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HomeMy WebLinkAbout2024 04.02 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,April 2,2024 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA 1. 24-165 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 24-166 Consideration of approval of minutes of the regular meeting of March 19, 2024. Sponsors: Jennifer Pena Attachments: CCMIN 2024 03 19 MINUTES CRAFT 3. 24-125 Consideration of approval of award of contract to Econosmart Property Services LLC, dba Signature Projects for Artificial Turf at the Superstition Shadows Aquatic Center RFB Project No. P&R 2024-002 in an amount not to exceed $93,183.75. Sponsors: Liz Langenbach Attachments: Memo Cit Council Turf Artificial Turf Contract-Econosmart 4. 24-176 Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contact No. 234128ROQ in the amount of$541,931.20 plus 10% contingency for unforeseen change orders in the amount of$54,193.12 for a total project cost not to exceed $596,124.32. Sponsors: Ted Wolff Attachments: City Council Memo-SST23-18 Cactus RC A r2024. df Agreement SST23-18 Cactus.pdf City of Apache Junction,Arizona Page t Printed on 312712024 City Council Meeting Agenda April 2.2V24 5. 24-181 As required by Apache Junction City Code, Volume |. Chapter 3: Administration, Article 3-3: Department of the Finance, §§ 3-3-1 (C). the city manager io seeking ratification of the appointment ufAnge|ie Hawley to the position of Finance Director. Souomms: Matt Busby E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6' Proclamation designating the week of April 7 through April 13. 2024, as "National Library VVeok." Somrmxos: Jennifer Pena Attachments: 04 2024 National Lib 7. Proclamation designating the week of April 0 through April 12. 2U24, eo "Week of the Young Chi|d." Sponsors: Jennifer Pena Attachments: Week ofjhe Younq Child Proclamation 8, 24-174 Proclamation designating April 2O24aa"Fair Housing yWunth." Sponsors: Jennifer Pena Attachments: Council F. REGIONAL INTERGOVERNMENTAL UPDATES 9, 24-167 Brief summary of intergovernmental updates from mayor and counci|membene. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT 10. City Manager's Report. Sponsors. Bryant Powell 11, 24-1182 Introduction of new Finance Director,Ango|ieHawley. Smnrau:. Bryant Powell 12. Announcement of Current Events. Sponsors: Eli Richardson H. PUBLIC HEARINGS City vr Apache Junction,Arizona Page Printed onum712024 City Council Meeting Agenda April 2,2024 13. 24-178 Presentation, discussion, public hearing, and consideration of Resolution No. 24-03, declaring as a public record that certain document filed with the City Clerk and entitled "2024 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8: Landscape Regulations" authorized under Ordinance No. 1545, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Sponsors. Kelsey Schattnik Attachments: Resolution 24-03 Ordinance 1545 2024 Fence and Wall Regulations 3.20.24� 14. 24-177 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1545, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls and Article 1-8: Landscape Regulations, Section 1-8-6, Landscape Standards. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Sponsors: Kelsey Schattnik Attachments: Ordinance 1545 Resolution 24-03 2024 Fence and Wall Regulations 3.20.241 P-23-14-AM CC PH Memo(4.2.24) P-23-16-AM PZ PH Memo c2.27.24 15. 24-179 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1544, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume 1, Chapter 9: Health and Sanitation by repealing and replacing portions of Article 9-1: Property Maintenance Standards § 9-1-2 Definitions, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Sponsors: Kelsey Schattnik Attachments: Ordinance 1544 P-23-14-AM CC PH Memo 4.2.24 P-23-16-AM PZ PH Memo 2.27.24 1. OLD BUSINESS J. NEW BUSINESS City of Apache Junction,Arizona Page 3 Printed on 312712024 City Council Meeting Agenda April 2,2024 16. 24-1 33 Discussion and consideration of approval of the placement on the salary schedule of the newly created classification of Marketing and Communications Director. Pursuant to the 2023 City of Apache Junction Personnel Rules, Rule 6 Classification, Section 4 Creation, Abolishment and Reclassification of Positions, City Council approval is required for the classification of a position in Grade 42 and higher on the civilian salary schedule. This position will be in Management Services and report to the City Manager. Sponsors: Anna McCray Attachments: Staff Memo Mktg Comm Director 04.02.2024 Marketing and Comm Director Job Desc K. COUNCIL DIRECTION TO STAFF 17. 24-1 73 Presentation, discussion and direction to staff regarding proposed fee changes to the Apache Junction Public Safety Animal Control Fee Schedule-Article 4-3 and Public Safety Fee Schedule-Article 4-7. Sponsors: Michael Pooley Attachments: Memo-AC and Records�ed rated hike 2{24 Article 4 and Article 6 Revisions L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC N. ADJOURNMENT City of Apache Junction,Arizona Page 4 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-165 Sponsor:Jennifer Pena Agenda Date:4/2/2024 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-166 Sponsor:Jennifer Pena Agenda Date:4/2/2024 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of March 19, 2024. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,March 19,2024 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:01 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 6- Mayor Wilson Vice Mayor Schroeder Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Excused: 1 - Councilmember Nesser Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Ted Wolff, Public Works Director Liz Langenbach, Parks& Recreation Director Evie McKinney, Deputy City Clerk Sidney Urias, Planning Manager Kelsey Schattnik, Senior Planner Nicholas Leftwich, Planner D. CONSENT AGENDA Councilmember Soller moved,seconded by Councilmember Heck to approve the Consent Agenda. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes March 19,2024 Excused: 1 - Councilmember Nesser 1. 24-069 Consideration of acceptance of agenda. 2. 24-071 Consideration of approval of minutes of the regular meeting of March 5, 2024. 3. 24-087 Consideration of approval of Resolution No. 23-37, a Federally Patent Easement (FPE) Extinguishment of 7th Avenue (alignment)from Conestoga Road to Cortez Road for purpose of future development with the acknowledgement that current setbacks remain in place until the Utility Easements are Extinguished. 4. 24-089 Consideration of approval of Resolution No. 24-05, a Federally Patent Easement (FPE) Extinguishment of Roundup Street (alignment)for purpose of future development of undeveloped parcels inside the Apache Junction Town Home Development. 5. 24-139 Consideration of award of contract to Viasun Corporation for sidewalk and traffic signal pedestrian facility improvements at the intersection of Southern Avenue and Ironwood Drive. The work would be through Pinal County cooperative job order Contact No. 175623 in the amount of $267,793.64 plus at 10% contingency for unforeseen change orders in the amount of$26,779.36 for a total project cost not to exceed $294,573.00. Work will result in updated pedestrian facilities and compliance with Americans with Disabilities Act regulations. Work is planned to take place in the April-June 2024 time frame. 6. 24-150 Consideration of approval of Resolution No. 24-12 authorizing the city to terminate the agreement with Maricopa Regional 911 and to apply for and accept a reimbursement grant for costs associated with AT&T Telecommunications for equipment, maintenance and operations of the City of Apache Junction's Public Safety Answering Point. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 7. 24-10 Proclamation designating March 29, 2024, as "Vietnam War Veterans Day." Mayor Wilson read the Proclamation designating March 29, 2024, as"Vietnam War Veterans Day"and presented it to members of the VFW Post#9399 and#7968. Each veteran gave a brief introduction about their military history and time served and thanked the Mayor and Council for recognizing the day. Mayor Wilson also spoke of his experience during the war. 8. 24-138 Proclamation designating the week of April 2nd - 8th, 2024 as "International Dark Sky Week." Mayor Wilson read the Proclamation designating the week of April 2nd -8th, 2024, as "International Dark Sky Week." City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes March 19,2024 Senior Planner Kelsey Schattnik and Planning Intern Addison Kaufman accepted the proclamation. Mr. Kaufman thanked the Mayor and council for recognizing this event for the second year and gave an update on the Urban Night Sky Place initiative. F. REGIONAL INTERGOVERNMENTAL UPDATES 9. 24-073 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck shared that the 2024 Lost Dutchman Days event was the most successful year yet and raised $245,000.00 that was distributed to youth organizations within the city. He thanked city staff members for all their help before, during, and after the event. Councilmember Soller, Mayor Wilson and Councilmember Cross attended the grand opening of the NAU Workforce Building at Phoenix Mesa Gateway airport, where students will learn all areas of the hospitality industry. Mayor Wilson added that the building is expected to be completed by Fall 2024, and there will also be a restaurant there for students to have hands on experiences. He also stated there will be several new facilities opening at the airport over the next year and this will bring thousands of job opportunities. Mayor Wilson attended the Pinal County Fair and visited with the Apache Junction 4H group. Mayor Wilson announced up-coming events for March 23 and 24, 2024, the Thunderbirds will be putting on an aerial display and the Arizona Game and Fish Expo is taking place. G. CITY MANAGER'S REPORT 10. 24-074 City Manager's Report. City Manager Bryant Powell shared the success of the Lost Dutchman marathon on February 17, 2024. The total amount of participants went up by 11% and he recognized city staff for their efforts with this event. 11. 24-067 Presentation and discussion by Tony Smith from Pinal Partnership regarding new projects and future plans. Pinal Partnership President Tony Smith presented the purpose of the non profit organization and how it can help the cities in Pinal county. He went over past projects they have worked on including assisting in the 2022 transportation ballot election, partnered with the county to create interactive map viewers and printing updated wall maps. He also spoke about their current projects: renewing the existing 1/2 cent Transportation Maintenance Fund, Fall 2024 golf tournament and "Emerging Leaders Initiative"for 2024 with networking events and forums. 12. 24-104 Presentation and discussion with Mary Ann Przybylski, President/CEO of the Apache Junction Chamber of Commerce, on the operation of the local visitor information center. President/CEO of the Apache Junction Chamber of Commerce Mary Ann Przybylski gave an update on the Visitor Information center. She highlighted what the center provides and introduced the 11 volunteers that help run it. They had a steady increase in visitors from 2022 to 2023 for a total of 10,349, which includes local, out of state and foreign visitors. They also received 3,508 phone calls in 2023. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes March 19,2024 Councilmembers commended Ms. Przybylski for her efforts with the Visitor Center and all the events they hold for the city. 13. 24-077 Announcement of Current Events. Management Analyst Eli Richardson shared upcoming events: * Itty Bitty Olympics on Saturday, March 23, 2024, 10:30 a.m. - 12:00 p.m. at Flatiron Park *Easter Egg Hunt on Saturday, March 30, 2024, 8:00 a.m. - 12:00 p.m. at Prospector Park *Open House Meeting regarding the Road Maintenance and Improvement Fund on Tuesday, March 26, 2024, 5:00 p.m. -7:00 p.m. at the Multi-Gen Center located at 1035 N Idaho Rd, Apache Junction *For more information and to sign up for the weekly newsletter visit the city website at www.apachejunctionaz.gov H. PUBLIC HEARINGS 14. 24-163 Presentation, discussion, public hearing and consideration of Resolution No. 24-11, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-23-119-PZ, (applicant: Frances McGregor of Phoenix Metro Towing) authorized under Ordinance No. 1548 for a Planned Development Rezoning, repealing any conflicting provisions and providing for severability. Councilmember Johnson moved,seconded by Councilmember Soller that Resolution No.24-11 a resolution of the Mayor and City Council of the City of Apache Junction,Arizona,declaring as a public record that certain document filed with the City Clerk and entitled"Legal Descriptions And Zoning Conditions of Case No.P-23-119-PZ authorized under Ordinance No. 1548"be approved. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Excused: 1 - Councilmember Nesser Planner Nicholas Leftwich presented the following: BACKGROUND Parcels 102-20-014C & 102-20-014D are located approximately six-hundred-ten feet(610')from the northwest corner of Baseline Avenue&Tomahawk Road and are vacant, undeveloped properties. Originally both parcels were one combined parcel, but in 1989 the City annexed, rezoned, and acquired the south one hundred feet(100')of properties along Baseline, between Tomahawk and Royal Palm, to establish the right-of-way for Baseline Avenue. It was later determined that only the south fifty feet(50')of this area was required, and the remaining north fifty feet(50')was vacated and returned to private ownership, resulting in the creation of Parcel 102-20-014D. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes March 19.2V24 Although Parcel 1O2-20-814U has anexisting Manned Deve|opment(PD) Rezoning, there is no established development plan, and this proposed zoning action would replace the current PD with a new Ordinance. PROPOSALS P-23-119-PZ is a proposed planned development rezoning of approximately 5 gross acres currently zoned General Rural Low Density Single-Family Detached Residential("RS-G R")and Industrial by Planned Development(''B-5/PO'')to Industrial by Planned Deve|opment(^B-5/P0'') with a new planned development overlay to authorize the development of a towing company office and tow yard. The applicant proposes two buildings, an 11,800 square foot office building and a 6,400 square foot building to be used for fleet maintenance of the company vehicles. The rear half of the property would be an impound tow yard, proposed to be screened by a ten-foot (1U')wmU. PLANNED DEVELOPMENT REQUEST The applicant requests the use of a planned development to authorize the use of the office, vehicle maintenance bui|ding, and outside storage yard. In the B'5zuning diotriot, truck maintenance &servicing and outside storage requires the approval through either a Conditional Use Permit or through stated approval in a Planned Development(PD)ordinance, and as the property required a rezoning already the approval of this development plan is also requested through a PD at this time. The applicant has also requested the approval of the use of a ten-foot(10') perimeter wall, proposed would be located on the side and rear property lines. The city fence and wall regulations generally limit walls at the front of the property to eight feet(8') in height and require that awall over eight feet(8')would be placed at least ten feet(10') into the side and rear property lines. Staff supports this request as a matter of providing superior screening to the property than the basic standard generally enables. No deviation to the zoning land use or bulk regulations is requested in this proposal. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the oib/'a General Plan as "Commercial", while bordered by the"Light Industrial/Business Park and Industrial" land use designation on the east and west, the "High Density Residential" Land Use Designation to the north and the "Master Planned Community"to the south. The"Commercial" General Plan land use designation is generally designed for office, restaurant, retail, service industry type land uses, but although the proposed office would fit within this land use designation the tow yard is more industrial-type use,which is further enforced in the zoning district requirements. Duo to this, in order to facilitate this devo|opment, request for a Minor General Plan Amendment to modify the land use designation of the subject property from "Commercial"to''Light Industrial/Business Park and Industrial" in required and requested. In Planning staff's analysis of this location and the proposal, they believe this proposed City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes March 19.2V24 development plan utilizes a historically vacant property in a manner that complies with the General Plan by meeting the following General Plan Goals & Policies: ^ Policy 5.1.1 -Strategically identify infi|| opportunity sites that can accommodate office, industrial, entertainment, retail, and housing and mitigate barriers to development. - Policy 5.1.4- Encourage the protection and expansion of the land designated in the general plan specifically for employment and ensure they are preserved along transportation corridors or in prime business cluster locations that will maximize the impact and economic potential for those businesses and employment centers. Discourage any uses that bring little orno value to the community (such ao RV Parks, RV storage, mini storage lots and seasonal residential units). If the subject proposal were only a tow yard. Planning staff would not generally recommend in favor of a new tow yard per the general policies discouraging space-intensive uses that are not activity centers or economic drivers. The applicant's proposal addresses these concerns and the general plan policies by allocating a significant area to include an office and shaping the proposal to preserve employment opportunities within the city. The proposal develops avacant site with |andoouping, screening for the tow yard, and buildings compliant with our design standards, overall offering an improvement tu the property. Furthermore, as the applicant's current primary business location within the city is located along Apache Trail, centering their operations and facilities in an industrial area keeps like-uses clustered and reduces the focus and intensity of their operations along our main economic corridor. The Planning and Zoning Commission recommends to the Apache Junction City Council the approval of planned development rezoning case P-23-119-PZ, a request by Frances McGregor, Phoenix Metro Towing to rezone Parcels 102-20-014C & 102-20-014D. located near the northwest corner of Baseline Avenue Boulevard and Tomahawk Road, from General Rural Low Density Single-Family Detached Residential(''RS'GR^)and Industrial by Planned Development (''13-5/PO'')to Industrial by Planned Development(''13-5/PO'')vvith a new planned development overlay to authorize the development of an office and tow yard, subject to the following conditions nfapproval: 1)The development shall reflect substantial compliance and consistency with the city's zoning ordinance and the planned development plans presented in case P-23-119-PZ, incorporated by reference herein, and as otherwise specified through these conditions of approval, to include layout, elevations, setbacks, public and private rights-of ways, perimeter walls, landscaping and other improvements. 2)The building architecture of any future phases shall be architecturally consistent with the presented conceptual architecture approved in case P-23-110-PZ. 3)The front decorative screen wall must architecturally complement the approved building architecture.All other opaque screen vva||o located at the side and rear must at minimum be painted or stained with an earth tone color. 4) Street improvements on East Baseline Avenue, including, but not necessarily limited to, the City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes March 19,2024 extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground utilities, fire hydrants, and landscaping shall be required as part of this planned development project, and subject to review and approval by the city engineer. 5)All applicable permits shall be applied for and plans shall be designed to current city codes. Inclusively, all applicable development fees, including public art fees, shall be paid at the time of permit issuance. 6) Major deviations or proposed changes from the original plans associated with this case will require a major planned development amendment. The Director or their designee shall interpret the proposed modification to be significant/major if, in the Director or Designee's opinion, the quality of project design is diminished, the types of proposed land uses are significantly altered and/or the overall character of the project is contrary to the intent and spirit of the original City Council PD ordinance approval. 