council hereby determines that the proposed PD 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, Article 1-5 : Zoning Bulk and Use Regulations, Section 1-5-1, Residential Use Regulations and Article 1-4 : Zoning Districts, Section 1-4-3, Planned Development ("PD") Overlay 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 natural environments in the city, and the design and uses should result in enhancements to the social, built and natural environments in the city. ORDINANCE NO. 1490 PAGE 1 OF 4 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 parcel of land legally described as : The south half of the southwest quarter of the southeast quarter of the southeast quarter of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona. Except that portion deeded to the City of Apache Junction in Warranty Deed Fee No. 1996-020314 of official records of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona. And also, except that portion deeded to the City of Apache Junction in Warranty Deed Fee No. 2006-091931 of official records of Section 18, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly defined as follows : Beginning at the southwest quarter of said above described parcel, thence Northerly, along the west line of said parcel, a distance of 50 feet; Thence Easterly, parallel and 50 feet north of the south line of said parcel, a distance of 660 feet to a point on the east line of said parcel, distance of 50 feet from the southeast corner of said parcel; Thence Southerly, along the east line of said parcel, a distance of 50 feet to the southeast corner of said parcel; Thence Westerly, along the south line of said parcel 660 feet to the point of beginning. ORDINANCE NO. 1490 PAGE 2 OF 4 be and hereby is amended from RS-GR to RM-1/PD subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached and associated to this case on file with the city' s planning commission and all the provisions of the zoning ordinance applicable to this case. 2) The proposed development will not be age-restricted. 3) Street improvements and dedications include Main Drive and Superstition Boulevard, but are not necessarily limited to: extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, landscaping and are subject to review and approval by the city engineer. 4) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line along the southern and western perimeter of the property (but outside of required walls) , shall be provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-8 : Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size and a decorative 6-foot-tall wall shall be constructed. 5) All applicable permits shall be applied for and plans shall be designed to current city codes prior to any lot grading or construction. Inclusively, all applicable development fees shall be paid at the time of permits issuance on a per-unit basis . 6) The developer' s engineer shall meet the civil engineering improvement plans and document requirements, as outlined in the previously provided staff review comments and in accordance of the city' s approved engineering standards . 7) All common and amenity areas within the proposed development, including perimeter walls and fences, ORDINANCE NO. 1490 PAGE 3 OF 4 and interior and exterior common area landscaping, shall be owned and maintained in good condition at all times by the developer/owner of the community. 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 unconstitutional 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 , 2020 . SIGNED AND ATTESTED TO THIS DAY OF 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1490 PAGE 4 OF 4 City of Apache Junction Development Services Department /{ 300 E. Superstition Blvd. !J Apache Junction, AZ 85119 (480) 474-5083 REZONING APPLICATION SUBJECT INFORMATION PROJECT NAME: Villas on Superstition PROPERTY ADDRESS: ASSESSOR'S PARCEL NO. NEC of Main Drive and Superstition Blvd. 100350350 ACREAGE: CURRENT ZONING DISTRICT: RG-GR 4.237 PROPOSED ZONING DISTRICT: AM-1 EXISTING GENERAL PLAN DESIGNATION: Medium Density Residential P NAME: Lauver Family Trust MAILING ADDRESS: PO Box 1572, Mesa AZ 85211 EMAIL: TELEPHONE: ra_pugh@hotmail.com 480-518-0397 AI3 NAME: Rob Hale MAILING ADDRESS: 1744 S Valvista Dr, Ste 206,Mesa AZ 85204 EMAIL: rob@EliteResultsTeam.com TELEPHONE: 480-241-5758 OWNER AUTHORIZATION i hereby certify that the above information is correct, and that I am authorized to file an application on said property, being either the owner or authorized agent to file on behalf of the owner. Anyone applying without authorization from the property owner(s)shall be subject to penalty under all applicable laws. x4x%e A Af4, r vs4re a{44e L4wee 01/15/2020 Property Owner Signature Date --� 01/16/2020 I Applicant Signature Date REZONING REVIEW TIMEFRAME - ADMINISTRATIVE COMPLETENESS REVIEW:S DAYS REVIEW OF SUBMITTAL:30 DAYS Rezoning Application � � Page 1 of 2 112019 Fut'j?-C}x— COCA j O Lin rX, F-7- td 4_ ?- Stagecoach Trails 4 ' I1 J Zonin . RS 5/PD !. F.,, I 90 A �1 . g Villas on Superstition • Cholla Vista Estates J PZ-3-20 ` Zoning: RS-10 ( I Parcel:100-35-0350 • ! Proposed Zoning: RM-1/PD ' 4.24 acres • PLO- Ironwood Self-Storage • yF_ t Zoning: B-1/PD i ■ k. t'. Mckellips+Blvd �,� DISCLAIMER:This exhibit was produced without benefit City ®f Apache Junction of a field survey and is not intended to represent a survey a document of any kind. Distances shown hereon are Lost Dutchman lvd t PZ-3-20 Exhibit approximate.Parcel lines shown hereon are approximate Qaoc and may not reflect the exact position or alignment of ❑ �P parcel lines, roadway center lines, or easement lines. Superstition Blvd LEGEND Apache Trl O Subject Site Parcel o Broadway Ave 0/0, �� eSty m Southem Ave 2 LB IJOW Baseline Ave Q of 60 of IQ Oo o March 18, 2020 ~ 0 0 100 200 400 G:\Projects\Deve lop mentSe rvi ce s\Pl a nn ingAn dDevel opme nt\Pla nnedZon ingCa ses\2020\PZ-3-20\PZ_3_20_Exhibit.mxd Feet - r - architecture January 17, 2020 CITY OF APACHE JUNCTION Development Services Department 300 E Superstition Blvd Apache Junction,AZ 85119 P:(480)474-5083 Re: Project Narrative Villas on Superstition,(53) Units Residential Townhome Development Address: NEC of Main Drive&Superstition Blvd Parcels: 100350350 Project Narrative On behalf of the property owners, as well as Villas on Superstition, we are requesting approval for the rezoning of approximately 4.23 gross acres located at the NEC of Main Drive and Superstition Blvd, Apache Junction, AZ 85120. Specifically, a rezone from RS-GR (4.23 ac) to RM-1 (High Density Multiple- Family Residential) PAD to accommodate a for-sale 52-Villa community. The Villas on Superstition function more like a grouping of attached single-family buildings and are similar to a compact single-family subdivision offering amenities in a central area and community connection to its owners. The gated community will provide 54 uncover parking stalls, 51 covered parking stalls and 17 garages for a total of 122 parking stalls. The building area proposed is 47,272 SF which is a 25.5% of the land gross area.The open area proposed is 58,881 SF which is a 31.25%of the land gross area. Development Standards Table: Description Zoning District RS-GR Zoning District RM-1 Proposed PAD Maximum Density 0.80 units/acre 13 units/acre 13 units/acre (dwelling units per acre) Minimum front setback 40 ft. 20 ft. 20ft. (main structure) Minimum interior side 20 ft. 10 ft. 10 ft. setback(main structure) Minimum Street Side 20ft. 10 ft. 10 ft. Setback(main structure) Minimum Rear Setback 40 ft. 20 ft. 15 ft. (main structure) Max.Lot Coverage 30% 50% 50% Maximum Height for Main 35 ft. 35 ft. 35 ft. Structure 876 N McQueen Rd. Mesa,AZ 85233 T.480-580-1116 architecture We sincerely thank you for your time, ' Dane Astle Principal Architect EDIFICE ONNA3v1Oq NOIIu5N3d15Ow 3nt110N A003N NOIIIIS1J3dnS NO SVIII0 _ R 6i _ R R p _ . . . _ S R M b b 6 6 b g e b b b E b b b b b b b b b b E b b tel �61 F x y p a FFII �E ` yt a 0 ¢¢ b lw E'•• _ _ z j r" 1 !. 1, $��" 1, t Oi i a Z 1' r . 1111 ■ � 210 NIVW N L I I cICAT V � � 63655 DANE R. p ASTLE o: 3 S 9ned....'. 1>j. 2 A, EXPIRE 3/ /2 20 00M (D o cM � N � 4� 0d Lu 00 0 � Q00 o F- oo MECHANICAL UNITS �q ,� ��y� � z m � FULLY SCREENED WINDOW BEHIND PARAPET ASPHALT WINDOW ASPHALT WINDOW ASPHALT WINDOW w:� — w SHINGLE SHINGLE SHINGLE - = w CD z SCONCE 00 LIGHT 8"POST / /El ED i BASE BLOCK i COLOR 1 STUCCO BOARD AND BATTEN STUCCO BASE BLOCK 8"POST BOARD AND BATTEN STUCCO BOARD AND BATTEN STUCCO STUCCO BOARD AND BATTEN COLOR 1 Z O VILLA ELEVATION 6-PLEX - - 1 1/8" = 1'-0" 0 J m W Z O U) I— 0� W V, 0_ Nz U) 06 WINDOW ASPHALT WINDOW ASPHALT WINDOW ASPHALT WINDOW T.O. PARAPET Z SHINGLE— — — — — — — SHINGLE— — — — — SHINGLE— — — — — — — — — — — — — — 1PET 91-01, Q — LEVEL 2 LL 16'-0" j O 0 sO� PROJECT TEAM OWNER STUCCO � � � Lauver Family Trust T 480.518.1397 DUALLY / Contact: Rob Hale WALL T / LEVEL 1 ARCHITECT 0'-0" EDIFICE T 480.580.1116 Contact: Dane Astle STUCCO DUALLY STUCCO DUALLY DUALLY STUCCO DUALLY STUCCO STUCCO STUCCO DUALLY WALL WALL WALL WALL WALL PRESENTATION ELEVATION NORTH 2 1/8" = 1'-0" ASPHALT WINDOW ASPHALT SHINGLE SHINGLE T.O. PARAPET T.O. PARAPET LEVEL 2 LEVEL 2 # DESCRIPTION DATE 8"POST 0 8"POST n I I BASE BLOCK II BASE BLOCK II COLOR 1 COLOR 1 — — — — — —LEVEL LEVEL 1_ — — — STUCCO STUCCO FENCE DUALLY WALL DUALLY STUCCO WALL REZONING PRESENTATION ELEVATION EAST PRESENTATION ELEVATION WEST SUBMITTAL 03/02D/20 3 1/8" = 1'-0" 1/8" = 1'-0" EXTERIOR ELEVATIONS COLOR 6-PLEX L I I AE =203 cICAT V � � 63655 DANE R. p ASTLE o: 3 S 9ned...