7)All perimeter walls/fences, and interior/exterior landscaping within and immediately adjacent to the proposed development, shall be owned and maintained in good condition at all times by the property owners. The developer may secure the walls with security wall spikes or equivalent security features, but barbed wire or concertina razor wire shall not be placed on top of the fence or be visible from the public right-of-way. 8)The proposed vehicle impound storage areas within the development shall be ground surfaced for dustproofing purposes to meet the city's requirements, as outlined in the attached City of Apache Junction Ordinance 1316. 9)After the rezoning, the lots APN 102-20-014C & 102-20-014D shall be combined through the city's lot combination process. 10) Impounded vehicles shall not be stacked on top of each other such that they are visible from the public right-of way. Storage shall not be visible from the public right-of-way. Phoenix Metro Towing representative Alex Hayes presented on why they are requesting the move to a larger area and how it would benefit the city to retain a key employer and help fulfill the needs of a growing populace. Councilmembers commented about the lighting in the tow yard and how pleased they were with the answers to their questions from the presentation at the work session meeting. Mayor Wilson opened the public hearing. Donna Carr, 2178 W Virginia St, Apache Junction, expressed concerns about chemicals leaking from the cars being towed in and the lighting from the tow yard. Mayor Wilson closed the public hearing. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes March 19,2024 15. 24-143 Presentation, discussion, public hearing and consideration of Ordinance No. 1548, Case P-23-119-PZ, a proposed planned development rezoning requested by Frances McGregor of Phoenix Metro Towing to rezone Parcels 102-20-014C & 102-20-014D, approximately 5 gross acres currently zoned General Rural Low Density Single-Family Detached Residential("RS-GR") and Industrial by Planned Development ("B-5/PD") to Industrial by Planned Development ("B-5/PD")with a new planned development overlay to authorize the development an office and tow yard. Vice Mayor Schroeder moved,seconded by Councilmember Johnson that Ordinance No.1548 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk Pena read Ordinance No 1548 by title only,repealing any conflicting provisions;and providing for severability. Councilmember Johnson moved,seconded by Councilmember Soller that Ordinance No.1548,as read by the city clerk be approved and adopted. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Excused: 1 - Councilmember Nesser 16. 24-145 Presentation, discussion, public hearing, and consideration of Ordinance No. 1546, approving a text amendment to the Apache Junction City Code, Volume Il, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-17: § 1-17-1 Definitions, Recreational Vehicle; repealing any conflicting provisions; and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Councilmember Soller moved,seconded by Vice Mayor Schroeder that Ordinance No. 1546 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk Pena read Ordinance No 1546 by title only,repealing any conflicting provisions;and providing for severability. Councilmember Soller moved,seconded by Councilmember Heck that Ordinance No. 1546,as read by the city clerk be approved and adopted. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Excused: 1 - Councilmember Nesser Associate Planner Erika Hernandez presented a summary of the background and City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes March 19.2V24 recommendation for Ordinance No1G46. On December 13, 2022, the Planning and Zoning Commission issued a direction to Planning staff to research the Arizona Revised Statutes' definition uf recreational vehicles, trailers, and toy haulers and the location in which these vehicles may be parked to provide recommendations for a text amendment. Planning staff presented findings during a regular meeting on May 9, 2023, through case P-23-15-AM. The case subsequently went through several work sessions and public hearings and expanded the case parameters to include a modification to the number of recreational vehicles allowed to be ohonnd on a single-family residential property. On Saptamber5. 2023. Planning staff presented a final draft for the proposed text amendment to Article 1-7: Parking. Loading and Circulation Ragu|ationo, which was unanimously approved by the Apache Junction City Council. These changes include: Modifying the number of recreational vehicles allowed on single-family residential zoned properties with a minimum of one (1)acre hu two (2) recreational vehicles orone (1) neonaationa| vehicle and one (1) large truck vehicle. Elaborating on vehicle types that qualify oo nuonuotinna| vehicles. Removing "truck camper", as this type of camper slides into a truck bed and is not mounted on wheels ur classified oaa motor home. Planning staff notified Council during this public hearing that a proposed text amendment for Article 1-17: Definitions, "Recreational vehicle"would be brought before the Planning and Zoning Commission and City Council at later date. On January 23, 2024. Manning staff presented a drafted version of the text amendment to Article 1-17: Definitions, "Recreational vehicle". One question arose on how the truck campers would then be regulated, to which Planning staff answered that truck campers will not be counted as a recreational vehicle and can therefore be installed on trucks in the driveway and/or stored nn the property out ofview. Upon much deliberation during case P'23-15-4yW and P-23'127'AK4. Staff recommends the following text language: RECREATIONAL VEHICLE. A vehicle or unit generally described as one (1)or more of the following: (1) Motor home. Designed to provide temporary living quarters for recreational, camping or travel use, and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle. This includes: Class A. Vehicles built on a motorhome specific chassis by a recreational vehicle manufacturer, including motorized toy hauler. Class B. Vans converted for recreational vehicle use by a recreational vehicle manufacturer. Class C. Vehicles built on a van or truck chassis with the original van or truck front intact by a recreational vehicle manufacturer. Camper Van. Cargo or passenger van converted into a recreational vehicle by a professional or DIY. (2) Park model. Built on a single ohaooin, mounted on wheels and designed to be connected to utilities necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than three-hundred and twenty(320)square feet and not more than four hundred (400)square feet when itis set up. (3)Travel trailer. A trailer mounted on wheels and designed to connect to a hitch, designed to City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes March 19,2024 provide temporary living quarters for recreational, camping or travel use. This includes: Conventional travel trailer. A trailer designed to be drawn by a motor vehicle and is constructed so that no part of its weight rests on the towing vehicle. Mayor Wilson opened the public hearing, receiving no comments, he closed the public hearing. I. OLD BUSINESS J. NEW BUSINESS 17. 24-105 Presentation, discussion and consideration of Resolution No. 24-07 for continuing participation in the Arizona Metropolitan Trust employee benefits program. Councilmember Soller moved,seconded by Councilmember Cross that Resolution No.24-07 a resolution of the Mayor and City Council of the City of Apache Junction,Arizona,authorizing the renewal of the city's membership in the Arizona Metropolitan Trust employee benefits program be approved. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Excused: 1 - Councilmember Nesser Human Resources Director Anna McCray stated the city was a founding partner with four other entities which formed the health benefit trust, Arizona Metropolitan Trust, (AzMT) in Fiscal Year 2012-2013. The trust provides city employees with medical, dental, city-paid life insurance, vision insurance, Employee Assistance Progam (EAP)and a robust Wellness program. Since joining the Trust twelve years ago, the city's premiums have been significantly more stable while the benefits/services offered by AzMT have increased. Prior to joining AzMT the city was facing double digit increases in its medical insurance premiums. The city has the option to renew its membership every three years and the current renewal period ends on June 30, 2024. The approval of Resolution No. 24-07 would authorize the city to renew its AzMT membership through June 30, 2027. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Donna Carr, 2178 W Virginia St, Apache Junction, stated there are too many mental health facilities in the city and would like the council to look at other businesses. She also commented her family has concerns about the water quality. Andre Meek, 1327 S Belair,Apache Junction, thanked the council for the Vietnam War Veterans Day Proclamation and spoke about this experience relating to the war. He is happy with the move for the towing company and stated their name should be Apache Junction Metro Towing. City of Apache Junction,Arizona Page 10 City Council Meeting Meeting Minutes March 19,2024 N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:23 p.m. ACCEPTED THIS DAY OF 12024, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2024. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2024. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2024. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 11 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 24-125 Sponsor: Liz Langenbach Agenda Date:4/2/2024 Index: In Control: City Council Meeting Consideration of approval of award of contract to Econosmart Property Services LLC, dba Signature Projects for Artificial Turf at the Superstition Shadows Aquatic Center RFB Project No. P&R 2024-002 in an amount not to exceed $93,183.75. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction ' Home of the Superstition Mountains DATE: March 18, 2024 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager Matt Busby, Assistant City Manager FROM: Liz Langenbach, Parks & Recreation Director Kimberly Heldt, Purchasing Administrator SUBJECT: Superstition Shadows Aquatic Center Artificial Turf RFB Project No. P&R 2024- 002 Converting the natural turf to artificial turf will reduce water usage and enhance the appearance of the facility. The artificial turf will reduce maintenance requirements and help rid the facility of gophers, rate and ground squirrels that tunnel and live in the existing natural turf causing damage to irrigation lines and electrical wires as well as creating holes and tunnels in the grass that are a tripping hazard. The City issued a Request for Proposals on November 8, 2023, and received one nonresponsive response. On December 19, 2023, City Council approved the rejection of that bid. On January 25, 2024, City issued a Request for Bids for artificial turf. The City received two bids: Econosmart Property Services, LLC dba Signature Projects $93,183.75 Scholtz Contracting, LLC $102,713.85 Staff requests awarding the contract to Econosmart Property Services, LLC dba Signature Projects in an amount not to exceed $93,183.75. CITY ARTIFICIAL PROJECT NO. P&R 2024-002 THIS n re into between the CITY JUNCTIONAPACHE ("City"), an Arizona municipal corporation, and ECONOSMART PROPERTY SERVICES, LI- 1 T PROJECTS, an Arizona corporation ("Contractor"), who shall be collectively referred to as the "Parties", or individually as a "Party"- RECITALS A. Contractor has responded to City's request for bid (the " " and response bothbeing considered the "Contract ocu e is") via RFB No. 2024-002, in which Contractor asserts its willingness, ability and qualifications to provide this work and service (hereinafter referred to as the "Work"). City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon isContractor shall render the Work. C. City has complied itpublic bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code, Vol, I, Chapter Administration, Article -7: Procurement Procedures. AGREEMENT NOW, THEREFORE, Cityretains Contractor to perform, agrees to render the services in accordance with the terms and conditions set forth as follows: 1 s PROJECT DESCRIPTION: ontr c r shall do and performor cause o be done and performedin a good workmanlike manner,the Work in accordance with the Contract Documents as fully described in the Notice Inviting i r osals for Project No. which includes Il required specifications. PRICES:2. Prices shall be governed under Exhibit A forte performance o e work under the contract documents. 3® PAYMENTS & COMPLETION: total amount payable by the City to the Contractor is an amount of to exceed in ty-t ree Thousand e Hundred Eighty-Three Dollars and Seventy-five cents ( ,1 3075) e " ontrac Sum")for the performance of the Work under the Contract Documents except for changes authorized ro erl executed change orders. All contracts will be operable fortheir full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing City. Work is ready for final i i , , shall promptly cause an inspection to be made. Once City finds the Work statingtable under the Contract i l i r payment . iknowledge, informationibasis _of its observation and cordance with the terms and i ® partial entireFinal not become due ,l the r i i i i i , r any other data establishing satisfaction- <, Contractor's obligations. refuses to furnishirequired_,_ City,by r indemnify City againstlien. If any such lien i i i , Contractor shall refund to City all monies that the latter may be compelled to pay in discharging includingsuch liens, 4. CONTRACT ® The Term of this Agreement shall be performed from April ,'2024 through June 30, 2024. provided5. 'LABOR AND MATERIALS: Unless otherwise Contractor shall i isite laws and regulatons for i transportation, facilities l l r,- i , a i i ii ' other services execution completionand ` and whether or not permanent, incorporated or to be incorporated in the Work. workmanship6. WARRANTY: Contractor shall guarantee the Work against defective i' 1period acceptance under the a i siordinaryon on the part of idefective and tear and _ materials4 abuse or neglect excepted. construction Contractor ill r i _r materialsi _ before final acceptance. Within final_ to faults i imaterials, lbegin i_ i i i receipt written include the repair replacement of other work r materials damaged or affected by making repairsadditional In the case of Work iri l r i i iitspecial - i r appropriatethe , i favor i i i . Delivery_ ,. relieve r_ obligation i i i guarantees provided> i i subsection shalladdition in limitation remediesof any other warrantees, guarantees or , and shall survive _ itime period ® TAXES: Contractor shall pay all _ sales, consumer, use and similar i rwhich r legally enacted at the time bids r received r not yet effective or applicablesubsequently jurisdictions r bodiesi otherwise provided in the Contract Documents, shallContractor inspectionssecure and pay for all . completion i r i _ i r customarily secured after i i l requit rules, d. Contractor lawfulI i orders l ices and comply publicith all.authority , i , bearing performance` ity permits for thisprovided licenseContractor at no cost. Contractor represents and warrants that any necessary to perform the Work under ' i described herein i "doingContractor understands that the , valid. in the,City of Apache Junction"licensebusiness i i Vol. , licenseand keep such ithis Agreement and after terminationis Agreement any time Work is performed pursuant to the provisionswarranty ` i i tax provision r may also apply and i obtainso, shall . i. i i; licenses as may be requ i i_ the i i i within corporate " limits will ilicensing regulations il apContractor ensures plicable licenses. Further, Contractor agrees to pay all applicable privilege applicable to the activities, r ices provided under this CONTRACTOR:Agreement 9. INDEPENDENT Contractor Iduring servicesContractor's performance of the retain Contractor's status as an independentr, l shalli _ obligationbe i l i i r withholdi , insurance r . Contractor i iimaterials using its best itattention. i i iContractor shall be solely ible for all means, r techniques, sequences and procedures,and r coordinating _l icontract Contractor shall be i t City for the acts and omissions of its employees. 10. ® To the fullest extent permitted , Contractor shall defend, indemnify i , its elected and appointedofficers, officials, agents, employeesand r i liability including but not limited , i _ , , ! expenses, i i reasonable _-,witness i ,i from, or alleged arisen from, relating ,arising I , errors, omissions,_ _r i r, i , employees, . Contractor's iperformance i Agreementintentional but ly to the extent caused by the , recklessness or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty d,hold harmless and City, its special elected and >i i i i ,,,and employees„> in connection _ i th any claim, _ . damage, i is attributable injury, sickness, disease,death, or injury or destruction of property including loss of useresulting acts, , i , omissions, rservices. 'i i i _ ing any employee of , any tier of Contractor' ror any other person r , i ,Work or services may be legally liable, ic , recklessness or intentional wrongful _ acts,Contractor's subcontractors or any other person for whose errors, mistakes, i i , Work or services Contractor may be legally liablein the performance of the Work under this type of i _ i way be construed as limiting indemnity_ i this paragraph. The rights obligations under this Section shall survive termination of this Agreement. + ENFORCED DELAYS (FORCE MAJEU-RE-): Neither ity nor Contractor, as the case i i i r in the event of enforced delay "Enforced tions under i „ causes beyond its control and withoutifailure with applicable , including, i , restricted , , fires, floods, epidemics, pandemics, restrictions, embargoes, labor disputes,„ unusually severe weather or the delays of subcontractors or materialmen due to causes,such limitedacts of a® publici (including,_„ not r ieco-terrorism), nuclear radiation, blockade,_ insurrection,_ i i r interruption,._, extortion, i _i rr i pof the ublic entity, eminentdomainl body on behalf of any i similar hiatuspublic directly the Project. i iresulting unavailability _ , or the unavailability particularreason of Contractor in consultants, r , investors desired ithe Project agrees alone will bear all risks of delay whichrEnforced Delay. In the event of the obligationsoccurrence of any such Enforced Delay, the time or times for performance of the i i r a period Enforced Delay; provided, r, ibenefit Sectionprovisions of this _ withini Delay,rty (30) calendar days after such Party knows or should know of any such Enforced i specificthe i i i iperiod Delay;the Enforced providedperiod" ninetyEnforced Delay exceed r _ g Agreement12. GOVERNING LAW AND VENUE: terms and of this interpreted i i_ laws of Arizona.the State of inequity either purpose of enforcing a i r i, r_ i i i , itried i waivecompetent. i i i _ i Pinal County, State of r Parties hereby provisions law providingin such proceedingi` bring i enforce any term of this Agreement or to recover any damages for and on account conditionof the breach of any term or i i prevailing Agreement, it agreed the i i including: litigation expenses,and appeal collectioni , necessary determinedwitness fees and court costs to be in such action. Contractor,13. INSURANCE: at its own expense, shall purchase and maintainthe minimum insurance and other additional requirements set forth herein. insuranceAll ited herein shall be maintainedl force servicework iAgreementi ® i ; 'it i discretion i material Agreement. Contractor'si i City, and any i ®imaintained shall__ contribute __i t. Any failure to comply i claimi i insurance policies r any breach of an insurancepolicy_ warranty shall not affect coverage insuranceunder the The insurance policies, _ i r > claimssation, shall and employees for any transfer rights of recovery i _ i i ' l a of rising ,errors, off mistakes, omissions, The i policies i i i r ® Such deductible and/or self-insuredretentions applicable iprovided_ i policies. Contractor r iself-insured retentionCity, i option, require such deductibles self-insured retentions by a Surety Bond r an irrevocable and unconditional_ letter of credit. rightCity reserves the i within i certifiedi i i policies obligated, however, review i advise Contractor of Ij i i , and such r l _not< relieve , or be deemed a waiver of City'sright insist i Illment of Contractor's obligations i The insurance policies, except Workers' Compensation, required by this Agreement, , i , officers, officials additional insured . shallCommercial General Liability Contractor i 1 Liability insurance with a limit not less than $1,000,000 for each occurrence with a , 000 Prod ucts/Completed Operations Aggregate and a$2,000,000 Limit. The policyI I injury, broad form property damage, personal injury, products _ contractual coverage including, I I ,the liability indemnification provi ions of this Agreement which Office,broad as Insurance Service Inc. Policy Form CG 00011-93 or the equivalent i liability million limitper occurrence or a l , i required. auto liabilityi ihired' autos, Contractor'sautos and scheduled