�. 1>j. 2 A, EXPIRE 3/ /2 20 O M N W 0 0 U) Q Lq F- COO:) 12� W F- Z m ~ J_ Lu W U d U Z co ti I L co 148'-0" Z O F— F- 0 o o J m El LU 011 N 9, 10'-3" MASTER MASTER o 6METERS �� U) SUITE Ej SUITE - j- j ' 7 F o PACK SES IL ❑ BEDROOM LAUNDRY ❑ ❑ ❑ ❑ ❑ �, �' �� Z) ❑ U) �H W/D H W/D N 4'-4" 5' 11 �� Z 4'5' H W/D H W/D I W/D H M IL GREAT ❑ 4 J ° A202 N LAUNDRY ELECTRICAL ROOM • ELECTRICAL • _ 0 LU ELECTRICAL PANEL ELECTRICAL ELECTRICAL PANEL ELECT RICAL PANEL PANEL PANEL PANEL _\:` _ — > Z M 0 PROJECT TEAM 00 OWNER 00 ❑ Lauver Family Trust GREAT F F F T 480.518.1397 ROOM -CD Contact: Rob Hale o- N _ N 157 ARCHITECT 20'-0" 6'-10" - EDIFICE 1b � T480.580.1116 Contact: 0 Dane Contact: Dane Astle 27'-0" 20'-0" 27'-0" 27'-0" 20'-0" 27'-0" N FLOOR PLAN LEVEL 1 - 6 PLEX 1 1/8" = 1'-0" 4' 8' 16' # DESCRIPTION DATE REZONING 2ND SUBMITTAL 03/02/20 FLOOR PLAN 6-PLEX ❑ AE =1 01 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. Piz File ID: 20-220 Sponsor: Sidney Urias Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of a request for a continuance of case PZ-1-20, Old West Highway Village located on the south side of Old West Highway, east of Royal Palm Road and west of Weeks Wash, site of a former golf driving range. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� pPACHE n� 100 z City of Apache Junction Development Services Department 01 '9RIZONP DATE : May 5, 2020 MEMO TO: Honorable Mayor and Apache Junction City Council Members; THROUGH: Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager FROM: Nicholas Leftwich, Planning Intern SUBJECT: Continuance of PZ-1-20 to a later date . Due to the extenuating circumstances imposed by COVID-19 and its effects on workplaces, the applicant, Apache Junction 772, LLC, is still unable to provide the necessary additional information needed to review PZ-1-20 . In consideration of these circumstances and the difficulties caused by the current pandemic, Staff recommends the indefinite continuance of PZ-1-20 until a later, undetermined date . Please see the attached e-mails . The necessary public hearings will be rescheduled and advertised, and all neighbors will be notified once again prior to the next public hearing, in conformance with the state' s public hearing laws . Upon review of these circumstances, on April 14, 2020, the Planning and Zoning Commission voted unanimously to continue the case indefinitely to a later, non-specific date . 7 W_ 44�A -4 Prepared by Nicholas Leftwich Planning Intern Attachments : Correspondence E-mails with the Applicant Planning&Zoning-Building &Safety-Revenue Development 300 E.Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 Rudy Esquivias From: Rudy Esquivias Sent: Thursday, April 02, 2020 6:39 PM To: Frank Dell'Armi (fdellarmi@msn.com); Greg Loper(greg.loper@hotmail.com) Cc: Nicholas Leftwich; Larry Kirch; Barbara Kelly; Robina Shultz; Lesley Castillo Subject: Continuation of rezoning case PZ-1-20 Old West Highway Village Attachments: PZ-1-20 Old West Highway Village Review Comments Hello Frank and Greg: This e-mail follows up on the conversation we had on Tuesday, March 31. As you recall, I had left you a message on Monday asking for a status on certain requested exhibits and submittal items, in anticipation of needing review time of said items before our scheduled P&Z meeting on April 14 (continued from the March 10 P&Z meeting). See Nick's e-mail from February 12 (attached) wherein he specified the items needed to make the rezoning submittal complete. I believe the following bullet points highlight our discussion and game plan for the near term: • Frank and Greg ("applicants") stated that they do want to move forward with rezoning and that Old West Highway Village is still a very viable project; • Applicants are in the process of changing out their design team; • With the current COVID situation, it has been very difficult to get ahold of people, very few people working in offices, everything is slow right now; • Rudy mentioned that the first continuance request (requested at Feb 25 P&Z meeting) was staff's suggestion and we did not charge applicants a $250 continuance fee; • Second continuance request (requested at March 10 P&Z meeting) was applicants', because they were still lacking exhibits, and we do need to collect a $250 continuance fee, which we have not yet done; • Because of the current extraordinary circumstances, Rudy suggested we kick everything out to the summer, when hopefully things have gotten more or less back to normal; • Suggested I go to P&Z on April 14 and City Council on May 5 (currently scheduled public hearing dates) and request another continuance (no fee), but to a non-specific date; • The idea is to give applicants time to work with their new design team and develop proper exhibits, then when ready, submit new exhibits to staff for review; • When project is ready to move forward, staff will establish new public hearing dates, advise applicants of such and applicants will submit payment for new public hearings ad and mailings; • Applicants will advise their clients/property owners about the new game plan. I believe that covers what we discussed. If I missed something, please let me know. The only thing we need from you in the next couple of business days is for you to please catch up on the one $250 continuance fee. Please contact Lesley at 480-474-5097 or Robina at 480-474-5091 on Monday or Tuesday, to remit said payment by debit or credit card over the phone. Thanks guys and we'll talk to you real soon. dRAd#.05qULVICL i Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquiv' as@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) 1 Rudy Esquivias From: Nicholas Leftwich Sent: Wednesday, February 12, 2020 4:26 PM To: 'fdellarmi@msn.com' Cc: 'greg.loper@hotmail.com'; Sidney Urias Subject: PZ-1-20 Old West Highway Village Review Comments Attachments: 1st Review Comments - Old West Highway Villa.pdf Hello Frank, Following our review of the application and staff discussions we have prepared the attached planning comments. Please note the requirement for a comment response letter containing comments addressing staff concerns and providing explanations for questions where relevant. Prior comments from the pre-application review process are still applicable and should be addressed where they have not already been so. If you have any questions regarding our comments or requirements, please let me know and we will address them promptly. Thank you, Nicholas L ftis;ch Planning Intern City of Apache Junction 300 E.Superstition Blvd Apache Junction,AZ 85119 480-474-5491 I71Cllbi IC hCC4L'C:SY.nCr 1 �= City of Apache Junction y Development Services Department Date: 2/12/2020 - FIRST REVIEW COMMENTS Project Name: Old West Highway Village(Rezone/PD) PLEASE NOTE:A COMMENT RESPONSE LETTER 15 REQUIRED UPON NEXT SUBMITTAL Planning Comments (Staff Contact: Nicholas Leftwich—480-474-5491) 1) Narrative: a. Please update the narrative to note the composition of the units, such as the bedroom count and floor count.The current narrative describes only one and two story housing which is not reflected in the site plan or building elevations. b. Amenities are mentioned within the narrative, but nothing further is described or shown. Please provide further information,additional comments may be forthcoming. c. Provide a zoning deviations table within the narrative. d. Page one error: Please correct"RM-12 PD" to read as"RM-2/PD." e. Please confirm that this will NOT be an age restricted community.Age restricted communities will not receive a recommendation from Staff. 2) Site Plan: a. Staff recommends pavers at main entry. Please update the proposed site plan upon next submittal. b. Label Building Setback Lines,street widths, parking dimensions, turning radii,and all other appropriate dimensions on the plans. c. Provide parking calculations Without a reference to bedroom count there is no reference whereon staff can base parking requirements. a. A trail network shall be provided between buildings and throughout the open space. Please update the site and landscape plans accordingly. Please provide a trail cross section on supporting exhibits.The trail system shall also connect to the existing wash found to the east of the property Please contact staff if further clarification is needed. 3) Landscape Plan: a. No landscape plan was included in the submittal. Please provide a colored landscape plan reflecting the details in provided in the landscaping details. b. Provide Monument exhibits upon next submittal.Additional comments may be forthcoming. c. Provide colored wall exhibits upon next submittal A minimum of three(3) material types should be used in the design of the walls fronting Old West Highway,such as but not limited to CMU Cap,CMU,and Split Face CMU.Columns shall be located every 150' fronting major arterials d. Provide an amenity furnishing site package upon next submittal. e. Provide mailbox exhibits upon next submittal Mailboxes shall be architecturally integrated into the site f. Light pole exhibits are required.Staff recommends poles not to exceed 15' in height.All lighting features will need to be down-lit and shielded. 4) Elevations: a. Please provide height and proposed material labels on elevations, b. Please provide a pop-out exhibit. Recessed windows are recommended. Please provide window and pop-out exhibits upon next submittal. c. What is the proposed ceiling height? d. Sconce/entry lights are recommended for all units. Please update elevations and provide detail. Plcnrning& Zoning—Building &Safety— Code Compliance-Reverme Development 300 C Superstition Boulevard • Apache!unction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 l 5) Provide floor plan exhibits upon next submittal. 6) Provide Color and Materials board upon next submittal. Please note further comments may be forthcoming. 7) Provide photometric plan upon next submittal. 8) Reminder. HVAC units shall be fully screened from public view. 9) Process:The proposed request will be considered at the Planning Commission and City Council. Building Safety Comments (Staff Contact: Dave Zellner—480-474-5084) 1) Reminder: 2018 IRC have been adopted since the pre application meeting. Plannhgg&Zoning—Building et-Safety—Cade Compliance -Revenue Development 300 E. Superstition Boulevard -Apache Junction,AZ 95119 - Ph (480)474-5083 - Fax(480)982-7010 2 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. 'Piz File ID: 20-193 Sponsor: Joel Stern and Emile Schmid Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion and consideration of settlement, release and temporary construction easement agreement between City of Apache Junction and Sunrise Shadows Homeowner's Association related to storm water drainage maintenance. City of Apache Junction,Arizona Page 1 Printed on 611512026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: May 5, 2020 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: SUNRISE SHADOWS HOMEOWNERS ASSOCIATION STORMWATER DRAINAGE SETTLEMENT, RELEASE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT; OUR FILE NO. 20-014 The proposed agreement between City of Apache Junction and Sunrise Shadows Homeowners Association ("HOA") settles the parties' ongoing dispute relating to who is responsible for cleaning out the on-site drainage pipes and channels in the subdivision located south of Broadway Avenue down to the northwest corner of 121h Avenue west of San Marcos Drive. In October 1998, the mayor and city council approved the preliminary plat for the Sunrise Shadows 48-lot subdivision and approved the final plat in March 2000. During the pre-plat process, drainage was a significant topic of discussion. The street dedication and drainage easement language in the plat, covenants/conditions/restrictions ("CC&Rs" § 9.06), and a subdivision public report dated June 9, 2000, required the HOA to maintain the tracts for stormwater purposes and pay for such maintenance. Years went by with the HOA management company and/or its successors not appropriately maintaining the stormwater drainage tracts which eventually allowed sediment to build up underneath the 11th Avenue crossing, which in turn caused blockage and diversion of the flow onto 11th Avenue going west and then entering numerous homes south of 11th Avenue (see attached photos taken in September 2019). Late last year, staff met with some very concerned residents and HOA members wherein there was a disagreement over the maintenance responsibility. After some discussions, the city offered to provide a one-time sediment removal and channel improvement effort with the understanding future maintenance will be routinely performed by the HOA to avoid the blockage. The settlement, release and temporary construction easement accomplishes this goal. If approved, city crews will begin the channel improvements on or after June 1, 2020 with completion accomplished by July 30, 2020. The Corona virus pandemic may necessitate a later deadline, but staff is currently committed to this time period. The HOA is also releasing the city from any liability incurred as a result of any improvements made and is acknowledging its duty to maintain the channels and cleaning of the pipes underneath 11t" Avenue. The new HOA management company is called Sentry Management and will ensure the HOA follows through with as-needed sediment removal. The estimated cost for the city work is approximately $10,000.00. Air- R. Joel Stern City Attorney Attachment 2 Sunrise Shadows — Drainage Issues FIGURE 1—Apparent Sediment Origin �. AZ Zip ►' 85120 r 1 Sub or Condo Name ` SIERRA ENTRADA GARDEN HO •� ' Zoom to 45 T ` y1i1h11L 1u11511y0 i FIGURE 2—Sediment clogged culverts at 111"Avenue at Sunrise Shadows (City Right of Way) FIGURE 3— Flooding at Lot 43 Sunrise Shadows PAO• ' r:2 11 1 SETTLEMENT, RELEASE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUNRISE SHADOWS HOMEOWNER'S ASSOCIATION RELATED TO STORM WATER DRAINAGE MAINTENANCE THIS SETTLEMENT, RELEASE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT("Agreement") is entered into this day of May, 2020 ("Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SUNRISE SHADOWS HOMEOWNERS ASSOCIATION ("HOA") (the City and HOA.collectively being referred to throughout as the "Parties" or individually as a"Party"). RECITALS A. HOA is the governing body of the.Sunrise Shadows subdivision as depicted in Exhibit A (the `.`Property"). HOA was formed after the developer of the property in 1999 sought and received approval of rezoning and a 48-lot final subdivision plat from City (the "Plat") recorded at Instrument No, 2000-015088, Official Records of the Pinal County Recorder.The HOA is governed by the Declaration of Homeowners Benefits and Covenants, Conditions, and Restrictions for Sunrise Shadows recorded at Instrument No. 2000-021265 in the Official Records of the Pinal County. Recorder (the "Declaration"). Capitalized terms not otherwise defined herein shall have the meaning set forth in the Declaration. B. For purposes of this Agreement, "HOA shall only refer to the Association and not to the.individuals that are Members of the Association, as that term is defined in the Declaration, or to any other persons or entities. C. The Declaration at Article V and the dedication statement on the Plat at Exhibit A require the HOA to maintain tracts for drainage purposes (pertinent HOA tracts being depicted in Exhibit B). D. City owns right-of-way ("ROW") that has been dedicated to the public, also shown on Exhibit A. E. The Parties have agreed in this Agreement that City will provide one-time drainage tract maintenance service for HOA to clean and unimpede storm water flow through the subdivision. F. This Agreement sets forth the respective rights, duties and obligations, resolves all claims and,differences that may currently exist between the Parties, releases City from other claims or other matters that may not be specifically setforth hereinafter, and grants a temporary construction easement.to City to complete the one-time drainage maintenance service. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and for other good. and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties voluntarily and knowingly agree as follows: 1. Consideration. Upon execution of this Agreement, and in consideration for each of the terms of this.Agreement, the Parties agree that the legal consideration is HOA's promise not to file any claim, lawsuit or other action against the City in relation to the matters set forth herein as described in Section 2, below, and grant of a temporary construction easement to the City as detailed herein, in exchange for the one-time drainage maintenance services described in Section 9. 2. Release and Covenant Not To Sue. For purposes of this Agreement, "Released Parties" means: current, past, or future agents, attorneys, insurers, council members, elected officials, employees, subsidiaries, or affiliated entities of City. HOA, by and for itself only, agrees to release and forever discharge City and the Released Parties from any and all claims,demands, damages, causes of action, property takings, or diminution of value arising out of or related in any manner to drainage failures and flooding in the Sunrise Shadows subdivision that previously existed or that exist as of the date of this Agreement. This release does not pertain to, release, or otherwise impact any past, present; or future claims of the individual Members of the. HOA against the City or the Released Parties that may exist, and shall only be interpreted to release past and presently existing claims of the Sunrise Shadows Homeowners Association. 3. Provision for Unknown Claims. HOA warrants that it does not have any claim,charge, or complaint, either formal or informal, pending against the City or any of the Released Parties with any court, tribunal, administrative agency, governmental agency,or other such body. 4. Diminished Value Waiver. HOA agrees, understands and acknowledges that City is entering into this Agreement in good faith, and further with the understanding that, if City acts consistently with the terms and conditions herein, City will not be subject to a claim for diminished value of the Property from HOA. HOA,and its successors and assigns, intend to allow encumbering the Property with the following: HOA agrees and consents to all the conditions imposed by this Agreement, and by signing this Agreement waives any and all past and presently existing (as of the date of this Agreement) claims, suits, damages, compensation and causes of action HOA may have now under the provisions of A.R.S. §§ 12-1134 through and including 12-1136. (but specifically excluding any provisions included therein relating to eminent domain) .and resulting from the actions of City and execution of this Agreement, any "land use law" permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. HOA acknowledges and agrees to the terms and conditions set forth in this Agreement, and to all actions of 2 City in furtherance hereof which cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement. 