vehicles, as applicable to the I . Such policy i 1 Iprovision, I clause,a sunset provision or commutation provisionwhich to limit i . CommercialThe i i l insured Officeleast as broad as the Insurance Service .' i ' , Form CG , or the equivalentthereof, shall include Contractor's operations and products and completed operations. If required i , if Contractor sublets any part of the work,services operations,or Contractor shall purchasemaintain, at all times during work,prosecution of the services or operations under thisi Contractor'si ii insurance policyi injury damage, including death, whichin Contractor's servicei occurrence basis' with a limit , a , and the policyiContractor's General Liability insurance. Workers'Workers'Compensation (Not Applicable to Sole Proprietorships) Contractor shall carry Compensationobligations imposed having jurisdiction Contractor's employees engaged iEmployer's Liability insurance of not less than$100,000 , for each employee, and $500,000 disease policyi i . In case any work is subcontracte , Contractor willrequire r to provide Workers' ' Liability extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or_ servicesi , Contractor shall furnishity with Certificates , or formal endorsements as required , i ' i s as evidence policies pi i 1 coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policiesi iwritten "claims_ basis, coverage shall extend for two(2)years past completion and Contractor'sacceptance of the I Certificates Insurance,to be filed with the CityCity. If a policy does expireduring certificate® be sent to City Irty (30) calendar days prior to the expiration . All Certificates of Insurance shall be identified with bid . Insurance required herein shall not expire,.be canceled,.or materially _. without thirty ' prior written notice to City. ORDERS:14. CHANGE A change order is a written r to Contractor, approved by a City representative, ithis construction agreementin the Work or an adjustment in the construction signedagreement sum or the construction agreement time. A change order Contractor indicates is agreement therewith. City ,without invalidating this agreement,construction i within this construction agreement consistingadditions, i revisions, constructionthe construction agreement sum and the being _accordingly. All such changes in the Work shall be authorized applicableand shall be performed under the iconstruction City involvingr minor changes in the Work not adjustment iconstruction i • ii i jconstruction written and shall be binding i 15. SUCCLESSORS ASSIGNMENT & DELEGATION: City and Contractor each J- bind themselves,their ,assigns successors,the other party hereto and to the partners, assigns representativesi all covenants, agreements and obligationscontainedin the Contract Documents. Neither assignshall i without assignmonies previousdue or to become due to or to become due to it without the consent of City. 16. WRITTEN NOTICE: notice shall be deemed to have been duly served if delivered iperson individual entity, or to an office of the corporation r whom i intended, if delivered at or sent i i ifirst class postage givesprepaid to the last business address known to them who SAFETY:17. Contractor and/or its subcontractors shall be solely responsible forjob safety at all times. 18. 'RIGHTS &REMEDIES: The duties and obligations imposed by the ct documents and the rights and remedies to and not a j i , i • i r i i •on i , rightsremedies_ otherwise availableimposed or iCity or Contractor shall waiverconstitute a , hereundernor shall any action or failure to act constitute an approval of or an acquiescence to any breaches ii j in writing. ® 'PAYMENT& PERFORMANCE BONDS: City shall have the right Contractor to furnish i i l performance of the contract and obligationsthe payment of all i ® TERMINATION OF CONTRACT: If, for any reason, Contractor shall fail to fulfill in is/her obligations under the contract, or . shallContractor violate , or stipulations terminatecontract, City shall thereupon have the right to i i ...written notice to Contractor of such terminationspecifying Notwithstanding the_ above, Contractor shall not be relieved liadamages bility sustainedity by virtue of any breach of the contract by Contractor. i rgiving i i hours notice i _writing If the contract i r i i i i ill`be paid for the time expended and expenses incurred terminationthe . APPEALS: All contractual grievances shall submittedi _writing i Manageropinion grievance occurs relating to any of the provisions of the terms of this Agreement Within five i ,- i writing receiving iManager's_. „i.i shall __ finalbinding, subject i iSuperior 22. 'RECORDS: Records of Contractor's labor, payroll and other costs pertainingirecognized basisi i inspection request maintain periodr termination i Agreement, and itavailable i i_ for examination or i i l iregular business 23. AMENDMENT: It is mutually teration or ri i r i ' i 1 i i incorporated i r , i - r hereinagreements not binding parties. represent24. 'ENTIRE AGREEMENT: This Agreement and any attachments entire i i, i` . i r , - r; r implied, written or oral. It i r variation conditionsterms and ivalid_ <s mutually understood and agreed that no in i i Writteng and signed by the parties hereto. signed shallautomatically become part of the ents, and shall supersede any inconsistent r i ; i however, that any apparent inconsistency resolved, if i provisions and supplementary. 25. , , delivery, i >, i compliance i all applicable laws. However, in the unlikelyprovisionof this Agreement i declared iunenforceable-_ requiring i violationapplicable laws, including constitutional , regulation, or city , such provision ri Agreement and this Agreement shall otherwiseremainin full force and effect; providedi_ Agreement possibleextent reasonably ,such a manner so that the reformed agreement(and provideany related agreements effective as of the same date) rightssame i i" if such severancereformation were not required. prohibited cable Partieslaws, the shall perform all deliver allaccomplish to give effect to the purposes of thisAgreement, reformed. 26. TIME IS OF THE ESSENCE: Time is of the essence with respect to l provisionsi i in performance by either materialconstitute a ,> this Agreement. • CONFLICT OF INTEREST:i i , and may be i i i ,the provisions PROHIBITION T NGAGE IN ® forbidsA.R.S.through 35-393.03, as amended, which i entities ISRAEL: The Parties contracting i i • Should Contractor under iAgreement in any such boycott Agreement against , i i I i is a imaterial contract and , including limitedi i ® • i Arizona4 certifies i r _ ® ethnic1) the forced labor of r i ic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China,and/or 3)any suppliers, forced contractors or subcontractors that use the l iethnic RepublicUyghurs in the People's China. Contractor _ during the term of i i i this Section, then Contractor shall notify the City within ive (5) business days after becoming writtenaware of such i i" i i certification i ,Contractoriwithin one hundred _ i terminate, noncompliance, i Agreement shall i termination occurs period,before the end of such one hundred eighty (180) day remedy ` i terminateAgreement shall rtermination 30. 'COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability ican with Disabilities Immigration services1989 to the r this As required A.R.S. §41-4401, Contractor hereby warrants compliance_ 1 11 federal immigration laws and regulati A.RA.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verifyi i i ity of the employee through the E- Verify program. i services, r icompliance, with allfederal immigration mance of shalli - 214(A), and subcontractors warrant after hiring , such subcontractor verifies i i the E-Verify program. A breach of thisrmaterial breach of the Agreement that is subject to penalties up to and including terminationi violation,for the first $500 per day for the second violation, $1,000 per day _ r the it violation. i ioption terminatei third Contractor i ibreach_ i Agreement i Contractor and/or subcontractors `_ compliance 'i verificationth the employment i i ImmigrationNationality i icontained . . - . City retains right inspect Contractor or subcontractor employee who works under i r Contractor or subcontractor is i . i i be conducted after reasonable notice and at reasonable If state law i modifyamended,the Parties may i i i "I cooperative31. COOPERATIVE USE OF City has entered into various with other Arizonai including ic Alliance for Volumei "SAVE" cooperative. This contract may be extended for use by other municipalities, districtsschool i in the State of Arizonai entitiesapproval of Contractor. Any such usage by other in accordance i ordinances, procurement rules and regulationsrespective Orders agencies and payment thereof will shall not be i r i . i i arising transactions IN WITNESS WHEREOF the parties hereto have caused this Ag ment to be d b their duly authorized representative as of this PROJECTS,CONTRA R: ECNOSMART PROPERTY SERVICES, LLC dba SIGNATURE an Arizona limited orporation Pr b Jesse Title JUNCTION,ce PresidentICEO CITY OF APACHE an Arizona municipal . By: Walter"Chip!jKilson Pena, Title: Mayor Jennifer City RichardAPPROVED AS TO FORM: • Stern City Attorney Notary Public State of Arizona Maricope County r w GuillermoHernandez My Commission Expires9125/2025 STATE OFAl Commission Number 613543 ) as. COUNTY (6 The foregoing was subscribed and sworn to before me this day of g g SERVICES,by-E4CJLTgsyreac VP -of ECNOSMART PROPERTY PROJECTS, an Arizona limited liabilitycorporation. Notary Public My Commission Expires: STATE OF ARIZONA COUNTY OF PINAL The __..foregoingII bed and sworn before me this day Of 20 g g by Walter"Chip" Wilson , as Mayor of the City of Junction,Apache Arizona, EXHIBIT A FIRM: COSTPROPOSAL PROJECT NO. P&R 2024-002 Econosmart Propertyi i t rProjects ADDRESS: Van BurenSt, Phoenix,AZ 85008 TELEPHONE: 1 BASE i SERVICESi Chemical_=DES- CRIPTION OF COST treatment oft , 2,500 Removal and disposal of existing , i I 10,000 Artificialt I weight a23, Labor Per Hour 19,047 7 9 Cost Plus /® 20 TOTAL BASE LUMP SUM BID ,1 3®7 Ninety-three thousand one hundred eighty-three dollars and seventy five cents T tI Base Lump Sum Bidin Words Data Feb 20,2024 i Everett i i t!CFO Printed Name City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-176 Sponsor:Ted Wolff Agenda Date:4/2/2024 Index: In Control: City Council Meeting Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contact No. 234128ROQ in the amount of$541,931.20 plus 10% contingency for unforeseen change orders in the amount of$54,193.12 for a total project cost not to exceed $596,124.32. City of Apache Junction,Arizona Page 1 Printed on 312712024 Public Works Department Home of'the Superstition Mountains .ter. Date: March 18, 2024 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolf, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# SST23-18 Award City staff respectfully requests city council consideration of award of contract to Cactus Asphalt for project #SST23-18 for the slurry seal treatment of various streets within the city for a not to exceed amount including 10% contingency for unforeseens of$596,124.32. This work is allocated in the current fiscal year Street Sales Tax budget and is part of Public Works' Fiscal Year 2024 Capital Improvement and Street Maintenance Plan presented to City Council in July 2023. The work involves the slurry seal of portions of Superstition Blvd., Tomahawk Rd., Southern Ave., Cortez Rd., 16th Ave., Baseline Ave, and Goldfield Rd. within the city limits. The work is expected to last for two weeks in June 2024. Work would occur during the daytime hours only with limited impacts to vehicular traffic lanes and adjacent side streets and driveways. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF AtPACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.; SST23-18 "Fiscal Year 2024 Slurry Seal" THIS AGREEMENT made and entered Into by and between the CITY OF AP ACHE JUNCTION ("City"), an Arizona municipal corporation, and CACTUS ASPHALT, an Arizona corporation, ("Contractor"), sometimes - collectively referred to as the "Parties",or individually as a "Party„ RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in Pinai County cooperative Job Order Contract No. 234128ROQ, Contractor's Estimate dated January 25, -2024 (the "Contract Documents"),or as more fully described in Exhibit Ay B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has compiled with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures. or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in in accordance with and as more fully described in the Contract Documents. 2, PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed of Five Hundred Forty-One Thousand Nine Hundred Thirty-One Dollars and Twenty Cents ( 541,33 .20) (the "Contract Sum") for the performance of -the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City.- Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT -TERM: upon Notice to Proceed given by the City, Contractor shall begin Work no sooner than February 26, 2024 and shall complete it no later than June 30, 2024. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times a the Parties mutually deem fit 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract [Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract [Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY. Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract ['Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other prevision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees,guarantees or remedies 2 required by law, and shall survive the expiration of this Agreement for the time period mentioned above 7. TAXES. Contractor shall pay all license, sales,transaction privilege, consumer, use and ether similar-taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of salt which are customarily secured after execution of the contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants" that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. i, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax prevision of the Apache Junction Tax Cote, Chapter 8A►, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pray all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT C©NTRACTC?R; Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance `for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible ible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 3 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be In attendance at the project site=during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be a binding as if given to Contractor. Important communications shall be confirmed In writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only If it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, Indemnify and hold harmless City, its elected and appointed officers,officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent-caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of the Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts,errors, mistakes,omissions,work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or subcontract. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scrape of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prier to award of Contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval Of City. 14. APPLICABLE LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted In accordance with the laws of the State of Arizona. Any action at law or In equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either-Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Panty in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++s, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement i satisfactorily completed and formally accepted, failure to do so may,at the sale discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to dimply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out ofContractor's acts, error's, mistakes, omissions,Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible anal/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention 5 and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or are irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment ofContractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad farm property damage, personal injurer, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any prevision which would serve to limit third Party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service {office, In+c.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective viability Insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than$1,000, 00 each occurrence with respect toContractor's owned, fired, and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", (insurance Service Office, Inc. Policy Farm Cat 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. if hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $ ,000,000 per accident limits for bodily injuryand property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work, and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and$500,000 disease policy limit By execution of this Agreement, Contractor certifies as follows. "i am aware and understand the provision of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance; with the previsions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance try"at least the same extent as required of Contractor. Certificates of Insurance Prier to commencing Work or services under this Agreement, Contractor shad furnish'City with Certificates of Insurance, or formal endorsements as required by the Agreement, Issued byContractor's insurers), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard,Apache Junction,AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30)calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement(or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual farm of a public liability insurance, but shall also include the following provision "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty(30)calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work ;or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum, and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance"agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 8 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Marty in respect to all covenants, agreements and obligations contained in the contract documents. . Neither Party to the contract shall assign the contract or sublet it as a whole or delegates the duties thereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE. Written notice shell be deemed to have been duly served if delivered in person to the individual or member of the firm or entity,or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the;last business address known to therm who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer Injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writings to such other parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONGS. City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms mast be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23 FORCE MAJEUREf Neither City nor Contractor, as the case may be shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, 9 pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror(including but not limited to bio-terrorism or a o-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced [delay Include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the evert of the occurrence of any such Enforced [delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety(90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten;(10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect, 25. RECORDS.* Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 10 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager,or his or her designee), shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT. This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no:alteration" or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the -Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the previsions as mutually complementary and supplementary. 28. SEVERABILITY. City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws,`including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably passible in such amanner so that the reformed agreement (and any related agreements effective as of,the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments,instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with,the previsions of A.R.S. § 38- 1 1. 31. PROHIBITION TO CONTRACT WITH CONTRA IRS WHO ENGAGE IN BOYCOTT OF THE STATE OF I RAEL: The Parties acknowledge A.R.S. §§35- 393 through 35-39 .0 , as amended, which forbids public entities from 11 #: # #.. + • #.' # 1. • Ailk # # • # • # i t r • # • • r # t r i i i a # A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. if state law Is amended,the Parties may modify this paragraph consistent with state law. - -SIGNATURES TO BE ON FOLLOWING PAGES---- IN WITNESS WHEREOF the Parties hereto have caused this Agreement to- be signed ;by their duly authorized representative as of this _ day of March ,2024. CONTRACTOR: CACTUS ASPHALT,an Arizona cor ratio 4 B AA Its;Director of Sales&Esbm tint CI CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation y:Walter"Chip"Wilson Its. a r A EST, Jennifer Pena City Clerk APPROVED AS TO FORM: 43151z+ Rlc �lrd J. Stern City Attorney STATE F Arizona ss. County of Maricopa The foregoing was subscribed and sworn to before me this nth day of March ,2024,by Jeff Abram as Director of Sales& Estimating of Cactus Asphalt, an Arizona corporation: of Public y Commission Expires: NICOLE Et)MONOS notary+Public•Mlofil AArkoo COOMY Commission 0 62#413 ' FAY Comm.ExplMAlif 23, 02! STATE OF A IZONA } )ss. COUNTY OF PINAI. } The foregoing was subscribed and sworn to before me this day of , 2024, by Walter"Chip"Wilson, as Mayor of the City of Apache Junction,Arizona,an Arizona municipal corporation. Notary Public My Commission Expires: Exhibit A '000o'co .7c ----------------- To: CITY OF Apache Junction Contact: Shane Kiesow Address- 575 E.Baseline Road Phone. (480)982-105 Apache Junction„AZ 85219 Fax: (480)983-5752 Project Name: FY2024 Slurry Seal Bid Dumber: Project Location: Various Locations,Apache Junction,AZ Bid Date: 1/25/2024 Item# Item Descri itionEstimated Quantity Unit unit Price Total Price 5-18 Slurry Seal Binder. CQSLM,>100 T S 176.00 TON $962.04 $169,319.04 5-20 Slurry Seal Aggregate(Type II)(COAJ SUPPLIED RAP) 1,300.00 TON $135.00 $175,500.00 DISCOUNT THIS ESTIMATE ONLY 5-20 Slurry Seal Aggregate(Type 11) 150:00 TON $180.00 $27,000.00 S-23 Traffic Control-Slurry And Micro Seal(Based On Binder 176.00 TON $115.00 $20,240.00 TON) 7-4 15 Mil(4")White Traffic Paint Stripe 52,546.00 IF $0.20 $10,509.20 7.5 IS Mil(4')Yellow Traffic Paint Stripe 75,871.00 LF $0.20 $15,174.20 7-6 Paint Symbol-Arrow 25.00 EACH $70.00 $1,750.00 7-8 Paint Symbol Bike Lane Marking Set 4.00 EACH $130.00 $520.00 7-9 Paint Legend-Only 4.00 EACH $105.00 $420.00 9-1 Traffic Control(Not For Items No. 1.5). 40.00 HR $37S.00 $15,000.00 TC For Striping And Survey 9-2 Message Beard(Per Unit Per Day) 100.00 DY $95.00 $9,500.00 9-3 Uniformed Off--Duty Law Enforcement Officer&Official 200.00 Hit $100.00 $20,000.00 Vehicle 9-6 Document Existing Pavement Markings 80.00 HR $250.00 $20,000.00 9-8 Paved Surface Cleaning. 22.2E MILE $1,050.00 $2 ,362.50 156,624 SY/7,040 SY/Mile 9-9 Community Relations: 16.00 HR $250.00 $4,000.00 Select Roadways-Door Hangars Bid Price Subtotal: $512,294.94 Pinal County,Mate And Apache 3unctio 5.790/*: $29,6 6.26 Toted Bid Price: $541,93 .20 Notes: •Proposal Based off Pinal County 30C 234128ROQ Standard Terms and Conditions to follow: All scheduling contingent upon mutual agreement of Owner and Cactus Asphalt. Prices above based on completing each task in one mobilization.If an additional mobilization is required,charges may apply. Quoted prices are valid for 14 days unless otherwise noted,PO or letter of intent to award required to lock pricing past 14 days.Final material pricing expires 3 months from quote date with PO or L01. Cactus is not responsible for notification,nor removal of vehicles and property from work areas.' Cactus will require this proposal with exclusions be included in any contractual agreement. Unit prices above include all applicable State,County&City taxes for contracting. •In the event that quantities differ from above,billing will reflect agreed upon measured quantities. 1/25/2024 8:05:22 AM page I Oft Paving Seal coating Crack Sealing Patching Chip Sealing Fabric Overlay More Contractors Licenses:AZ- 194430 NV-0040581 NM - 02299 UT ..944049-5501 t 623.907-2800 f 623-907-2900 tact sas halt.com 8211 W.Sherman St. Tolleson,AZ 85353 C NA To: CITY OF Apache Junction Contact: _ Shane Kieso Address; 575 E.Baseline Road Phone: (480)382-1055 Apache Junction,,AZ 85219 Fax: (480)983-5752 Project Haase: FY2024 Slurry Seal Bid Numbers Project Location: Various Locations,Apache Junction,AZ Bid#sate. 1/25/2024 .EXCLUSIONS(Unless Otherwise Specified).Permits,Plans,Engineering,,taking,As-Builts,Testing,Inspection,dear& Grubb,Grading,Landscape Repairs,Weed Killer,Crack Routing,Crack-Sealing,Curb Line/Joint Sealing,Asphalt Patching, ABC,Landscape Materials,Vegetation Replacement,Preservative Seals,Prime Coats,Concrete Structures,Irrigation/Pipe Work,All Underground Items,Utility Removal or Relocation,Drywells,Rip/Rap,Structural Backfill,Raised Pavement Markers,Curb Painting,New Signage,Parking Bumpers Removal or Replacement,Import,Export,Excavation,Subgrade Stabilization,Removal of Debris Generated by Esther Trades,Erosion Control,SWPPP,Thickened Pavement Edge,Project Information Sign And Any Special Insurance Requirements. •Asphalt materials pricing is based on the current months ADOT index for Bituminous materials.'There are strong indicators that there will be significant increases in asphalt prices going forward.Adjustments to the quoted prices for paving items will be made and finalized 14,days prior to the time of scheduled paving operations with appropriate notification, documentation and communication. •AZROC 194430-A General Engineering •As of February 2023 Cactus Asphalt,Southwest Slurry Seal and American Pavement Preservation of Nevada have merged under one banner to form one of the largest and premier pavement preservation groups in the Southwest.If you have received a bid or proposal from Cactus Asphalt,Southwest Slurry Seal acid/car American Pavement Preservation of Nevada for the same project,please contact us Immediately and deem the second and third proposal"non-responsive". •The elimination of any existing drainage problem or reflective cracking is neither intended nor guaranteed when providing slurry and micro sealing services: •Power steering marks are normal and should not be cause for undue concern on slurry and micro surfacing pavement treatments; Page 2 of 2 Paving Seal Coating Crack Sealing Patching Chip Sealing Fabric Overlay More Contractors Licenses:AZ - 194430 NV-0040581 N -022995 UT m 944049-5501 c623 go7-280o f823- 07.29ofi cacrusasphalt:com 8211 W.Sherman St.Tolleson,AZ 85353 CERTIFICATE OF LIABILITY INSURANCE DATE(MMOWYYM 315t2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS). AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement o this certificate does not confer rights to the certificate holder in lieu of such or ment(s). PRODUCER Lauren Baker Cast Insurance Group,LLC PHOINE FAX 7272 E.Indian School d.suite 75 :888-881-5765 AC a: 8"39-2 7 Scottsdale 55251 ADISREss: Ibaker crestins.com INSURE,S AFFORDING CO GE C d 1asens rt2s INs A;Z nch Amen n InsuranceCO an 16535 INSUREDAMCRPAV- tNsu a:QBE S a Insurance ctm an11515 Cactus Transport leasing,LLC I Cactus Transport Il,LLC :Novi store S cial Insx Co. 36056 8211 Sherman St INSU Tolleson AZ 85353 INSURER o i Endurance American ecial 41718 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:73118325 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS RI OF INSURANCE FOLICYEFF POLICY LTR POUCY NUMBER M LIMITS A }( CCSMMERCIALGENE LIABILITY Y Y GLO-6946088-00 611/2023 61112024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE T OCCUR PREMISES E rTenoo S 600,000 MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 GENt AGGREGATE LIMIT APPLIES PER., GENERAL AGGREGATE $4„000,000 !JEC PRO- POLICY 1 JECT ELOIC PRODUCTS-COMPIOPAGG $4,000,000 OTHER_ Ixe: $2s.cc0 A AUTOMOBILE LIABILITY Y Y B P 946087-00 61//2023 WIM24 COMBtNEt! IFIGLE LIMIT 2,000,000 Ea acadent X ANY AUTO BODILY INJURY(Par person) $ OWNED SCHEDULED }BODILY INJURY(Per accident $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Par agent $ $ B UMBRELtA L" X OCCUR 140001084 61112023 61112024 EACH OICCURRENCE 5 6,000,000 CCt X EXCESS LIAS LA23EXCZOE6141C W112023 6/112024 CLAIMS-MADE ELD30030710000 611/2023 61112024 AGGREGATE $8,000,000 DED I X I RETENTIONS S� A WORKERSCOMPENSATION Y VVC-694608MO 61112023 6/112024 X gTATUTE _ER AND EMPLOYERS'LIABILITY Y 1 N 01PRIETO MPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDEO? N NIA E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 Itmya describe under DESCRIPTION OF OPERATIONS tWow E.L.DISEASE-POLICY LIMIT S I,000,000 DESCRIPTION OF OPERATIONS F LOCATIONS 1 VEHICLES(ACORD 181,Additlunat Rtmar"Sotwduls;may be stfsot ed If more space is mquirsd) Certificate holder and others when required in a written contract or agreement are Additional Insured(General Liability&Automobile Liability).Coverage i Primary&Non-Contributory(general Liability&Automobile Liabili Waiver of Subrogation(General Liability,Automobile Liability&Workers Compensation) applies.Applicable Forms;:CG24041 19,UGA424H,U L2162A, 000313,WC040306.This form is subject to all policy forms,terms,endorsements, conditions definitions&exclusions, FIE:FY2024 Slurry Seal CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Apache JunctionACCORDANCE WITH THE POLICY PROVISIONS. 75 E.Baseline Road AUTHOFUMOREPRESEKTATIVE Apache Junction AZ 85219 11 # 0 1988-20 5 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Jr ZURICH Contractors THiS ENDORSEMENT CHANCES THE POLICY.PLEASE READ IT CAREFULLY. Policy No.GLO-6946088-00 =�d Effective Cute:06/01./202 This endorsement modifies insurance provided under the. Commercial General Liability Coverage Pert A. Section It—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements. a. The Insurance Services Office(iSO) ISO CG 2010(10101 edition);or . The ISO CG 20 37(10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s)"but only to the extent than"bodily injury","property damage"or"personal and advertising injury"arises out of. (1) Your ongoing operations;with respect to Paragraph 1,a.above; or (2) "Your work",with respect to Paragraph l.b.above, which is the subject of the written contract or written agreement. However;solely with respect to this Paragraph 1., insurance afforded to such additional insured. (a) Only applies if the"bodily injury" "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to"bodily injury"or"property damagee'caused by"your work"and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office(ISO)ISO CG 2010(07/04 edition);or b. The ISO CG 20 37(07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s),but only to the extent that"bodily injury";"property damage"or"personal and advertising injury"is caused, in whole or in part, by. (1) Your acts or omissions;or ( ) The acts or omissions of those acting on your behalf, u- L-2ts2-A c (02r19) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page i of 4 INTERNAL USE ONLY in the performance of: (a) Your ongoing operations,with respect to Paragraph 2.a.above;or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2A above, which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury" "property damage" or"personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement,and (0) Does not apply to"bodily injury"or"property damage"caused by"your work"and included within the "products-completed operations hazard"" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. . If neither Paragraph 1. nor Paragraph 2.above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured. a. Under the ISO CC 2010(04113 edition, any subsequent edition or if no edition date is specified),or b. With respect to ongoing operations(if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injuryy', '"property damage" or"personal and advertising injury"is caused, in whole or in part by. (1) Your acts or omissions, or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured, and (c) Only applies if the"bodily injury" "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2.above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37(04113 edition,any subsequent edition or if no edition date is specified);or b. With respect to the"products-completed operations hazard"(if no form is specked), such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by"your work"and included in the"products-completed operations hazard" which is the subject of the written contract or written agreement. However,solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law, (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the"bodily injury"or"property damage"occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. -GL-2162- W(02/19) Includes copyrighted material of Insurance Services Office,Inc„whit its permission. Page 2 of 4 INTERNAL USE ONLY B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or failure to render,any professional architectural,engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications; or 2. Supervisory, inspection;architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the"'occurrence"which caused the"bodily injury" or"property damage", or the offense which caused the"personal and advertising injury" involved the rendering of or the failure to render any professional architectural,engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit of Section IV—Commercial General Liability Conditions; The additional insured must see to it that: (1) We are notified as soon as practicable of an"occurrencee'or offense that may result in a claim; (2) We receive written notice of a claim or"suit"as soon as practicable; and (3) A request for defense and indemnity of the claim or"suitt'will promptly be brought against any policy issued by another insurer under which the additional insured maybe an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory: D. Solely with respect to the coverage provided by this endorsement. 1. The following is added to the tither Insurance Condition of Section IV — Commercial General Liability Conditions; Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the tither Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary,excess,contingent or on any ether basis,available to an additional insured,in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence", offense;claim or"suit". This provision does not apply to any policy in which the additional insured is a Named insured on such ether policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A. . or Paragraph A.4.of this endorsement,the following is added to Section III Limits Of Insurance,- Additional Insured—Automatic—Owners,Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW(02/19) Inctudes copyrighted material of Insurance Services Office,Inc.,With its permission. Page 3 of INTERNAL USE ONLY 1. Required by the written contract or written agreement referenced in Section A.of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less: This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations: All other terms,conditions,provisions and exclusions of this policy remain the same; U-GL-21> -A C (02119) Includes copyrighted material o1 Insurance Services price,Inc.,with its permission. Page 4 of 4 INTERNAL USE ONLY City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 24-181 Sponsor: Matt Busby Agenda Date:4/2/2024 Index: In Control: City Council Meeting As required by Apache Junction City Code, Volume I, Chapter 3:Administration, Article 3-3: Department of the Finance, §§ 3-3-1 (C), the city manager is seeking ratification of the appointment of Angelie Hawley to the position of Finance Director. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-123 Sponsor:Jennifer Pena Agenda Date:4/2/2024 Index: In Control: City Council Meeting Proclamation designating the week of April 7 through April 13, 2024, as "National Library Week." City of Apache Junction,Arizona Page 1 Printed on 312712024 V I at F rot am ton NATIONAL LIBRARY WEEK APRIL 7-13, 2024 WHEREAS, libraries offer the opportunity for everyone to connect with others, learn new skills,, and pursue their passions, no matter where they are on life's journey; and WHEREAS, libraries adapt to the ever-changing needs of their communities, developing and expanding collections, programs, and services that are as diverse as the populations they serve; and WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; and WHEREAS, libraries play a pivotal role in economic development by providing resources and support for job seekers, entrepreneurs, and small businesses, thus contributing to local prosperity and growth; and WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; NOW, THEREFORE, 1, Walter "Chip" Wilson, Mayor of the City of Apache Junction, proclaim National Library Week, April 7-13, 2024. During this week, I encourage all residents to visit their library and celebrate the adventures and opportunities they unlock for us every day. NATIONAL LIBRARY WEEK Signed and attested to this 9 Md day of April 2024. —5)C&Ai241� Walter"Chip"Wilson Mayor A717EST: Ph i er e rnLa City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-153 Sponsor:Jennifer Pena Agenda Date:4/2/2024 Index: In Control: City Council Meeting Proclamation designating the week of April 6 through April 12, 2024, as "Week of the Young Child." City of Apache Junction,Arizona Page 1 Printed on 312712024 r Vroclamatton WEEK OF THE YOUNG CHILD APRIL 6-12,, 2024 WHEREAS, all of Arizona's children deserve access to quality early care and education (ECE) environments; and WHEREAS, quality child care programs build children's lifelong learning skills during the critical years from birth to age five. Funding quality childcare is a smart investment that improves family well-being, strengthens communities,, and grows our state's prosperity-, and WHEREAS, ECE teachers and child care providers are the essential workforce that helps Arizona parents get to work or school. Public policies that support ECE for Arizona's youngest learners help our families, communities, and the economy thrive; and WHEREAS, Arizona Association for the Education of Young Children, First Things First, and other community organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the 53rd anniversary of the Week of the Young Child; and WHEREAS, these organizations are working to improve equitable early childhood opportunities that provide a strong start for children in Apache Junction. NOW,, THEREFORE, 1, Walter "Chip"' Wilson, by virtue of the authority vested in me as Mayor of the City of Apache Junction, Arizona, do hereby proclaim April 6-12, 2024, as WEEK OF THE YOUNG CHILD Signed and attested to this h day of April 2024. Val& R41 �Jcl� Walter"Chip" Wilson Mayor ATTEST: nifer Pe City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 24-174 Sponsor:Jennifer Pena Agenda Date:4/2/2024 Index: In Control: City Council Meeting Proclamation designating April 2024 as"Fair Housing Month." City of Apache Junction,Arizona Page 1 Printed on 312712024 City ofApache Junction if 300 F. Superstition Boulevard -.1pache Junction,AZ 85119 .fi ATE: April 2, 2024 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Misty Moseley-Helber, Grants Administrator SUBJECT: Proclamation designating the month of April as "Fair Housing Month" REQUEST Staff respectfully requests the city council proclaim April 2024 as Fair Housing Month. This proclamation will fulfill one of the city's requirements as a recipient of grant funds from the Arizona Department of Housing. BACKGROUND Affirmatively Furthering Fair Housing was first included in the Fair Housing Act of 1964, which, in Title VI,prohibited discrimination in housing on the basis of race, color, and national origin. This Act also required that the United States Department of Housing and Urban Development ("HUD") administer its programs, including the Community Development Block Grant ("CDBG")program, in a manner that affirmatively promotes fair housing. Title VIII of the Civil Rights Act of 1968 covered housing discrimination on the basis of race, color, religion, sex, or national origin. Title VIII was amended in 1988 by the Fair Housing Act which added two categories of protected persons from housing discrimination: 1) families with children (anyone under 18); and 2) individuals with disabilities. The Housing and Community Development Act of 1974, as amended, in Section 104, specifically states that communities shall affirmatively further fair housing. HUD regulations require that the state CDBG program affirmatively further fair housing. This Act requires each community to certify that it will affirmatively further fair housing. When a community is involved in the provision of housing or housing services,whether funded through CDBG or with other public funds, it must ensure that such programs are designed and implemented in a non-discriminatory way. DISCUSSION The Arizona Department of Housing ("ADOH"), the regulatory agency, has indicated each community must complete the minimum requirements to further fair housing. These minimum requirements include: 1) Adopt a fair housing proclamation or resolution; and 2) Display a fair housing poster in at least one public area of the community's administration building/office year-round; and 3) Undertake at least one additional action specifically designed to further fair housing and/or educate the public about fair housing Laws. Currently, the city displays an English and Spanish fair housing poster in the lobby of the development services department; the state fair housing brochure is made available in the development services department lobby; information is posted on the city's website; and a press release is sent out. If a declaration of Fair Housing Month is not adopted, the city will be in violation of the laws as identified above and the regulations set forth by HUD and ADOH, thus jeopardizing future funding through CDBG. RECOMMENDATION Staff respectfully recommends the city council declare April 2024 as Fair Housing Month. 