5. HOA Maintenance and Responsibilities. The HOA agrees and understands that pursuant to the subdivision statement of dedication on the Plat, it is required to perform all storm water maintenance (removal of sediment and vegetation that impedes water flow)for Tracts A, B,.C,and E,for open space and retention purposes and further agrees it will manage this responsibility by causing HOA dues to be reserved for such storm water drainage; maintenance costs. HOA further acknowledges the storm water pipes crossing under 10th and 11th Avenues connecting the respective drainage tracts are included in this maintenance responsibility and shall be cleared on an as-needed basis (but at least once a year), so that storm water may flow unimpeded through the subdivision. HOA further acknowledges that failure to maintain the impacted HOA tracts and pipes underneath the 10th and .11 th Avenue ROWS may. contribute to similar or more severe storm water inundation effect than that which is currently occurring in the subdivision. 6. Bar. The Parties understand and acknowledge that this release forever bars HOA from suing or otherwise asserting a claim against the City that arises out of or relates to the subject matter of this Agreement, on the basis of any event occurring on or before the Execution Date of this Agreement, whether the facts are now known or unknown,and whether the legal theory upon which such claim might be based is now known or unknown. 7. Denial of Liability. No provision of this Agreements hall be construed as an admission by either Party of improper conduct,negligence,omission or liability. 8. Indemnification. HOA agrees to indemnify, defend and hold. City and the other Released Parties harmless from and against any and all loss, costs, damages or expenses,including attorney fees without limitation,arising out of a breach of this Agreement by the HOA, or the fact that any representation made herein by the HOA was false when made or from any and all flooding claims or lawsuits by the HOA. .9. City and HOA Obligations. A) Drainage_Maintenance Service. City shall provide one-time drainage maintenance of HOA's Tracts identified on the Plat at Exhibit A as Tract B (but only the portion adjacent to Lot 39),Tract C (but only the portion adjacent to Lot 39), and Tracts E and G and shown on Plat in Exhibit A. This maintenance shall be conducted from June 1, 2020 through July 30, 2020 and once completed the temporary construction easement noted below in subsection (B) shall automatically terminate. B) Temporary Construction Easement. HOA agrees this Agreement includes its grant of an exclusive temporary construction easement to City in order for City to complete the one-time drainage maintenance services on, under, upon and 3 across Property as described in this Agreement, all of which City is authorized to perform in its sole discretion. C) Specifications of Drainage Maintenance. i) City will excavate sediment and remove it from the identified HOA Tracts in subsection (A) above, and any accumulated sediment under and through City's ROW in HOA's drainage pipes. ii)City will remove vegetation as needed between 11 th and 12th Avenue in the north-south portion of Tract B adjacent to 927 W. 11 th Avenue and, depending on available access,the west channel side small block wall at the south end of Tract E noted in Exhibit B (green circle noted on map),or in its discretion, may remove one of the trees north of 11th Avenue to allow for.equipment access. HOA will replace the wall and tree at its own expense as per the original.1999 plat landscape plan and zoning requirements. iii)A twenty(20)foot section of HOA concrete sidewalk in the small park north of 11th Avenue may have to be removed by City and if so, HOA agrees it will pay for the cost of this replacementand will cause it to be completed as per the original 1999 plat landscape plan and zoning requirements. iv) The grass area in the same park noted above will also likely have to be replaced and if so, HOA agrees to pay for any such.cost and will cause it to be completed as per the original 1999 plat landscape plan and zoning requirements.. v) The rocks on the channel bottom will be removed as part of the excavation process. vi)Trees and,shrubs will also likely have to be removed in the identified drainage tracts if deemed to impede the flow. vii) The channel south of 11 th Avenue (Tract B) is not accessible to heavy equipment. Consequently,as noted in subsections(ii)through (v)above, HOA acknowledges there will be rock, tree, landscaping area removal/disruption and HOA agrees it will pay for the cost of landscaping replacement and will cause such replacement to be completed as per the original 1999 plat landscape plan and zoning requirements. viii) The timing. for required replacement. of improvements by HOA noted above shall be within six (6) months after City service is completed and verified by City. 10. Construction. and Interpretation. This Agreement is the result of negotiations between the Parties, and the terms and provisions hereof shall be interpreted and construed in accordance with their usual and customary meanings. The captions or headings of sections or subsections of this Agreement are for 4 purposes of reference only and shall not limit or define the meaning of any provision of this Agreement. The provisions of this Agreement shall not be construed against any particular Party. 11. Mutual Understandings. This Agreement has been freely and fairly negotiated by the Parties hereto_and each Party has been provided the opportunity to have the Agreement reviewed by legal counsel of their choice and own expense and to modify the terms hereof and, therefore, this Agreement shall be construed and interpreted without any presumption, or.other rule, requiring construction or interpretation against the interest of the party causing this.Agreement to be drafted. The Parties further understand and agree that there are no guarantees or warranties as to reduction of flooding as a result of the one-time drainage maintenance service provided by City. 12. Complete Agreement. This Agreement sets forth the entire Agreement between the Parties. 13. Applicable Law and Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law:providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all.costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 14. Severability. City and HOA 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 any applicable laws,the Parties further shall perform all I acts and execute, I acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 5 15. Time is of the Essence.Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement 16. Recordation. The Parties agree that City shall record this Agreement with the Pinal County Recorder's Office at its own expense on all affected parcels and tracts in the subdivision. 17. Conflict of Interest. The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 18. Entire Agreement. This Agreement and any attachments represent the entire agreement between City and HOA and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. Waiver of Terms and Conditions. The failure of City or HOA to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first above written. HOA: Sunrise Shadows Homeowners Association l� Fa n Fajen Date President CITY: City of Apache Junction, an Arizona municipal corporation Bryant Powell Date City Manager 6 APPROVED AS TO FORM: 4V *20,26 Richard J. Stern City Attorney 7 EXHIBIT A CHPV 0003 spb 12/27/99 10:39:53 spb S:\SVY\CHPV0003\ChO3plt l .dwg I R O N W 00 D N o0•03'00"w D R I V E - 2640.92 r 4 pq =4 4 2 o m I N I119 I rJ��l7�� At,�I, lJ��A7 co = o p �> > > u, o I Aft, "A", Pa. 113, PXIA. 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N u+?0 [�' I 4 I o z F1= > cn � r7{� v'_v� � > l S =v, z w+ -� $� "� MARC • • 40 NRI R z li .xv E 0 4 Z )p r, > ::j Ila* Ep a 49 z o n ? w A>.P.Ml *I v Z -0 m '`p > » � O ao 1 't� O to <:. 4 C)H > I A 9 00 "a t C • 0 2 co O N �' 0 Cn 0 Z R �,119 ., OD00 Un 0�x Cl 18AN0 A 0 A 0 r' N a 0 8 o z a °° (n a0 EXHIBIT B 1200 1100 1000 pt m + vC , d 13 3 NE Z , Al* a) o O 7 0 m o � M• a C� o z - o o o N —N f 1 � ,• - 1 ! Cf) i m F a AL A4 lad 0 r "r • N Wjr f G11 CD o Da • s y 1 � .��. 1. w� P'J� y C O � � r 4 � �r_ � � �•j W n oe o _ r_ N y l fi• T rr■7 O O . I 1 0 1200 1100 1000 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. '+PizoN* File ID: 20-216 Sponsor: Raquel Schatz Agenda Date: 5/19/2020 Index: In Control: City Council Meeting Presentation, discussion and possible consideration of approval of an Intergovernmental Agreement with Arizona Department of Transportation (ADOT)for the design and construction of sidewalk improvements on Old West Highway from Idaho Road to Goldfield Road and on Winchester Road from 6th Avenue to Old West Highway. The total cost of this project is $1,967,401.00 with federal funds to pay for$1,826,970.00 and city funds to pay for $140,431.00. City of Apache Junction,Arizona Page 1 Printed on 611512026 Public Works Department I; Home of the Superstition Mountains �11 lC•' � iiii MEMORANDUM Date: April 8, 2020 To: Mayor and Members of City Council Through Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Old West Highway Pedestrian Improvement Project REQUEST The City has pursued a utilization of the federal-aid funds for sidewalks on Old West Highway between Idaho and Goldfield Roads and on Winchester Road between Old West Highway and the 6th Avenue alignment. BACKGROUND The city applied for construction funds through MAG's Active Transportation Committee in 2017 for construction to occur in 2021. Upon award in 2017 the project then became elgible to apply for MAG close out funds for December in October of 2019. However the Intergovernmental Agreement needs to be executed between ADOT and the City and the City's funding needs to be paid prior to June 1st, 2020. DISCUSSION ADOT Project Management & Design Review (PMDR) (FY21) City's Match: $ 30,000 Scoping/Design (FY20) Federal-aid Funds $ 365,413 City's Match: $ 22,087 Subtotal — Scoping/Design $ 417,500 Construction (FY22) Federal-aid Funds: $1,461,557 City's Match: $ 88,344 Subtotal — Construction $1,549,901 Total (Design and Construction) Federal Funds (CMAQ) $1,826,970 Total Estimated City Funds $ 140,431 Total Estimated Project Costs $1,967,401 575 E. Baseline Avenue, Apache Junction, AZ 851 19 • Voice (480) 982-1055 • FAX (480) 982-8005 Public Works Department 4 01141409e4 &&A%� Home of the Superstition Mountains 5. f� RECOMMENDATION The Public Works Department is requesting City Council approval of the new Joint Project Agreement (JPA) / Intergovernmental Agreement (IGA) with ADOT which will provide both design services and construction funding for the Old West Highway Sidewalk Improvement Project. ACTION REQUIRED Review, discussion, and consideration of the proposed IGA at the May 4t", 2020 Working Session with consideration at the May 19t", 2020 Regular Session. Attachment: IGA & Exhibit A 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 20-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE OLD WEST HIGHWAY AND PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") for a sidewalk improvement project on Old West Highway between Idaho and Goldfield Roads and Winchester Road between Old West Highway and the 6th Avenue Alignment (the "Project") ; and WHEREAS, the City acquired federal-aid funds to construct the Project; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written agreement in the form of an IGA which formalizes the arrangement; and WHEREAS, the attached written agreement ("IGA/JPA 20- 0007697-I") sets forth the financial and administrative conditions for the project; and WHEREAS, federal-aid funds will contribute $1, 826, 970 and the City $140, 431 towards design and construction for the project; and RESOLUTION NO. 20-18 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the attached form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-18 PAGE 2 OF 2 ADOT CAR No.: IGA 20-0007697-I AG Contract No.: P001 00xxxx Project Location/Name: Old West Hwy, Idaho Rd to Goldfield Rd Type of Work:Pedestrian Improvements Federal-aid No.:APJ-0(217)T ADOTProjectNo.: T0242 01D/03D/01C TIP/STIP No.:APJ20-803D,APJ22-804C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date______ pursuant to the Arizona Revised Statutes ("A.R.S.")§§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA,acting by and through its DEPARTMENT OF TRANSPORTATION(the"State"or "ADOT") and the CITY OF APACHE JUNCTION,acting by and through its MAYOR and CITY COUNCIL(the "City").The State and the City are collectively referred to as"Parties." I. RECITALS 1. The State is empowered by A.R.S.§ 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by A.R.S. §48-572 to enter into this Agreement and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of the installation of sidewalks and curb &gutter along Old West Highway from Winchester Road to Goldfield Drive,and Winchester Road from Old West Highway south to the 6th Street alignment, (the"Project").The State will administer the design, and advertise,bid, award and administer the construction phase of the Project. 4. The interest of the State in this Project is the acquisition of federal funds forthe use and benefit of the City and authorization of such federal funds forthe Projectpursuant to federal law and regulations. The State shall be the designated agent for the City for the Project,if the Project is approved by Federal Highway Administration (FHWA)and funds for the Projectare available. Page 1of9 IGA 20-0007697-I THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Projectwill be performed, completed,accepted and paid for in accordance withthe requirements of the Project plans and specifications. b. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and in such case,the City is responsible for,and agrees to pay,any and all actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Proj ect by the State. The City acknowledges it remains responsible for,and agrees to pay according to the terms of this Agreement, any and all actual costs exceeding the final bid amount. c. The City and ADOT will each separately file a Notice of Intent (NOI) under the Construction General Permit(CGP)with the Arizona Department of Environmental Quality (ADEQ)before construction begins, if applicable to the Project. 2. The State will: a. Execute this Agreement, and if the Project is approved by FHWA and funds for the Projectare available,be the City designated agent for the Project. b. After this Agreement is executed,and prior to performing or authorizing any work, invoice the City forthe initial Project Development Administration (PDA)costs, estimated at $30,000.00 and the initial design costs,estimated at$22,087.00. If PDA and/or design costs exceed the initial estimates during the development of design, notify the City,obtain concurrence prior to continuing and invoice as determined by ADOT and the City for additional costs to complete development of the Project.After the Project development costs are finalized invoice or reimburse the City forthe difference between actual development costs and the amount the City has already paid for development. c. After receipt of the PDA costs and the City estimated share of the Project design costs, on behalf of the City,prepare and provide all documents pertaining to the design and post-design of the Project,incorporating comments from the City,as appropriate. Review and approve documents required by FHWAto qualify the Project for and to receive federal funds. Perform tasks that may consist of,but are not limited to, preparation of environmental documents; analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right-of-way activities related to ADOT Oversight and Stewardship Agreement with FHWA;preparation of reports, design plans, maps, specifications and cost estimates and other related tasks essential to the development of the Project. Page 2of9 IGA 20-0007697-I d. Submit all required documentation pertaining to the Projectto FHWAwith the recommendation that the maximum federal funds programmed for this Project be approved for scoping/design. After receipt of FHWA authorization, proceed to advertise for and enter into contract(s)with the consultant(s) for the design and post design of the Project.Should costs exceed the maximum funds available,it is understood and agreed that the City will be responsible for any overage. e. After completion of design and prior to bid advertisement, invoice the City for the actual PDA costs,as applicable, and the City's share of the Project construction costs,estimated at$88,344.00. After the Project costs for construction are finalized,the State will either invoice or reimburse the City for the difference between estimated and actual costs.De- obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. f. After receipt of the actual PDA and design costs,if applicable,and the City's estimated share of the Project construction costs, submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved.Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. g. After receipt of FHWA authorization,proceed to advertise for,receive and open bids award and enter into a contract with the firm forthe construction of the Project.If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract.After the Project is awarded, invoice the City forthe difference between estimated and actual costs, if applicable. h. Notify the City of substantial completion and final acceptance of the Project.At such time, file a Notice of Termination (NOT)with ADEQ transferring CGP responsibilities to the City,and provide a copy to the City indicating that the State's maintenance responsibility of the Project is terminated, as applicable. i. Notify the City of substantial completion and final acceptance of the Project;coordinate with the City and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project,should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The City will: a. Designate the State as the City's authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs, estimated at $30,000.00 and the initial design costs,estimated at$22,087.00. c. Agree to be responsible for actual PDA costs,if during the development of design, PDA costs exceed the initial estimate. Be responsible and pay for the difference between the estimated and actual PDA and design costs of the Projectwithin 30 days of receipt of an invoice. Page 3of9 IGA 20-0007697-I d. Review design plans, specifications,cost estimates and other such documents required for the construction bidding and construction of the Project,including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. e. After completion of design, within 30 days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, any outstanding PDA costs and design costs and the City's share of the Project construction costs,estimated at$88,344.