2 f proclamation FAIR HOUSING MONTH APRIL 2024 WHEREAS, the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988 prohibits discrimination in housing and declares it a national policy to provide for fair housing in the United States within constitutional limits; and WHEREAS, the principle of Fair Housing is not only national law and national policy but a fundamental human concept and entitlement for all Americans; and WHEREAS, discriminatory housing practices undermine the strength and vitality of America and its people; and WHEREAS, April has traditionally been designated as Fair Housing Month in the United States; NOW, THEREFORE, 1, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim April as FAIR HOUSING MONTH Signed and attested this day of April, 2024. Walter "Chip" Wil n Mayor ATTEST: et ifer ena nifer na City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 24-167 Sponsor: Chip Wilson Agenda Date:4/2/2024 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-168 Sponsor: Bryant Powell Agenda Date:4/2/2024 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 24-182 Sponsor: Bryant Powell Agenda Date:4/2/2024 Index: In Control: City Council Meeting Introduction of new Finance Director, Angelie Hawley. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 24-169 Sponsor: Eli Richardson Agenda Date:4/2/2024 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 24-178 Sponsor: Kelsey Schattnik Agenda Date:4/2/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Resolution No. 24-03, declaring as a public record that certain document filed with the City Clerk and entitled "2024 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8: Landscape Regulations"authorized under Ordinance No. 1545, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. City of Apache Junction,Arizona Page 1 Printed on 312712024 RESOLUTION NO. 24-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2024 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 SUPPLEMENTAL REGULATIONS, § 1-6-3 FENCES AND WALLS AND ARTICLE 1-8 : LANDSCAPE REGULATIONS, § 1-8-6 LANDSCAPE STANDARDS"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy, is filed with the city clerk and the electronic copy is accessible on the city' s website and are both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include fence and wall zoning regulations; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such document and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL 1 . That certain document entitled the "2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards", at least three paper copies, or one paper copy and one electronic copy, of which are accessible on the city' s website (www. apache-junct-i.onaz .gov) and filed in the office RESOLUTION NO. 24-03 PAGE 1 OF 2 of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, and shall be made available for public use and inspection, and said copies are ordered to remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein 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 , 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-03 PAGE 2 OF 2 ORDINANCE NO. 1545 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, BY REPEALING AND REPLACING PORTIONS OF ARTICLE 1-6: SUPPLEMENTAL REGULATIONS AND ARTICLE 1-8 : LANDSCAPE REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2024 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 SUPPLEMENTAL REGULATIONS, 1-6-3 FENCES AND WALLS; AND ARTICLE 1-8 : LANDSCAPE REGULATIONS, § 1-8-6 LANDSCAPE STANDARDS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on December 13, 2022, the planning and zoning commission gave direction to staff to review the permitted fence and wall materials in all zoning districts; and WHEREAS, on February 27, 2024, the Planning and Zoning Commission voted 6-0 to recommend approval to the City Council; and WHEREAS, on March 18, 2024, the Council considered the matter at a work session and on April 2, 2024 a subsequent public hearing was held; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by adopting by reference a revised version of the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, 1-8-6 Landscape Standards . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards be amended as referenced in the document noted in #2 . ORDINANCE NO. 1545 PAGE 1 OF 3 2 . That certain document known as the "2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website (www.apachejunctionaz .gov) and filed in the office of the city clerk of the City of Apache Junction, which document was made a public record by Resolution No . 24-03, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF f 2024 . SIGNED AND ATTESTED TO THIS DAY OF f 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk ORDINANCE NO. 1545 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1545 PAGE 3 OF 3 2024 Amendments to the Apache Junction City Code, Volume II , Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards The articles noted below are amended as follow: A) Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-3 Fences and Walls, is repealed and amended in its entirety as follows : 1-6-3 FENCES AND WALLS A. General Requirements and Maintenance in All Zoning Districts . 1 . Every fence and/or wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. All fences, walls, hedges or shrubbery shall be maintained in a good, structurally sound, and in a neat, clean and attractive condition at all times . 2 . Every fence and/or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private . Any such fence and/or wall which is, or has become, dangerous to public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the zoning administrator shall commence proper proceedings for the abatement thereof. 3 . No fence, wall, hedge or shrubbery shall be erected or cause to be erected that will interrupt, impede or otherwise alter the natural flow of water. Retaining walls require a permit and shall be reviewed by Development Services Engineering Staff. 4 . Properties with No Existing Fences/Walls . Fences and/or walls on properties with no existing fencing shall be constructed of similar and consistent materials on all four sides of the properties . 2 5 . Properties with Existing Fences/Walls . a. Fences and/or walls constructed on properties with existing fencing on at least one side shall construct a fence and/or wall of complementary materials based on the proposed use of the property. b. Fences and/or walls constructed on corner lots shall construct a fence and/or wall of similar and consistent materials on all street fronting sides of the property. 6 . Measuring Fence and Wall Height. Fence or wall height is measured as the vertical distance from the grade immediately under the structure to the top of the structure . When measuring fence and wall heights on properties which are characterized by notable topographical features, such as properties with slopes, elevation deviations, washes, swales, rock outcrops and other like features, building and code officers and/or inspectors shall look for reasonable compliance with fence/wall height standards . On these properties, some variations in fence/wall heights are expected and allowed. 7 . Easements . a. Fences and/or walls on both residential and non- residential properties cannot be placed within, or in a manner that restricts access to, Dedicated Right-of-Way ("ROW") , active Federally Patented Easements ("FPE") , or any other private or public utility easement or alleyway. b. Any fence and/or wall placed within, or that restricts access to, ROW, an existing FPE, extinguished FPE, or any other private or public utility easement is being placed at risk by the property owner (s) and could be subject to removal . 8 . Buildings used as part of a fence and/or wall shall be allowed in all zoning districts, as long as the building meets all setback requirements for the applicable zoning district. Fences and walls that are constructed in conjunction with the structure shall be designed in a 3 way that complements the main structure and is painted to match the primary color of the main structure . 9 . Any fence and/or wall above six (6) feet in height shall require a permit and be designed by an Arizona registered structural engineer. 10 . Visibility at Intersections . The location and height of fences and/or walls shall comply with § 1-6- 13 (i .e . , Visibility at Intersections) . 11 . Vacant/Undeveloped Properties . a. Property owners shall be permitted to install a temporary, chain-link fence around a vacant/undeveloped property regardless of zoning designation. Vinyl slats, tarps, mesh screens, or any other type of secondary material installed with the intent to screen the property are prohibited. b. Property owners of non-residential properties shall be permitted to install a more permanent fence and/or wall around a vacant/undeveloped property after review and approval from the Development Services Department . 12 . Any request to deviate from the provisions in this Chapter must receive approval from the Development Services Director or Designee . Alternative fence material may be approved by the Development Services Director or Designee upon a finding that the proposed material complies with the intent of the provisions of this code and that the fence material is at least the equivalent of that prescribed in this section in quality, strength, effectiveness, fire resistance, durability and safety. B. Prohibited Fencing in all Zoning Districts . 1 . Prohibited Materials . Unless otherwise specified, prohibited fence/wall materials include, but are not limited to: rope; string; wire products including but not limited to chicken wire, wire fabric, and similar 4 welded or woven wire fabrics; chain; netting; tarp/fabric including but not limited to mesh canvas, tarpaulin or similar non-rigid materials; dangerous cut or broken glass; razor wire or concertina wire; paper; unframed, reflective galvanized sheet or corrugated metal panels; plywood; or fiberglass panels in any fence or any other materials that are not manufactured specifically as fencing materials . The Development Services Director or Designee may require the applicant to provide the manufacturer' s standards to establish the intended use of a proposed fencing material . 2 . Dangerous Fences . It is unlawful for any person to erect or maintain within the City any fence which, by determination of the Director or designee, is, or may be, dangerous to persons, children or animals due to design, construction, materials, maintenance or placement. 3 . Electric Fences . Electrically charged fences shall not be erected or allowed to remain except as follows : a. Electrically charged fences shall be permitted only in the RS-GR, RS-54 and RS-54M zoning districts and shall be erected and maintained only for the keeping of livestock. b. All electrically charged fences shall be completely enclosed within another permitted fence . 4 . Barbed and Razor Wire Fences . Fences with strands of barbed and razor wire shall not be permitted, except as follows : a. Residential Districts . Barbed wire fencing shall be allowed for the keeping of large livestock in those residential zoning districts that allow large livestock and shall not be erected or maintained within 10 feet of any public place or public right-of- way, public easement or reservation for roadway purposes . All barbed wire fencing shall not exceed 6 feet in height and 5 shall be secured to posts or other supporting structures not more than 8 feet from each other. C. Single-Family Residential Zoning Districts . l . Height and Setback Requirements . a. Walls and Fences 0 feet to 4 feet in height. No minimum front, side, or rear setback is required. b. Walls and Fences greater than 4 feet - 6 feet in height . 1 . Solid Fences . Solid fences greater than 4 feet in height, but not exceeding 6 feet in height, must meet the main structure front setback for its designated zoning district . No side or rear setback is required. 2 . Partial View Fences . No front, side, or rear setbacks are required for partial view fences that achieve at least thirty-three percent (330) openness, overall, four feet solid, two feet (4' -2' ) view. c. Walls and Fences greater than 6 feet - 8 feet in height . Walls and fences greater than 6 feet in height, but not exceeding 8 feet in height, must meet main structure setback requirements for its designated zoning district regardless of design. d. Walls and Fences greater than 8 feet in height . Walls and fences greater than 8 feet in height are prohibited in single-family residential zoning districts . 6 P k"IWC 4' 21 Pl'i,,I1',6 6'"k'fid V�ew F V,evv Fmicv Ev C, e Site Visibility Triangle . No walls or fences more than 3 feet in height shall be placed on any corner lot within a 33' by 33' triangular yard spaced formed by the intersection of the lot lines adjoining the intersecting streets for a distance of 33 feet from such intersection and a line connecting the ends of such lot lines . 2 . Design Requirements for All Single-Family Residential Zoning Districts . a. Fences/Walls must be constructed of materials normally manufactured for, used as, and recognized as, exterior fencing or wall materials such as : wrought iron or other decorative metals; framed, painted/treated galvanized sheet or corrugated metal fence panels (excluding cargo container walls) that are painted/treated in a way to eliminate the reflective surface; ornamental aluminum and PVC; fired masonry; concrete; stone; chain link; wood planks; split rail; vinyl slats; or composite plastic manufactured specifically as wall or fencing materials . Fence materials must be manufactured for exterior use and shall be weather and decay-resistant. b. Mesh screening shall only be allowed as a secondary material type for the screening of sport courts . 7 c. Chicken wire, wire fabric, and similar welded or woven wire fabrics intended for the keeping of animals shall be allowed only as a secondary material type and cannot exceed the height of the primary fencing material . 3 . Rural Properties Zoned RS-GR, RS-54, and RS-54M._ a. Entry Gateway. One entry gateway, trellis, or other entry structure is permitted in the front setback area of lots within the RS-GR, RS-54 and RS-54M districts, provided the maximum height or width of the structure does not exceed 16 feet . b. Corral/Pen Fences . Corral/Pen fences shall only be allowed for the keeping of livestock and similar large animals, such as equine . Corral fences shall be permitted on RS-GR, RS-54 and RS- 54M zoned properties, as well as any residential property that is legally permitted to keep equine . 1 . Corral/Pen fences shall be constructed of wood, masonry, wrought iron, pipe-rail or similar material, but shall not be of solid construction or made of metal wire, such as chain-link or barbed wire . Mesh stall panel screens shall be allowed as a secondary material type. 2 . Corral/Pen fences shall not exceed six (6) feet in height. 3 . Corral/Pen fences are allowed within the front setback area but must be kept out of any existing easements or right-of-way. c. Ocotillo/Wooden Stick Fences are only allowed in the RS-GR, RS-54 and RS-54M zoning districts . D. Non-Residential, Multi-Family and New Residential Developments Zoning Districts . 1 . Decorative Fences and Walls . Wall designs shall require 8 the use of a minimum of three (3) materials including, but not limited to, decorative wrought iron view fencing, stone, brick, block, or textured block including treated, split-face, single-score or patterned integrally colored block of similar enhancement and may include changes in color or texture . 2 . All fences/walls along an arterial, collector or local streets shall provide decorative columns, offsets or undulations with a minimum of two (2) feet change to create additional variety. The columns/offsets/undulations shall be provided every one-hundred and fifty (150) feet. 3 . Chain-Link Fencing. Chain-link fencing on non- residential and multi-family zoned properties shall only be allowed during a temporary period of active construction or as security fencing on an undeveloped property. A secondary screening type, such as a mesh privacy fence, shall not be allowed unless permitted by the Development Services Director or designee . 4 . Patio Enclosures . a. Restaurant and bar patio enclosures shall be allowed. b. Height . 1 . Front Yard: 4 foot maximum 2 . Side and Rear Yard: 8 foot maximum c. Setback Requirements . 1 . Front Setback. 10 feet in B-1 and B-4 districts; no minimum setback in B-2 and B-3 districts . 2 Side or Rear Setback. No minimum required. 9 5 . Screen Walls . a. Front Yard Screen Walls . Front yard screen walls shall be a minimum of 4 . 1 feet to 8 foot maximum and are subject to the minimum main structure front setback requirement . b Side and Rear Yard Screen Walls . 1 . No minimum setback is required for side and rear yard screen walls between 6 feet and 8 feet in height. c. Screen walls for side and rear property lines . Where industrial or commercial development is proposed to be located adjacent to an existing or future residential property, decorative screen walls shall be required. d. Side and rear yard screen walls exceeding 8 feet in height shall be subject to the main structure' s minimum setback requirement . 6 . Parking Screen Walls . a. Height . Parking screen walls shall be between 3 feet - 4 feet in height . b. Front Setback. Parking screen walls shall meet a minimum 10 feet setback. c. If parking is located between the building and the front road right-of-way, a decorative wall or fence between 3 and 4 feet in height shall be installed at the interior edge of the planting strip to serve as a visual transition between the roadside planting strip and the parking area. 7 . Screening of outdoor storage . Outdoor storage on business zoned properties shall be screened. 8 . Screening of dumpsters . Dumpsters on non-residential and multi-family residential properties shall be screened with a minimum 6-foot-high decorative masonry wall and 10 a decorative gate which complements the design of the development. Dumpster gates shall be closed except while loading and unloading. 9 . Alternative wall designs and material types that meet the intent of this section may be considered by the Development Services Director or Designee . E. Nonconforming Fences . Any fence which does not meet the standards of this section, but which was established prior to the effective date of this Ordinance, may be eligible to be recognized as legal nonconforming, provided the owner proves legal nonconforming status pursuant to the procedures established in § 1-2-5 (i .e . , Nonconforming Uses, Structures and Lots) of this Ordinance, and provided the fence is not expanded or its nonconformance with these standards otherwise increased. Any fence which is in disrepair, destroyed or damaged to the extent of more than 500 of its total replacement value shall not be repaired, rebuilt or reconstructed except in conformance with the standards of this section. Any future fence constructed subsequent to the effective date of this Ordinance, that does not comply with this section shall be considered illegal and nonconforming. B) Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-8 Landscape Regulations, § 1-8-6 Landscape Standards (B) , is repealed and amended as follows : B. Screening. See Vol . II, § 1-6-3 (D) (5) . 11 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 24-177 Sponsor: Kelsey Schattnik Agenda Date:4/2/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1545, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls and Article 1-8: Landscape Regulations, Section 1-8-6, Landscape Standards. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. City of Apache Junction,Arizona Page 1 Printed on 312712024 ORDINANCE NO. 1545 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, BY REPEALING AND REPLACING PORTIONS OF ARTICLE 1-6: SUPPLEMENTAL REGULATIONS AND ARTICLE 1-8 : LANDSCAPE REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2024 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 SUPPLEMENTAL REGULATIONS, 1-6-3 FENCES AND WALLS; AND ARTICLE 1-8 : LANDSCAPE REGULATIONS, § 1-8-6 LANDSCAPE STANDARDS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on December 13, 2022, the planning and zoning commission gave direction to staff to review the permitted fence and wall materials in all zoning districts; and WHEREAS, on February 27, 2024, the Planning and Zoning Commission voted 6-0 to recommend approval to the City Council; and WHEREAS, on March 18, 2024, the Council considered the matter at a work session and on April 2, 2024 a subsequent public hearing was held; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by adopting by reference a revised version of the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, 1-8-6 Landscape Standards . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards be amended as referenced in the document noted in #2 . ORDINANCE NO. 1545 PAGE 1 OF 3 2 . That certain document known as the "2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website (www.apachejunctionaz .gov) and filed in the office of the city clerk of the City of Apache Junction, which document was made a public record by Resolution No . 24-03, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF f 2024 . SIGNED AND ATTESTED TO THIS DAY OF f 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk ORDINANCE NO. 1545 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1545 PAGE 3 OF 3 RESOLUTION NO. 24-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2024 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 SUPPLEMENTAL REGULATIONS, § 1-6-3 FENCES AND WALLS AND ARTICLE 1-8 : LANDSCAPE REGULATIONS, § 1-8-6 LANDSCAPE STANDARDS"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy, is filed with the city clerk and the electronic copy is accessible on the city' s website and are both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include fence and wall zoning regulations; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such document and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL 1 . That certain document entitled the "2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards", at least three paper copies, or one paper copy and one electronic copy, of which are accessible on the city' s website (www. apache-junct-i.onaz .gov) and filed in the office RESOLUTION NO. 24-03 PAGE 1 OF 2 of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, and shall be made available for public use and inspection, and said copies are ordered to remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein 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 , 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 24-03 PAGE 2 OF 2 2024 Amendments to the Apache Junction City Code, Volume II , Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8 : Landscape Regulations, § 1-8-6 Landscape Standards The articles noted below are amended as follow: A) Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-3 Fences and Walls, is repealed and amended in its entirety as follows : 1-6-3 FENCES AND WALLS A. General Requirements and Maintenance in All Zoning Districts . 1 . Every fence and/or wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. All fences, walls, hedges or shrubbery shall be maintained in a good, structurally sound, and in a neat, clean and attractive condition at all times . 2 . Every fence and/or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private . Any such fence and/or wall which is, or has become, dangerous to public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the zoning administrator shall commence proper proceedings for the abatement thereof. 3 . No fence, wall, hedge or shrubbery shall be erected or cause to be erected that will interrupt, impede or otherwise alter the natural flow of water. Retaining walls require a permit and shall be reviewed by Development Services Engineering Staff. 4 . Properties with No Existing Fences/Walls . Fences and/or walls on properties with no existing fencing shall be constructed of similar and consistent materials on all four sides of the properties . 2 5 . Properties with Existing Fences/Walls . a. Fences and/or walls constructed on properties with existing fencing on at least one side shall construct a fence and/or wall of complementary materials based on the proposed use of the property. b. Fences and/or walls constructed on corner lots shall construct a fence and/or wall of similar and consistent materials on all street fronting sides of the property. 6 . Measuring Fence and Wall Height. Fence or wall height is measured as the vertical distance from the grade immediately under the structure to the top of the structure . When measuring fence and wall heights on properties which are characterized by notable topographical features, such as properties with slopes, elevation deviations, washes, swales, rock outcrops and other like features, building and code officers and/or inspectors shall look for reasonable compliance with fence/wall height standards . On these properties, some variations in fence/wall heights are expected and allowed. 7 . Easements . a. Fences and/or walls on both residential and non- residential properties cannot be placed within, or in a manner that restricts access to, Dedicated Right-of-Way ("ROW") , active Federally Patented Easements ("FPE") , or any other private or public utility easement or alleyway. b. Any fence and/or wall placed within, or that restricts access to, ROW, an existing FPE, extinguished FPE, or any other private or public utility easement is being placed at risk by the property owner (s) and could be subject to removal . 8 . Buildings used as part of a fence and/or wall shall be allowed in all zoning districts, as long as the building meets all setback requirements for the applicable zoning district. Fences and walls that are constructed in conjunction with the structure shall be designed in a 3 way that complements the main structure and is painted to match the primary color of the main structure . 9 . Any fence and/or wall above six (6) feet in height shall require a permit and be designed by an Arizona registered structural engineer. 10 . Visibility at Intersections . The location and height of fences and/or walls shall comply with § 1-6- 13 (i .e . , Visibility at Intersections) . 11 . Vacant/Undeveloped Properties . a. Property owners shall be permitted to install a temporary, chain-link fence around a vacant/undeveloped property regardless of zoning designation. Vinyl slats, tarps, mesh screens, or any other type of secondary material installed with the intent to screen the property are prohibited. b. Property owners of non-residential properties shall be permitted to install a more permanent fence and/or wall around a vacant/undeveloped property after review and approval from the Development Services Department . 12 . Any request to deviate from the provisions in this Chapter must receive approval from the Development Services Director or Designee . Alternative fence material may be approved by the Development Services Director or Designee upon a finding that the proposed material complies with the intent of the provisions of this code and that the fence material is at least the equivalent of that prescribed in this section in quality, strength, effectiveness, fire resistance, durability and safety. B. Prohibited Fencing in all Zoning Districts . 1 . Prohibited Materials . Unless otherwise specified, prohibited fence/wall materials include, but are not limited to: rope; string; wire products including but not limited to chicken wire, wire fabric, and similar 4 welded or woven wire fabrics; chain; netting; tarp/fabric including but not limited to mesh canvas, tarpaulin or similar non-rigid materials; dangerous cut or broken glass; razor wire or concertina wire; paper; unframed, reflective galvanized sheet or corrugated metal panels; plywood; or fiberglass panels in any fence or any other materials that are not manufactured specifically as fencing materials . The Development Services Director or Designee may require the applicant to provide the manufacturer' s standards to establish the intended use of a proposed fencing material . 2 . Dangerous Fences . It is unlawful for any person to erect or maintain within the City any fence which, by determination of the Director or designee, is, or may be, dangerous to persons, children or animals due to design, construction, materials, maintenance or placement. 3 . Electric Fences . Electrically charged fences shall not be erected or allowed to remain except as follows : a. Electrically charged fences shall be permitted only in the RS-GR, RS-54 and RS-54M zoning districts and shall be erected and maintained only for the keeping of livestock. b. All electrically charged fences shall be completely enclosed within another permitted fence . 4 . Barbed and Razor Wire Fences . Fences with strands of barbed and razor wire shall not be permitted, except as follows : a. Residential Districts . Barbed wire fencing shall be allowed for the keeping of large livestock in those residential zoning districts that allow large livestock and shall not be erected or maintained within 10 feet of any public place or public right-of- way, public easement or reservation for roadway purposes . All barbed wire fencing shall not exceed 6 feet in height and 5 shall be secured to posts or other supporting structures not more than 8 feet from each other. C. Single-Family Residential Zoning Districts . l . Height and Setback Requirements . a. Walls and Fences 0 feet to 4 feet in height. No minimum front, side, or rear setback is required. b. Walls and Fences greater than 4 feet - 6 feet in height . 1 . Solid Fences . Solid fences greater than 4 feet in height, but not exceeding 6 feet in height, must meet the main structure front setback for its designated zoning district . No side or rear setback is required. 2 . Partial View Fences . No front, side, or rear setbacks are required for partial view fences that achieve at least thirty-three percent (330) openness, overall, four feet solid, two feet (4' -2' ) view. c. Walls and Fences greater than 6 feet - 8 feet in height . Walls and fences greater than 6 feet in height, but not exceeding 8 feet in height, must meet main structure setback requirements for its designated zoning district regardless of design. d. Walls and Fences greater than 8 feet in height . Walls and fences greater than 8 feet in height are prohibited in single-family residential zoning districts . 6 P k"IWC 4' 21 Pl'i,,I1',6 6'"k'fid V�ew F V,evv Fmicv Ev C, e Site Visibility Triangle . No walls or fences more than 3 feet in height shall be placed on any corner lot within a 33' by 33' triangular yard spaced formed by the intersection of the lot lines adjoining the intersecting streets for a distance of 33 feet from such intersection and a line connecting the ends of such lot lines . 2 . Design Requirements for All Single-Family Residential Zoning Districts . a. Fences/Walls must be constructed of materials normally manufactured for, used as, and recognized as, exterior fencing or wall materials such as : wrought iron or other decorative metals; framed, painted/treated galvanized sheet or corrugated metal fence panels (excluding cargo container walls) that are painted/treated in a way to eliminate the reflective surface; ornamental aluminum and PVC; fired masonry; concrete; stone; chain link; wood planks; split rail; vinyl slats; or composite plastic manufactured specifically as wall or fencing materials . Fence materials must be manufactured for exterior use and shall be weather and decay-resistant. b. Mesh screening shall only be allowed as a secondary material type for the screening of sport courts . 7 c. Chicken wire, wire fabric, and similar welded or woven wire fabrics intended for the keeping of animals shall be allowed only as a secondary material type and cannot exceed the height of the primary fencing material . 3 . Rural Properties Zoned RS-GR, RS-54, and RS-54M._ a. Entry Gateway. One entry gateway, trellis, or other entry structure is permitted in the front setback area of lots within the RS-GR, RS-54 and RS-54M districts, provided the maximum height or width of the structure does not exceed 16 feet . b. Corral/Pen Fences . Corral/Pen fences shall only be allowed for the keeping of livestock and similar large animals, such as equine . Corral fences shall be permitted on RS-GR, RS-54 and RS- 54M zoned properties, as well as any residential property that is legally permitted to keep equine . 1 . Corral/Pen fences shall be constructed of wood, masonry, wrought iron, pipe-rail or similar material, but shall not be of solid construction or made of metal wire, such as chain-link or barbed wire . Mesh stall panel screens shall be allowed as a secondary material type. 2 . Corral/Pen fences shall not exceed six (6) feet in height. 3 . Corral/Pen fences are allowed within the front setback area but must be kept out of any existing easements or right-of-way. c. Ocotillo/Wooden Stick Fences are only allowed in the RS-GR, RS-54 and RS-54M zoning districts . D. Non-Residential, Multi-Family and New Residential Developments Zoning Districts . 1 . Decorative Fences and Walls . Wall designs shall require 8 the use of a minimum of three (3) materials including, but not limited to, decorative wrought iron view fencing, stone, brick, block, or textured block including treated, split-face, single-score or patterned integrally colored block of similar enhancement and may include changes in color or texture . 2 . All fences/walls along an arterial, collector or local streets shall provide decorative columns, offsets or undulations with a minimum of two (2) feet change to create additional variety. The columns/offsets/undulations shall be provided every one-hundred and fifty (150) feet. 3 . Chain-Link Fencing. Chain-link fencing on non- residential and multi-family zoned properties shall only be allowed during a temporary period of active construction or as security fencing on an undeveloped property. A secondary screening type, such as a mesh privacy fence, shall not be allowed unless permitted by the Development Services Director or designee . 4 . Patio Enclosures . a. Restaurant and bar patio enclosures shall be allowed. b. Height . 1 . Front Yard: 4 foot maximum 2 . Side and Rear Yard: 8 foot maximum c. Setback Requirements . 1 . Front Setback. 10 feet in B-1 and B-4 districts; no minimum setback in B-2 and B-3 districts . 2 Side or Rear Setback. No minimum required. 9 5 . Screen Walls . a. Front Yard Screen Walls . Front yard screen walls shall be a minimum of 4 . 1 feet to 8 foot maximum and are subject to the minimum main structure front setback requirement . b Side and Rear Yard Screen Walls . 1 . No minimum setback is required for side and rear yard screen walls between 6 feet and 8 feet in height. c. Screen walls for side and rear property lines . Where industrial or commercial development is proposed to be located adjacent to an existing or future residential property, decorative screen walls shall be required. d. Side and rear yard screen walls exceeding 8 feet in height shall be subject to the main structure' s minimum setback requirement . 6 . Parking Screen Walls . a. Height . Parking screen walls shall be between 3 feet - 4 feet in height . b. Front Setback. Parking screen walls shall meet a minimum 10 feet setback. c. If parking is located between the building and the front road right-of-way, a decorative wall or fence between 3 and 4 feet in height shall be installed at the interior edge of the planting strip to serve as a visual transition between the roadside planting strip and the parking area. 7 . Screening of outdoor storage . Outdoor storage on business zoned properties shall be screened. 8 . Screening of dumpsters . Dumpsters on non-residential and multi-family residential properties shall be screened with a minimum 6-foot-high decorative masonry wall and 10 a decorative gate which complements the design of the development. Dumpster gates shall be closed except while loading and unloading. 9 . Alternative wall designs and material types that meet the intent of this section may be considered by the Development Services Director or Designee . E. Nonconforming Fences . Any fence which does not meet the standards of this section, but which was established prior to the effective date of this Ordinance, may be eligible to be recognized as legal nonconforming, provided the owner proves legal nonconforming status pursuant to the procedures established in § 1-2-5 (i .e . , Nonconforming Uses, Structures and Lots) of this Ordinance, and provided the fence is not expanded or its nonconformance with these standards otherwise increased. Any fence which is in disrepair, destroyed or damaged to the extent of more than 500 of its total replacement value shall not be repaired, rebuilt or reconstructed except in conformance with the standards of this section. Any future fence constructed subsequent to the effective date of this Ordinance, that does not comply with this section shall be considered illegal and nonconforming. B) Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-8 Landscape Regulations, § 1-8-6 Landscape Standards (B) , is repealed and amended as follows : B. Screening. See Vol . II, § 1-6-3 (D) (5) . 11 City ofApache Junction Development Services Department Date: March 20, 2024 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Kelsey Schattnik, Senior Planner Subject: April 2, 2024, City Council Public Hearing Items : (Ordinance No. 1544, Ordinance No. 1545, and Resolution No. 24-03) A proposed text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-3, Fences and Walls and Article 1-8 Landscape Regulations; and Volume I, Apache Junction City Code, Volume I, Apache Junction, Arizona City Code, Chapter 9 : Health and Sanitation, Article 9-1 : Property Maintenance Standards, Section 9-1-2, Definitions . Background On December 13, 2022, The Planning and Zoning Commission directed staff to research and provide recommendations regarding fence and wall materials . On February 14, 2023, Staff presented a brief update to the Commission. The update explained that Staff was looking into the design guidelines of other municipalities . The focus was to review the unpermitted materials in both commercial and residential zoning districts, as well as looking into the possibility of providing alternative guidelines for rural, horse properties . On January 23, 2024, Staff held a work session with the Planning and Zoning Commission to discuss the proposed changes to Section 1-6-3 Fences and Walls . Staff received no questions regarding the proposed changes from the Planning and Zoning Commission. As such, no additional changes, outside of minor grammatical edits, Text Amendment to Section 1-6-3 Fences and Walls-Case P-23-14-AM April 2,2024-City Council Public Hearing City ofApache Junction Development Services Department were made to the proposed text amendment as presented on January 23rd. On March 18, 2023, Staff held a work session with City Council to discuss the proposed text amendment . Throughout the meeting, several items were discussed regarding the current proposed changes : 1 . Timeframe of chain-link fences on vacant properties . 2 . Definition of Sports Courts (Single Family Residential Zoning) 3 . Definition of "reasonable" 4 . Flammable materials 5 . Additional clarification of permitted materials 6 . Non-conforming fences The full meeting can be viewed at the below link: https : Jfapachejunction.legistar.com/MeetingDetail.aspx?ID=1132847&GUID =FB1C38D6-191D-41A8-8805-3313EDCD83CD&Options=infol &Search= Staff has amended the proposed text that was presented at the work session on March 18, 2024 to provide additional clarity to all items discussed during the work session. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on February 27, 2024 (Planning Staff Report and exhibits attached) . The Commission voted unanimously to approve the proposed text amendment. The attached draft text amendment, as well as the details found within the Planning and Zoning Commission Staff Report, represents Staff' s and the Commission' s recommendation. Staff Recommendation Staff recommends approval of the proposed text amendment Case No . P-23-14-AM, which includes Ordinance No. 1544, Ordinance No. 1545, and Resolution No. 24-03 . Attachments : • 2024 Fence and Wall Regulations (clean) • Ordinance No. 1544 (draft) • Ordinance No. 1545 (draft) • Resolution No. 24-03 (draft) • PZ Staff Report from February 27, 2024 Text Amendment to Section 1-6-3 Fences and Walls-Case P-23-14-AM April 2,2024-City Council Public Hearing City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION DISCUSSION ITEM STAFF MEMO DATE: February 27, 2024 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Kelsey Schattnik, Senior Planner CASE NUMBER: P-23-14-AM REQUEST: Presentation, discussion, public hearing and consideration of a proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls; Article 1-8 Landscape Regulations; and Volume I, Apache Junction City Code, Volume I. Apache Junction, Arizona City Code, Chapter 9: Health and Sanitation, Article 9-1 : Property Maintenance Standards, Section 9- 1-2, Definitions . WORK SESSION Staff held a work session on January 23, 2024 with the Planning and Zoning Commission to discuss the proposed changes to Section 1-6-3 Fences and Walls. Staff received no questions regarding the proposed changes from the Planning and Zoning Commission. As such, no additional changes, outside of minor grammatical edits, were made to the proposed text amendment as presented on January 23rd BACKGROUND On December 13, 2022, The Planning and Zoning Commission directed staff to research and provide recommendations regarding fencing and wall materials . On February 14, 2022, Staff presented a brief update to the Commission. The update explained that Staff was looking into the design guidelines Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 1 of other municipalities . The focus was to look into the unpermitted materials in both commercial and residential zoning districts, as well as looking into the possibility of providing alternative guidelines for rural, horse properties . Staff reviewed a variety of Fences/Wall codes throughout the Phoenix area including Avondale, Buckeye, Casa Grande, Chandler, Marana, Mesa, Phoenix, Tempe, and Queen Creek. A few key points were discovered throughout the research phase: 1 . The types of prohibited materials within our existing code were consistent with other municipalities. 