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project,within 30 days of receipt of an invoice. f. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, that are not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. g. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature,either above or below the surface of the Project area, shall be removed from the proposed right-of-way,or will be removed prior to the start of construction,in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies;49 CFR 24.4 Assurances, Monitoring and Corrective Action,parts (a) &(b)and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City,if applicable. h. Certify that the City has adequate resources to discharge the City's real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201). i. Not permit or allow any encroachments on or private use of the right-of-way,except those authorized by permit. In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use. j. Automatically grant to the State, by execution of this Agreement, its agents and/or contractors,without cost,the temporary right to enter City rights-of-way,as required, to conduct any and all construction and preconstruction related activities for the Project, on,to and over said City rights-of-way.This temporary right will expire with completion of the Project. k. Investigate and document utilities within the Projectlimits; submit findings to ADOT determining prior rights or no prior rights; approve an easement within the final right- of-way to re-establish the prior right location for those utilities with prior rights. Page 4of9 IGA 20-0007697-I 1. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Projectcosts. Be responsible forthe costof any City requested changes to the scope of work of the Project,such changes will require State and FHWA approval. Be responsible for any contractor claims foradditional compensation caused by Project delay attributable to the City.Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. m. After notification of final acceptance by the State,assume and maintain full responsibility of the Project,including Storm Water Pollution Prevention Plans (SWPPP) inspections, maintenance, and required documentation,until final stabilization is reached. Provide the NOI number to the State and the Contractor,accept CGP responsibilities at time of transfer, and file an NOT withADEQ when final stabilization is reached,as applicable. n. After completion and final acceptance of the Project,agree to maintain and assume full responsibility of the Projectand all Project components. o. Pursuant to 23 USC 102(b),repay all federal funds reimbursements forpreliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within 10 years after federal funds were first made available. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. Any change or modification to the Projectwill only occur with the mutual written consent of both Parties. 3. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Projectand all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual, unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract,so long as the cancelling Party provides at least 30 days'prior written notice to the other Party.It is understood and agreed that,in the event the City terminates this Agreement, the City shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 5. The City shall indemnify,defend,and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the "State") from any and all claims,demands, suits, actions,proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the"Claims"),which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by,arising out of,or contributed to, by reasons of any alleged act,omission, professional error,fault,mistake, or negligence of Page 5of9 IGA 20-0007697-I the City,its employees, officers,directors,agents, representatives, or contractors,their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The City's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the City which may be legally imputed to the State by virtue of the State's ownership or possession of land.The City's obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction,incorporated into this Agreement by reference,in the State's contract with any and all contractors,of which the City shall be specifically named as a third-party beneficiary.This provision may not be amended without the approval of the City. 7. The cost of scoping, design, construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project,up to the maximum available. The City acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds. Therefore,the City agrees to pay the difference between actual costs of the Projectand the federal funds received. 8. Should the federal funding related to this Projectbe terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority,the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA,as applicable. 10. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the"Act").Additionally,in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act,as may be applicable. 11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The City acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS,TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds,federal grants, or federal awards) are required to comply by having an independent audit in accordancewith§200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. ADOT- FMS Attn: Cost Accounting Administrator 206 S 17th Ave.Mail Drop 204B Phoenix,AZ 85007 SingleAudit@azdotgov Page 6of9 IGA 20-0007697-I 13. This Agreement shall be governed by and construed in accordance with Arizona laws. 14. This Agreement may be cancelled in accordance with A.R.S. §38-511. 15. The City shall retain all books,accounts,reports,files and other records relating to the Agreement for five years after completion of the Project.These documents shall be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the City at the request of ADO T. 16. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding"Non-Discrimination." 17. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available.No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 18. In the event of any controversy,which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. §12-1518. 19. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 20. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §35-393.01. 21. The Parties shall comply with all applicable laws,rules, regulations and ordinances, as may be amended. 22. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically,in person, or sent by mail,addressed as follows: For Agreement Administration: Arizona Department of Transportation City of Apache Junction Joint Project Agreement Section Attn: Raquel C. Schatz 205 S. 17th Avenue,Mail Drop 637E 575 E.Baseline Avenue Phoenix,AZ 85007 Apache Junction,AZ 85119 JPABranch@azdot.gov 480.474.8549 RSchatz@ajcity.net For Project Administration: Arizona Department of Transportation City of Apache Junction Transportation Planning and Implementatior Attn: Raquel C. Schatz 205 S. 17th Avenue 575 E.Baseline Avenue Apache Junction,AZ 85119 Page 7of9 IGA 20-0007697-I Phoenix,AZ 85007 480.474.8549 602.712.6685 RSchatz@ajci , .net For Financial Administration: Arizona Department of Transportation AttCity: Raquel C. Junction Transportation Planning and Implementatior 575 Raquel C. Schatz 205 S. 17th Avenue 575 E.Baseline Avenue Apache Junction,AZ 85119 Phoenix,AZ 85007 480.474.8549 602.712.6685 RSchatz@ajcity.net .net 23. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 24. In accordancewith A.R.S. § 11-952 (D),attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By------------------------------ By------------------------------ JEFF SERDY STEVE BOSCHEN,PE Mayor Division Director ATTEST: By------------------------------ JENNIFER PENA City Clerk Page 8of9 Page 9 of 9 IGA 20-0007697-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. _____________________________________________________ _________________________________ City Attorney Date Page 1 of 1 EXHIBIT A IGA 20-0007697-I Cost Estimate T0242 01D/ 01C The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering (CE) and administration cost. The estimated Project costs are as follows: T0242 01D (ADOT Project Development Administration (PDA) Cost, non -federal -aid): PDA costs $ 30,000.00 T0242 01D (scoping/design): Federal-aid funds @ 94.3% $ 365,413.00 City’s match @ 5.7% $ 22,087.00 Subtotal – Scoping/Design/PDA $ 417,500.00 T0242 01C (construction): Federal-aid funds @ 94.3% $ 1,461,557.00 City’s match @ 5.7% $ 88,344.00 Subtotal – Construction* $ 1,549,901.00 Estimated TOTAL Project Cost $ 1,967,401.00 Total Estimated City Funds $ 140,431.00 Total Federal Funds $ 1,826,970.00 * (Includes 15% CE (this percentage is subject to change, any change will require concurrence from the City ) and 5% Project contingencies) Direction to Staff: 20-XXX Resolution 20-18: An Intergovernmental Agreement with Arizona Department of Transportation for Sidewalk Improvements on Old West Highway and Winchester Road. Department of Public Works May 19, 2020 By: Raquel Schatz Background •2017 MAG Awarded $1,549,901 for Construction in 