2 . Other municipalities provided specific/alternate regulations for rural properties. Based on these findings, Staff is proposing the following updates to Section 1-6-3 Fences and Walls: Reorganization of Chapter Language The code language has now been organized into five (5) Sections : A. General Requirements and Maintenance in All Zoning Districts B. Prohibited Fencing in All Zoning Districts C. Single-Family Residential Zoning Districts D. Non-Residential and Multi-Family Zoning Districts E. Non-Conforming Fences Staff believes this change will provide a better clarification for both residents and developers, while helping to reduce redundancy within our current code. All Zoning Districts Language was added to the code to provide standard maintenance requirements in all zoning districts, clarification on the location of fences/wall in relation to easements, as well as fencing/walls permitted on vacant properties. Prohibited Fencing Materials in All Zoning District A few materials were added to the prohibited material section of the code. These items were either already considered unpermitted materials or there are alternative material types that create a better curb appeal with similar impact. The materials that were added to the code are as follows : 1 . Fabric/Tarps (mesh canvas, tarpaulin, or similar non-rigid materials) Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 2 2 . Razor Wire or Concertina Wire 3 . Unframed, reflective galvanized sheet or corrugated metal panels Rural Properties (RS-GR, RS-54, RS-54M) 1 . Horse Corral/Pen Fencing While horse corral/pen fencing was always permitted within these zoning districts, the code lacked language on these specific types of fences . The code language has been updated to define where these types of fences are permitted, as well as better explain the design of these types of fences. 2. Ocotillo/Wooden Stick Fences Ocotillo/Wooden Stick Fences are reflective of a rural design style and as such will only be permitted within the RS-GR, RS-54, and RS-54M zoning districts . Additional Permitted Fencing in Residential Zoning Districts 1 . Galvanized sheet or corrugated metal panels were previously an unpermitted fencing material type, but, moving forward, this type of fencing material will be allowed if it is painted/treated to eliminate the reflective surface. 2 . Mesh privacy screening is only permitted as a secondary material type for sport courts . 3 . Chicken wire, wire fabric, and similar welded or woven wire fabrics is only permitted as a secondary material type for the keeping of animals . Non-Residential and Multi-Family Zoning Districts 1 . The language for Parking Screen Walls was previously found within our Landscape Regulations but is now being relocated to Fences/Walls. The language of this section is not being altered. 2 . The existing landscape regulations require a "decorative wall" for non-residential and multi-family properties, but there is limited information about what needs to be included as part of the wall. a. Staff has revised the regulations to include language defining a "decorative wall. " b. These revisions are consistent with comments provided by Staff to applications throughout the entitlement process. The draft text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls; Article 1-8 Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 3 Landscape Regulations, and Volume I, Apache Junction City Code, Volume I, Apache Junction, Arizona City Code, Chapter 9: Health and Sanitation, Article 9-1 : Property Maintenance Standards, Section 9-1-2, Definitions. is attached. f'—/eLse� sc'k2ttkl"L� Prepared by Kelsey Schattnik Senior Planner Attachments : - Existing Section 1-6-3 Fences and Walls - Clean and Edited Drafts of the proposed Amendments to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls. Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 24-179 Sponsor: Kelsey Schattnik Agenda Date:4/2/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1544, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume I, Chapter 9: Health and Sanitation by repealing and replacing portions of Article 9-1: Property Maintenance Standards§9-1-2 Definitions, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. City of Apache Junction,Arizona Page 1 Printed on 312712024 ORDINANCE NO. 1544 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9 : HEALTH AND SANITATION, BY REPEALING AND REPLACING PORTIONS OF ARTICLE 9-1 : PROPERTY MAINTENANCE STANDARDS § 9-1-2 DEFINITIONS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the mayor and city council desire to amend the permitted fence and wall materials referenced in the city zoning ordinance which changes the definition of FENCE, MATERIALS PROHIBITED defined in Volume I, Chapter 9 : Health and Sanitation, Article 9-1 : Property Maintenance Standards, § 9-1-2 Definitions; and WHEREAS, a council work session was held on March 18, 2024 and a public hearing on April 2, 2024, was held to discuss the proposed amendment to the zoning code as noted above . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the definition of Fence, Materials Prohibited located in Apache Junction City Code, Volume I, Chapter 9 : Health and Sanitation, Article 9-1 : Property Maintenance Standards, § 9- 1-2 Definitions, be amended as follows : "FENCE, MATERIALS PROHIBITED. Unless otherwise specified, prohibited fence/wall materials include, but are not limited to: rope; string; wire products including but not limited to chicken wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; tarp/fabric including but not limited to mesh canvas, tarpaulin or similar non-rigid materials; dangerous cut or broken glass; razor wire or concertina wire; paper; unframed, reflective galvanized sheet or corrugated metal panels; plywood; or fiberglass panels in any fence or any other materials that are not manufactured specifically as fencing materials . The Development Services Director or Designee may require the applicant to provide the manufacturer' s standards to establish the intended use of a proposed fencing material . " ORDINANCE NO. 1544 1 OF 2 SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance 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. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1544 2 OF 2 City ofApache Junction Development Services Department Date: March 20, 2024 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Kelsey Schattnik, Senior Planner Subject: April 2, 2024, City Council Public Hearing Items : (Ordinance No. 1544, Ordinance No. 1545, and Resolution No. 24-03) A proposed text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-3, Fences and Walls and Article 1-8 Landscape Regulations; and Volume I, Apache Junction City Code, Volume I, Apache Junction, Arizona City Code, Chapter 9 : Health and Sanitation, Article 9-1 : Property Maintenance Standards, Section 9-1-2, Definitions . Background On December 13, 2022, The Planning and Zoning Commission directed staff to research and provide recommendations regarding fence and wall materials . On February 14, 2023, Staff presented a brief update to the Commission. The update explained that Staff was looking into the design guidelines of other municipalities . The focus was to review the unpermitted materials in both commercial and residential zoning districts, as well as looking into the possibility of providing alternative guidelines for rural, horse properties . On January 23, 2024, Staff held a work session with the Planning and Zoning Commission to discuss the proposed changes to Section 1-6-3 Fences and Walls . Staff received no questions regarding the proposed changes from the Planning and Zoning Commission. As such, no additional changes, outside of minor grammatical edits, Text Amendment to Section 1-6-3 Fences and Walls-Case P-23-14-AM April 2,2024-City Council Public Hearing City ofApache Junction Development Services Department were made to the proposed text amendment as presented on January 23rd. On March 18, 2023, Staff held a work session with City Council to discuss the proposed text amendment . Throughout the meeting, several items were discussed regarding the current proposed changes : 1 . Timeframe of chain-link fences on vacant properties . 2 . Definition of Sports Courts (Single Family Residential Zoning) 3 . Definition of "reasonable" 4 . Flammable materials 5 . Additional clarification of permitted materials 6 . Non-conforming fences The full meeting can be viewed at the below link: https : Jfapachejunction.legistar.com/MeetingDetail.aspx?ID=1132847&GUID =FB1C38D6-191D-41A8-8805-3313EDCD83CD&Options=infol &Search= Staff has amended the proposed text that was presented at the work session on March 18, 2024 to provide additional clarity to all items discussed during the work session. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on February 27, 2024 (Planning Staff Report and exhibits attached) . The Commission voted unanimously to approve the proposed text amendment. The attached draft text amendment, as well as the details found within the Planning and Zoning Commission Staff Report, represents Staff' s and the Commission' s recommendation. Staff Recommendation Staff recommends approval of the proposed text amendment Case No . P-23-14-AM, which includes Ordinance No. 1544, Ordinance No. 1545, and Resolution No. 24-03 . Attachments : • 2024 Fence and Wall Regulations (clean) • Ordinance No. 1544 (draft) • Ordinance No. 1545 (draft) • Resolution No. 24-03 (draft) • PZ Staff Report from February 27, 2024 Text Amendment to Section 1-6-3 Fences and Walls-Case P-23-14-AM April 2,2024-City Council Public Hearing City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION DISCUSSION ITEM STAFF MEMO DATE: February 27, 2024 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager FROM: Kelsey Schattnik, Senior Planner CASE NUMBER: P-23-14-AM REQUEST: Presentation, discussion, public hearing and consideration of a proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls; Article 1-8 Landscape Regulations; and Volume I, Apache Junction City Code, Volume I. Apache Junction, Arizona City Code, Chapter 9: Health and Sanitation, Article 9-1 : Property Maintenance Standards, Section 9- 1-2, Definitions . WORK SESSION Staff held a work session on January 23, 2024 with the Planning and Zoning Commission to discuss the proposed changes to Section 1-6-3 Fences and Walls. Staff received no questions regarding the proposed changes from the Planning and Zoning Commission. As such, no additional changes, outside of minor grammatical edits, were made to the proposed text amendment as presented on January 23rd BACKGROUND On December 13, 2022, The Planning and Zoning Commission directed staff to research and provide recommendations regarding fencing and wall materials . On February 14, 2022, Staff presented a brief update to the Commission. The update explained that Staff was looking into the design guidelines Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 1 of other municipalities . The focus was to look into the unpermitted materials in both commercial and residential zoning districts, as well as looking into the possibility of providing alternative guidelines for rural, horse properties . Staff reviewed a variety of Fences/Wall codes throughout the Phoenix area including Avondale, Buckeye, Casa Grande, Chandler, Marana, Mesa, Phoenix, Tempe, and Queen Creek. A few key points were discovered throughout the research phase: 1 . The types of prohibited materials within our existing code were consistent with other municipalities. 2 . Other municipalities provided specific/alternate regulations for rural properties. Based on these findings, Staff is proposing the following updates to Section 1-6-3 Fences and Walls: Reorganization of Chapter Language The code language has now been organized into five (5) Sections : A. General Requirements and Maintenance in All Zoning Districts B. Prohibited Fencing in All Zoning Districts C. Single-Family Residential Zoning Districts D. Non-Residential and Multi-Family Zoning Districts E. Non-Conforming Fences Staff believes this change will provide a better clarification for both residents and developers, while helping to reduce redundancy within our current code. All Zoning Districts Language was added to the code to provide standard maintenance requirements in all zoning districts, clarification on the location of fences/wall in relation to easements, as well as fencing/walls permitted on vacant properties. Prohibited Fencing Materials in All Zoning District A few materials were added to the prohibited material section of the code. These items were either already considered unpermitted materials or there are alternative material types that create a better curb appeal with similar impact. The materials that were added to the code are as follows : 1 . Fabric/Tarps (mesh canvas, tarpaulin, or similar non-rigid materials) Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 2 2 . Razor Wire or Concertina Wire 3 . Unframed, reflective galvanized sheet or corrugated metal panels Rural Properties (RS-GR, RS-54, RS-54M) 1 . Horse Corral/Pen Fencing While horse corral/pen fencing was always permitted within these zoning districts, the code lacked language on these specific types of fences . The code language has been updated to define where these types of fences are permitted, as well as better explain the design of these types of fences. 2. Ocotillo/Wooden Stick Fences Ocotillo/Wooden Stick Fences are reflective of a rural design style and as such will only be permitted within the RS-GR, RS-54, and RS-54M zoning districts . Additional Permitted Fencing in Residential Zoning Districts 1 . Galvanized sheet or corrugated metal panels were previously an unpermitted fencing material type, but, moving forward, this type of fencing material will be allowed if it is painted/treated to eliminate the reflective surface. 2 . Mesh privacy screening is only permitted as a secondary material type for sport courts . 3 . Chicken wire, wire fabric, and similar welded or woven wire fabrics is only permitted as a secondary material type for the keeping of animals . Non-Residential and Multi-Family Zoning Districts 1 . The language for Parking Screen Walls was previously found within our Landscape Regulations but is now being relocated to Fences/Walls. The language of this section is not being altered. 2 . The existing landscape regulations require a "decorative wall" for non-residential and multi-family properties, but there is limited information about what needs to be included as part of the wall. a. Staff has revised the regulations to include language defining a "decorative wall. " b. These revisions are consistent with comments provided by Staff to applications throughout the entitlement process. The draft text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls; Article 1-8 Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 3 Landscape Regulations, and Volume I, Apache Junction City Code, Volume I, Apache Junction, Arizona City Code, Chapter 9: Health and Sanitation, Article 9-1 : Property Maintenance Standards, Section 9-1-2, Definitions. is attached. f'—/eLse� sc'k2ttkl"L� Prepared by Kelsey Schattnik Senior Planner Attachments : - Existing Section 1-6-3 Fences and Walls - Clean and Edited Drafts of the proposed Amendments to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls. Planning and Zoning Commission Staff Report Case P-23-14-AM-February 27,2024 4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 24-183 Sponsor:Anna McCray Agenda Date:4/2/2024 Index: In Control: City Council Meeting Discussion and consideration of approval of the placement on the salary schedule of the newly created classification of Marketing and Communications Director. Pursuant to the 2023 City of Apache Junction Personnel Rules, Rule 6 Classification, Section 4 Creation, Abolishment and Reclassification of Positions, City Council approval is required for the classification of a position in Grade 42 and higher on the civilian salary schedule. This position will be in Management Services and report to the City Manager. City of Apache Junction,Arizona Page 1 Printed on 312712024 City of Apache Junction Human Resources Department DATE: April 2, 2024 TO: Honorable Mayor and City Council FROM: Anna McCray, Human Resources Director SUBJECT: Marketing and Communications Director Classification Background: Over the past year,with the addition of a Digital Communications Specialist, it has become evident the focus required for communications and community connection via digital as well as traditional platforms will continue to grow at a vigorous pace. The city's communication needs have reached the point where the city requires an assigned director tasked with definingthe necessary strategies to achieve our marketing and communications objectives. The director position will join the three staff positions currently assigned to Marketing and Communications division of Management Services. The 2023 City of Apache Junction Personnel Rules requires council approval for any position proposed to be classified at a Grade 42 or above. The new Marketing and Communications Director is proposed to be classified at Grade 42 on the Fiscal Year 2023-2024 City of Apache Junction and Water District Classification and Compensation Plan.This is equivalent to the same grade utilized for all director level classifications within the city. Recommendation: Staff recommends council approve the placement of the classification of Marketing and Communications Director at Grade 42 on the Fiscal Year 2023-2024 City of Apache Junction and Water District Classification and Compensation Plan. 300 E Superstition Blvd,Apache Junction,AZ 85119 (480)474-2617 40, www.apachejunctionaz.gov/jobs Marketing and Communications Director Department: Management Services SUMMARY:Positions in this class plan,organize,manage, and direct the activities and programs of the city's marketing and communication division. Provide direction for professional.staff services in media and community relations and marketing functions to ensure that the city's key messages reach the public;monitors regional sources;assesses value and impact of information,and recommends a course of action.This position plays a key integral rule with city council, city management,internal departments,local and regional groups,and the general public.In addition,the employee is responsible for overseeing the development, preparation,and implementation of the department budget. ESSENTIAL FUNCTIONS:The following are intended to describe the acre work functions of this classification. While the level and broad nature of essential duties may not change,specific work tasks may vary over time depending on the city's needs. Oversee the activities of the marketing and communications ication division,including digital platforms such as the website social media,newsletter, media correspondence and cable channel,and the development of marketing and promotional materials and campaigns: Manage,direct,and evaluate staff;processes employee concerns and problems;counsels,disciplines,and completes employee performance appraisals;conducts interviews and makes hiring recommendations, Oversee the city's community outreach and community engagement programs to build and promote awareness of the city's goals,activities,and programs and to fester community engagement and participation, Develop strategies and provide direction on community engagement programs.Work closely with outside community groups and organizations. Oversee the strategic collection and dissemination of information about the city,its operations,and events. Respond to and resolves politically sensitive inquiries,issues and concerns. Develop and update the city's strategic communication plan. Oversee correspondence can behalf of the city and elected officials,providing communication consulting services and media/social media training to city departments,and conducting survey and focus groups to obtain and/or disseminate information. Responsible for the marketing and communication budget: Support the city's policies,goals and objectives and work with management nt and lather staff to achieve such goals and objectives. KNOWLEDGE AND SKILLS: Demonstrated Knowledge: City and Department procedures, policies,and guidelines;Arizona Revised Statutes and records retention,. Managerial principles and strategies. Marketing and nubile Information Director City of Apache Junction 1 of 2 Public relations principles and practices. Crisis communication principles and practices. Strategic marketing and communications theories, principles, and}practices: Modern technology': Skill in Communication and interpersonal skills as applied to interaction with coworkers,supervisor,the general public,and other interested parties sufficient to exchange or convey information and to receive work direction,communicating clearly and concisely. Planning and managing projects, navigating social media website ebsite administration. Writing logically and objectively: MINIMUM QULIEI TI S Graduation from a college or university accredited by an agency recognized by the U.S.Secretary of Education or Council for Higher Education Accreditation(CHE with a Bachelor's Degree in marketing,communications,journalism, public administration, English,or a related field;and eight lfsl years of related experience;and three{ }years of supervisory experience,or an equivalent combination of directly related education and experience. Master's Degree is preferred.. LICENSE,CERTIFICATION AND/ SPECIAL REQUIREMENTS: Candidates who are selected for appointment may be required to be fingerprinted,if 18 or older;successfully complete a background investigation,employment verification and may be subject to a drug/alcohol test,medical,polygraph and/or psychological evaluation.Candidates who are appointed will be required to possess a valid driver's license to operate a vehicle in Arizona,or meet the transportation feeds of the position. PHYSICAL DEMANDS AND WORKINGill E T: Work is performed in an office environment with occasional outdoor work in various temperatures. Some evenings, weekends and holiday work may be required: May require frequent sitting and continuous operation of a personal computer. May be required to perform a full range of motion with lifting and/or carrying items;weighing up to 25 pounds.. Adopted:March 2024 Revised:: Marketing and Public Information Director City of Apache Junction 2of City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 17. File ID: 24-173 Sponsor: Michael Pooley Agenda Date:4/2/2024 Index: In Control: City Council Meeting Presentation, discussion and direction to staff regarding proposed fee changes to the Apache Junction Public Safety Animal Control Fee Schedule-Article 4-3 and Public Safety Fee Schedule-Article 4-7. City of Apache Junction,Arizona Page 1 Printed on 312712024 Apache Junction Police Department Memorandum Date: March 27, 2024 To: Mayor and City Council From: Chief Michael Pooley Subject: Proposed increase in fees for Animal Control and Records Division. _­­.....................