2022 •Active Transportation Committee - CMAQ •2019 MAG Awarded $417,500 for full Design •Closeout Funds - CMAQ Resolution 20-18: Old West Highway Sidewalk Improvements •Design anticipated to begin fall 2020 •Duration: 18-24 months (ADOT process) •Construction anticipated to begin 2022 Schedule Improvements Resolution 20-18: Old West Highway Sidewalk Improvements Sidewalk Improvement Project •Old West Highway •Idaho Road to Goldfield Road •Winchester Road •Old West Highway to 6th Avenue (alignment) Project Location Improvements – Old West Highway Resolution 20-18: Old West Highway Sidewalk Improvements Existing Sidewalks •Detached Sidewalks •Meandering Non Existing Sidewalks •Proposed Sidewalks •Detached and Meandering OR •Attached by the Street Improvements –Winchester Road Resolution 20-18: Old West Highway Sidewalk Improvements Old West Highway to 6th Avenue •2011 CAC developed their campus, off site improvements included sidewalk, curb & gutter, and street lights along Winchester Road. •City entered into a Development Agreement with CAC to reconstruct Winchester Road from 16th Avenue to Old West Highway at a 60 (City):40 (CAC) split. •CAC did not construct the sidewalks, waiting until they build additional buildings on their property adjacent to the street. •Construction of sidewalk in this area will fill gap and have continuous sidewalks on both sides of Winchester Road from Southern Avenue to Old West Highway. Cost Share ADOT PM & Design Review City’s Match:$ 30,000 Design Federal-aid Funds:$ 365,413 City’s Match:$ 22,087 Subtotal – Design $417,500 Construction Federal-aid Funds:$ 1,461,557 City’s Match:$ 88,344 Subtotal – Construction $1,549,901 Construction Federal Funds (CMAQ)$ 1,826,970 Total Estimated City Funds $ 140,431 Total Estimated Project Costs $ 1,967,401 Resolution 20-18: Old West Highway Sidewalk Improvements The Public Works Department recommends APPROVAL Timing is extremely crucial as execution and payment needs to be done prior to June 1st, 2020. Resolution 20-18: Old West Highway Sidewalk Improvements Staff Recommendation 20-XXX Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-218 Agenda Item No. 12. Agenda Date: 5/19/2020 Sponsor: Larry Kirch In Control: City Council MeetingIndex: Presentation, discussion, and consideration of approval on proposed changes to the agreement template for awarded Health and Human Services funding. Page 1 City of Apache Junction, Arizona Printed on 6/15/2026 Planning & Zoning – Building & Safety – Revenue Development 300 E. Superstition Boulevard  Apache Junction, AZ 85119  Ph: (480) 474-5083  Fax (480) 982-7010 City of Apache Junction Development Services Department DATE: April 22, 2020 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director Heather Patel, Program and Resource Manager FROM: Heather Patel, Program and Resource Manager Health and Human Services Commission SUBJECT: Agreement for Health and Human Services REQUEST Presentation, discussion, and consideration on proposed changes to the fiscal year 2020-2021 Agreement for Health and Human Services. BACKGROUND The city created a Health and Human Services Commission to assist with allocating funds and executing an agreement between non-profit agencies and the city to address health and human service needs. Ordinance 659 adopted in November 1988 outlines the reporting requirements, documentation, and procedures for such funds. Section 1, subsection 3, indicates all city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents. DISCUSSION In preparation for funding recommendations to the city council for fiscal year 2020-2021, the commission reviewed the standard agreement and proposes the following changes: 1. Date changes for the appropriate fiscal year throughout the document. 2. Insert a detailed description of the scope of work including what the agency will provide and what the city will require. 3. Removal of sections which indicate only service can be provided to city residents with extensive requirements for proof of residency. 4. Adding clarification of the dates for filing reports. 5. Remove requirements for reporting from mail to e-mail submittals. While also clarifying what will need to be submitted with the reports customized to the agency and project. 6. Clarified payment will be received upon the completion of quarterly reports demonstrating work was completed. Funding is reimbursable and therefore no refund will be required. Planning & Zoning – Building & Safety – Revenue Development 300 E. Superstition Boulevard  Apache Junction, AZ 85119  Ph: (480) 474-5083  Fax (480) 982-7010 7. Require representation at the Apache Junction Community Resource Center, Health and Wellness Expo, and Project Connect events. 8. Updating the city contact person information. 9. Minor grammatical corrections. 10. Although subcontractors may not be used, the city may pay partial payment only on work performed as outlined under Section 1.H. Staff presented the recommendations set forth by the commission on March 16, 2020. During this presentation a few items were identified by the council for consideration.  A question was asked about payments. The city ordinance indicates the following: “All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council”. Therefore, under the current ordinance, the executed agreement may outline under which quarters funds will be expended. It is not a requirement for all payments to be equally dispersed through the quarters.  Can there be a clause in the agreement which allows for site visits. The following clause is proposed: “Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or staff during the contract period. The commission will be reviewing and discussion the funding requests in May with recommendations brought forth to the city council in June. All agreements are intended to be executed by July 1, 2020. RECOMMENDATION Staff respectfully recommends the city council receive a presentation, discuss the proposed changes, and approve the agreement with any identified revisions. ATTACHMENTS Attachment 1: Agreement redlined with proposed changes. AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND ___________________________ FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this_____day of ________, 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (“City”), and __________________________________, a health and human services provider (“Services Provider”), under the City’s human services program, collectively referred to as the “Parties” or individually as a “Party”. RECITALS A. Pursuant to Apache Junction City Code, (“A.J.C.C.”) Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission (“the Commission”) has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On ____________________, the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the “Program”) for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of (“SOW”) pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards 2 and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER’S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents INSERT BASIC DESCRIPTION OF SCOPE OF WORK. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2020- 2021 to City on or before January 30, 2020. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 – September 30 on or before October 19, 2020 Quarter 2: October 1 – December 31 on or before January 20, 2021 Quarter 3: January 1 – March 31 on or before April 19, 2021 Quarter 4: April 1 – June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means 3 shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider’s failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $__________ for fiscal year 2020-2021 for SOW performance. B. Compensation shall be as follows _______________. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory 4 evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City’s general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY’S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER’S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider’s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Heather Patel, Program and Resource Manager City of Apache Junction 5 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider’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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider’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 a Services Provider’s acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and 6 they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider’s performance of the services retain Services Provider’s status as independent contractor. Services Provider’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 Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes “doing business in the City of Apache Junction” and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms 7 and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. CONFLICTS 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. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on 8 lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of §§ 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 Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider’s timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: ___________________________________, a 501(c)3 non- profit organization By: ___________________ Name: _______________________________ Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this_______day of __________ , 2020, by________________________ as ___________________________ of __________________________________, a 501(c)3 non-profit organization. ___________________________ My Commission Expires: Notary Public STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this______day of ________, 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 Exhibit A Detailed scope of work 12 Exhibit B Apache Junction City Code 06‐10‐2019 ARTICLE 2‐14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required; procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 13 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 14 Exhibit C Reporting requirements AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND ___________________________ FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this_____day of ________, 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (“City”), and __________________________________, a health and human services provider (“Services Provider”), under the City’s human services program, collectively referred to as the “Parties” or individually as a “Party”. RECITALS A. Pursuant to Apache Junction City Code, (“A.J.C.C.”) Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission (“the Commission”) has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On ____________________, the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the “Program”) for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of (“SOW”) pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards 2 and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER’S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents INSERT SCOPE OF WORK. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to only residents of the City and only as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver’s license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the “City Clerk”). Type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2020- 2021 to City on or before January 30, 2020. E. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system (“GIS”) at https://gis.ajcity.net/portal/home/. Post office box addresses nor business addresses shall not meet the 1. Local agency with physical presence. 2. % of project budget? 3. Time spent for staff and agency. 1. Report dates for clarity. 2. GIS verification is time consuming. 3. Why restrict submittal to hand deliver? 3 reporting requirements of this section. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 – September 30 Quarter 2: October 1 – December 31 Quarter 3: January 1 – March 31 Quarter 4: April 1 – June 30 F. Advise City in its report of the identification utilized (driver’s license, utility bill, etc.); submit to City typed or word processor quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. Submit to City typed or computer generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. G. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format 1. Must have a relationship with agency. 2. 3rd mention of residency requirement. 3. Electronic submittal OK. 1. Electronic submittal OK. 2. What are they reporting on? 4 in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. H. Any funds received from city not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement, and provide proof of such listing with every quarterly submittal. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider’s failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 1. All payments are done after SOW is complete. Thus no reimburseme nt to the city would be required. 1. Need more partnerships. 5 M. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $__________ for fiscal year 2020-2021 for SOW performance. B. Compensation shall be in quarterly payments of $__________. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City’s general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY’S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER’S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and 6 skill customarily exercised by reputable members of Services Provider’s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Kathleen Connelly, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 Heather Patel, Program and Resource Manager City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Provider shall not be compensated for proportional work performed. Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider’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. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, 7 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 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 Services Provider, its agents, and employees. Services Provider’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 a Services Provider’s acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider’s performance of the services retain Services Provider’s status as independent contractor. Services Provider’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 Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and 8 valid. Services Provider understands that the activity described herein constitutes “doing business in the City of Apache Junction” and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. CONFLICTS 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. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with 9 respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of §§ 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 Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider’s timely 10 filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: ___________________________________, a 501(c)3 non- profit organization By: ___________________ Name: _______________________________ Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PEÑA City Clerk 11 APPROVED AS TO FORM: RICHARD J. STERN City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this_______day of __________ , 2020, by________________________ as ___________________________ of __________________________________, a 501(c)3 non-profit organization. ___________________________ My Commission Expires: Notary Public STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this______day of ________, 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 12 13 Exhibit A Detailed scope of work 14 Exhibit B Apache Junction City Code 06‐10‐2019 ARTICLE 2‐14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required; procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 15 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 16 Exhibit C Reporting requirements Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-208 Agenda Item No. 13. Agenda Date: 5/19/2020 Sponsor: Matt Busby In Control: City Council MeetingIndex: Selection of dates, times and location for budget review/work session, public hearing and adoption of tentative and final budget for Fiscal Year 2020-2021. Page 1 City of Apache Junction, Arizona Printed on 6/15/2026 FY 2020 / 2021 BUDGET CALENDAR Date Action Required (Subject to Change) January 13, 2020 Distribute budget calendar to Department Directors January 31, 2020 Final submission of staffing changes (e.g. retirements, recruitments, reductions, additions, other known modifications) to Finance & HR. Submit goals & objectives to Finance. February 6, 2020 Budget workbooks to departments. February 20, 2020 Final date for submission of completed department budgets to Finance. February 24 thru March 12, 2020 Review department budget requests. Schedule follow-up meetings with departments and budget committee. March 10, 2020 Prepare preliminary FY 2020/21 revenue estimates; update monthly. April 23, 2020 Submit proposed budget to City Manager for review and recommendations. Meet with departments, if necessary. April 27, 2020 Budget narratives due to Finance. April 30, 2020 Submit budget to City Council and Departments. May 4 or 5, 2020 City Council to set time and dates for: Budget Work Sessions: June 1, 2020 thru June 18, 2020 Adopt Tentative Budget: Recommend June 15 or 16, 2020 Adopt Final Budget: Recommend July 6 or 7, 2020 May 11 thru 14, 2020 One on ones with City Council members. May 27, 2020 Resolution & Tentative Budget for Clerk/Attorney review. June 1 or 2, 2020* Public budget work sessions with City Council and Departments. Initial roll-out of budget to the Public. June 15 or 16, 2020* Public hearing and adoption of FY 2020/21 Tentative Budget by City Council. (Last date to meet legal requirements: July 20, 2020. Must be done on or before the third Monday in July {A.R.S. §42-17101}). June 17, 2020 Resolution & Final Budget for Clerk/Attorney review. June 17, 2020 First publication of FY 2020/21 Tentative Budget. (Must be published once a week for at least two consecutive weeks {A.R.S. §42-17103}). June 24, 2020 Second publication of FY 2020/21 Tentative Budget. (Must be published once a week for at least two consecutive weeks {A.R.S. §42-17103}). July 6 or 7, 2020* Adoption of FY 2020/21 Final Budget {A.R.S. §42-17105}. *Request Department Directors be present (possibly remote) Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-237 Agenda Item No. 14. Agenda Date: 5/19/2020 Sponsor: Bryant Powell In Control: City Council MeetingIndex: Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, June 1, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, June 2, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Page 1 City of Apache Junction, Arizona Printed on 6/15/2026