­­­­-­­­­-­.....................................................................1-1-1...................1-1 1-1.........................I...........................1-1.............................................1-1-1............................... The Apache Junction Police Department ("AJPD") is requesting the mayor and council direct staff to move forward with the increases to the Animal Control and Records Division prices. With the rising costs of time, supplies and process changes, the AJPD needs to change the fees for customer services at Animal Control and the Records Division. The last time the fees have been changed for Animal Control was in 2018. There has been a significant rise in the cost of medical care, food and personnel. The budget for the Animal Control Division of the police department does not fully cover the daily cost of running an animal shelter. The Records Division similarly has experienced an increase in services with paper and personnel due to time-consuming public record request of note and the incredible cost for redactions to body camera footage. Newly passed laws address the ability to charge for this particular service. A comparison study has been made with 25 different agencies throughout the valley and AJPD is significantly lower in most fee areas. We request authorization to post the anticipated new fees for 60 days as per state statute and a follow-up public hearing for adoption. DRAFT 3-2 -24 ARTICLE 4-3: ANIMAL CONTROL FEE SCHEDULE Section 4-3-1 Animal control fee schedule 4-3-1 ANIMALSCHEDULE. Fee License fees (dogs) $10 per dog ($5 per dog for senior citizens at least 62 years of age or older and physically Sterilized disabled persons with proof of disability, such as, but not limited to, a disabled parking decal or a medical card in the name of the disabled person) Non-sterilized $18 per dog $40 per animal, per event Impound fee for dogs at-large $20 additional per each subsequent impound Microchi Pp� g in fees $25 per at-large dog $12 per adopted cat Board fee (feeding, cleaning and general care) $10 per animal, per day Dog kennel permit fees Commercial dog kennel permit $80 annually (12-month period) Class 1 (4-5 dogs): $40 annually (12- month period, plus individual license Personal dog kennel permits*** fees) Class 2 (6-8 dogs): $60 annually (12- month period, plus individual license fees) Late fee $15 (delinquent 30 calendar days from date of expiration) $40 per animal, per event (plus $10 Quarantine fee (biting dogs) per day per animal board fee, plus applicable license and vaccination fees) Tag replacement $5 per replacement Pick up live dogs or pet-beWed pig-s cats for surrender $4-0-per--even serviG $ 65 dogs l $ 40 cats Euthanasia fee Dogs $ 110 $65-per-aat $45-per-at�i � $55-f�{ � Cats $ 75 ARy4meiq���� st Any4*eig��� $40-p�� Vaccinations (rabies only) Dogs (3 months and older) $15 per animal Puppies (less than 3 months) $15 per animal Cats (any age) $15 per animal Ap4na4r-a����� Surrender Fee Cats $ 40 Dogs $ 65 Adoption fees (includes sterilization) Dogs $90 per animal / Puppy $ 200 Cats (any age) $70 per animal / Kitten $ 150 Dogs $40-per-%q4rwal Gat-s $30-p� -° cqhefs The Director or his or her designee may waive adoption fees during official adoption events in order to encourage adoptions to reduce high inventories of animals. The Director or his or her designee may also request payment for reasonable expenses relating to livestock adoptions. Individuals that hold a class 3 personal dog kennel permit prior to January 5, 2019, may continue owning, maintaining or harboring 9-12 dogs, provided they are up to date on permit fees and dog licensing, and may continue to renew their permit until such time they decide to I surrender such permit or fail to pay the renewal charge of$80. ARTICLE 4-7: PUBLIC SAFETY FEE SCHEDULE Section 4-7-1 Public safety fee schedule § 4-7-1 PUBLIC SAFETY FEE SCHEDULE. (A) Department, accident reports and computer aided dispatch ("CAD") requests: (9) Certified copies of department and accident reports: $10.00 for pages 1 through 20, 500 for each page thereafter. 1) Documents/Reports- Reports (pgs. 1 — 20) $ 5.00 / 250 for each page $ 10.00 Certified copy thereafter Miscellaneous Documents $ 5.00 $ 10.00 Certified copy 2) Victims of crime- no charge. (C) Photos: Photos Associated with Report or CAD Dispatch Event $ 10.00 Miscellaneous Photo 1 $ 10.00 3-by-5-Ge4of 9-by44-GO40feach photo 94424y44-GGIG��� $5-.QQ-eaG-h-&heet 84424y44-G�nraars by a 444W4q-G04Gr-� lw m} (D) Audio. Audio Recording, Dispatch Audio Associated with Event, All each $ 10,00 Miscellaneous Other Audio (E) Crime statistics: $10.00 for pages 1 through 20, 250 for each page thereafter. (F) Letters of clearance: $5-.00-eac-h $ 10.00 each. Media Drive $10.00 eaGh (H) Body Worn Camera ("BWC") Footage. Body Worn Camera —All Submitted BWC Footage Associated with $ 46.00 per hour reviewed. a Report or CAD Dispatch Event Miscellaneous Video 1 $ 46.00 per hour reviewed. (1) Security alarm permit fees. Alarm User Description Fee Residential Initial registration $15.00 Annual renewal $15.0-0- Reinstatement fee $25.00 First and second false alarm No fee Third false alarm $50.00 Each subsequent false alarm $50.00 increments Commercial Initial registration $25.00 Annual renewal $25.00 Reinstatement fee $25.00 First false alarm No fee Second false alarm $50.00 Each subsequent false alarm $50.00 increments First false panic alarm No fee Second false panic alarm $100.00 Each subsequent false panic alarm $100.00 increments Non-registered First false alarm $100.00 Second false alarm $200.00 See Apache Junction City Each subsequent false alarm Code, Vol. 1, Chapter 16, § 16- 1-5(C) (2)(1) (J) Fingerprinting: $10.00 each fingerprint card. (K) Local records check: $5.00 for each name. (L) A $150.00 fee is hereby established for the release of properly immobilized or impounded vehicles and for the administrative costs relating to vehicle removal, immobilization and impoundment by the request of Apache Junction Police Department representatives. (Prior Code, Art. 4-7) (Am. Ord. 1263, passed 4-4-2006; Am. Ord. 1333, passed 1-20-2009; Am. Ord. 1435, passed 1-17-2017) CITY COUNCIL MEETING ROLL CALL Date: o av] Work Study Regular�j�a Special S: E: S`,_ E`' S: E: CITY COUNCIL: Present Abpxcu Present Ab/excu Present Ab/excu MAYOR WILSON VICE MAYOR SCHROEDER COUNCILMEMBER CROSS i/ COUNCILMEMBER HECK 'V COUNCILMEMBER JOHNSON V COUNCILMEMBER NESSER COUNCILMEMBER SOLLER TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney Joel Stern Information Technology Director Doug Wirthgen Public Information Officer Public Safety Director Michael Pooley Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Angelie Hawley HR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid S:\Templates & Forms\Roll Call -City Council -Attendance.docx CfV SS O eo,k City Council VOTE - ROLL CALL ITEM # MEETING OFc -cZ�o� `1 MOTION BY: �°C-�;, SECONDED BY: Y�B,�►/L� NOTES: l zm YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK v COUNCILMEMBER JOHNSON MAYOR WILSON V TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # a?7—/79 MEETING OF ¢-,2-.0Q4 MOTION BY: `��.(l b i( SECONDED BY: cas S' NOTES: ��?� a�O c 'y D 3 i Eoy c2 A144L44� ih& • � �-1rt . (`ilCJ.4.u'� �ynu.A ('.,ems I �e� �) nZ.'� � c�7�1; 77 YES !7 v = CITY COUNCIL: - COUNCILMEMBER NESSER I COUNCILMEMBER JOHNSON lO COUNCILMEMBER CROSS ✓ ` COUNCILMEMBER HECK COUNCILMEMBER SOLLER ✓ / VICE MAYOR SCHROEDER V/ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �,?�� �� �- MEETING OF MOTION BY: C,� SECONDED BY: r � NOTES: 04014J 1 sLIGJ YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER SOLLER �✓ COUNCILMEMBER NESSER COUNCILMEMBER CROSS ✓ COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER ✓ ✓ COUNCILMEMBER HECK f MAYOR WILSON a/ TOTAL ✓ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL f/ Vote sheet 3 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM #_ l MEETING OF 'a"a�a MOTION BY: `Tf'SS SECONDED BY: r�,��w &LO4 K&ka)s moss & NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER HECK v/1" COUNCILMEMBER CROSS VICE MAYOR SCHROEDER V., COUNCILMEMBER NESSER v COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER `f MAYOR WILSON W TOTAL UNANIMOUS ., IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 4 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # e, -M 3 MEETING OF o-4 MOTION BY: ��y� GN� SECONDED BY: NOTES: Mir 0,2 It d &>�A E C s >f rer-lir YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER ✓ COUNCILMEMBER NESSER Y COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL -7 Vote sheet 5 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # ` �—1 1 .3 MEETING OF 10,9 MOTION BY: LIDO"h SECONDED BY: &— NOTES: Py\.,&ACd O-O n � ( �U u c Sal-A, pee,5 YES NO ABSTAINED CITY COUNCIL: / VICE MAYOR SCHROEDER COUNCILMEMBER NESSER ✓� COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓/ MAYOR WILSON ✓ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council Date: !�47/ Z CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: JJ -- would like to speak on a Non-Agenda matter regarding: 0,49� ✓�r C� eO-P-A Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. �od �e,r n e- ��L First Name Last Name (PRINT) 7 Be Address City Zip Code LT Log 8 �l1nv- C o� Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 Date:. ` ;� � ' CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes,\ No Only If Necessary am in favor of the proposed Item. I am opposed to the proposed Item. "�71 mo_ �i _ First Name Last Name (PRINT) �1 Ava � 2C� Address City Zip Code Y-90 76R G9 -1 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and-I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). '0 Signature of Par t/Guardi ate 08/26/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: �� I would like to speak on a Non-Agenda matter regarding: 601_ ( I Do you wish to speak before Council on this item? Yes )41-- No Only If Necessary 1 am in favor of the proposed Item. I am opposed to the proposed Item. LNnC�� VV -C-7� First Name Last Name (PRINT) Address City Zip Code Telephone Email adds ss This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 'LEI City of Apache Junction, Arizona Meeting location: a' City Council Chambers at City Hall . A ends 300 E.Superstition Blvd g. Apache Junction,AZ d20t 85119 City Council Meeting apachejunctionaz.gov - Ph:(480)982-8002 Tuesday,April 2,2024 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. 24-165 Consideration'of acceptance of agenda. 2. 24-166 Consideration of approval of minutes of the regular meeting of. March 19, 2024. 3. 24-125 Consideration of approval of award of contract to Econosmart Property Services LLC, dba Signature Projects for Artificial Turf at the Superstition Shadows Aquatic Center RFB Project No. P&R 2024-002 in an amount not to exceed $93,183.75. . 4. 24-176. : . Consideration of award of contract to.Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contact No.:234128ROQ in the amount of$541,93;1.'20 plus 10% contingency for unforeseen change, orders in"the amount of$54,193:12 for a total project cost not to exceed $596;124.32. 5. 24-181 As required by Apache Junction City Codei Volume I, Chapter 3: Administration, Article 3-3: Department of the Finance, §§ 3-3-1 (C), the city'manager is seeking ratification of the appointment of Angelie Hawley to the position of Finance Director. 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.. City of Apache Junction,Arizona Page 1 Printed on 312712024 City Council Meeting Agenda. April 2,2024 6. 24-123 Proclamation designating the week of April 7 through April 13, 2024, as "National Library Week." 7. 24-153 Proclamation designating the week of April 6 through April 12, 2024, as "Week of the Young Child." 8. 24-174 Proclamation designating April 2024 as"Fair Housing Month." F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 9. 24-167 Brief summary of intergovernmental updates from mayor and councilmembers. 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.. 10. 24-168 City Manager's Report. 11. 24-182 Introduction of new Finance Director, Angelie Hawley. 12. 24-169 Announcement of Current Events.. 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.. 13. 24-178 Presentation,discussion, public hearing, and consideration of Resolution No.24-03, declaring as-a public record that certain document filed with the City Clerk and entitled "2024 Amendments to the Apache Junction City Code,Volume ll, Land Development Code, Chapter 1:Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8: Landscape Regulations" authorized under Ordinance.No. 1545, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. City of Apache Junction;Arizona Page 2' Printed on 312712024 �d City Council Meeting Agenda April 2,2024 14. 24-177 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1545, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume II;Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3;Fences and Walls and Article 1-8: Landscape Regulations,. Section 178-6, Landscape Standards.This request.was previously presented and discussed at the City Council Work Session on March 18, 2024. 15. 24-179 . Presentation, discussion, public hearing,-and consideration of proposed Ordinance No. 1544, an Ordinance of the Mayor and City . Council of the City of Apache Junction, amending the Apache Junction City Code, Volume I, Chapter 9: Health and Sanitation by repealing and replacing portions of Article 9-1: Property Maintenance Standards§ 9-1-2 Definitions, repealing any conflicting provisions and providing for severability. This request was:previously presented and discussed at the City Council Work Session on March 18, 2024. 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. 16. 24-183 Discussion and consideration of approval of the placement on the salary schedule of the newly created classification of Marketing and. Communications Director. Pursuant to the 2023 City of Apache Junction Personnel Rules, Rule 6 Classification, Section 4.- Creation. Abolishment and Reclassification of Positions,.City Council approval is required for the classification of:a position in Grade 42 and higher on the civilian salary schedule. This position will be in Management Services and report to the City Manager. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 17. 24-173 Presentation, discussion and direction to staff regarding proposed fee changes to the Apache Junction Public Safety Animal Control Fee Schedule-Article 4-3 and Public Safety Fee Schedule-Article 4-7. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES , City of Apache Junction,Arizona Page 3 Printed on 3/27/2024 6 City Council Meeting Agenda April 2,2024 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 managers 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 4 Printed on 3/27/2024 CITY C OF APACHE JUNCTION . .: .. . Mayor's Script Tuesday,April 02, 2024 A. CALL TO ORDER I:would like to call this City of Apache Junction.Council Meetirig of April 2,�202 order:and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE r .The invocation will be led by: the pledge by_Councilmember't C.: ROLL CALL ....Roll Call D. CONSENT AGENDA Asa reminder:-:Al1:items under the Consent Agenda will be approved with one; . motion.. If a councilmember wishes to remove an item for:further disc he ussion, t ;request will be made priorto approving the consent agenda and.will be moved to New Business :. : 1. Consideration.of acceptance of agenda. ::'2.. Consideration of approval of minutes of the regular meeting of:March 19142024. 3. Consideration of approval of award of contract to Econosmart Property Services LLC, for artificial turf at Superstition Shadows.Aquatic Center. 4. Co.nsideration of award of contract:to.Cactus Asphalt for slurry seal treatrnent on,.: .. various city streets. 5.: Ratification of appointment of Angelie HawleyW the position of Finance Director. -:.,Do I'have a motion.on�the' consent agenda?, wait for the motion and the 2nd, . R011 tail.l . - -E: ;AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. Proclamation:designating April 7 through April_13,-2024, as."National Library . W ee k 7. Proclamation designating Week&April-6 through April.12, 2024, as ''Weekof the .... .. Young Child.:';. 8. Proclamation designating April 2023,as:"Fair Housing Month. F. REGIONAL INTERGOVERNMENTAL UPDATES 9. ,Regional Intergovernmental,meeting updates:from Council.l . G. CITY MANAGER'S:REPORT �-- - _- - -- B'ryant to report . .. 10. 1 ityManager's Reports 11. Introduction of new Finance Director; Angelie Hawley:. 12. Announcement of Current.Events Eli RIChardson to report H. PUBLIC HEARINGS; w . Items:13f& 14 are related to the same,subject matter. After hearing Staff s .. . .. . .. presentation,a will combine�thp:Public Hearings, but we will have a motion fore c _-g item.. Read both item introductions or 13=and 14, then call on Kelse _Schattnik - --- fvT --- - - - -- y r _ _ . . 13. Presentation, discussion, public hearing.and consideration of Resolution.No 24, 03, declaring as a public record the document filed with the:City Clerk-entitled ''f-2024:Amend mentsao the Apache Junction City Code,Volume II, Lan . Development.Code, Chapter.l:Zoningordinance, Article 1=6 Supplemental;: - ;_. Regulations, §1-6-3-Fences and Walls-and Article 1-8: Landscape Regulations r�- 14. Presentation. discussion, public hearing and.consideration of Ordinance No 1545, . -. approving a text amendment to the Apache Junction.City Code. p A; Any discussion among the council? council can discuss] B. I will now.op�en�the Public Hearing. There'is a 5 minute' :the limit, with a-1 minute warning:that you will hear. :Please state your name and address for the record :C::I will now close-the.public hearing and'ask fora motion on Item #13, . .... .. ;Resolution.No. 24.03. .'wait or the motion & ahe 2nd Roll Cala: Po 1-have a motion for Item # 14 Ordinance No:'.1545 or th-e motion and the-2�,d.. :Rolf I . bo 1 have the second motion: RoII Caali 15. Presentation, discussion, public hearing; and consideration of Ordinance'No. 1544;1, approVinga-text amendment to the"Apache Junction City.:Code., t Callon Kelsey s,chattynik a A! Any discussion among the council?l council can discuss B.�As a Public Hearing, wow-Id anyone like to speak onthis.item?I Pu bl ic cae.s eak _ _ Lp Ci 1 will now close:the public hearing-and ask for a motion on - Ordinance No. 1544: wdit for:the motion&&the 2"d Ro Ca Ir bo I have the second mot n Roll Call : I- OLD BUSINESS: . . J. NEW BUSINESS 1.6. Discussion and consideration of approval- of.creation of the classification of;.. . .. Marketrng_and Communications Directory --- ---_ _ ___ — Y Ca - II on Anna McGra Do I have a mn. . wait for the.motion & the:2n. d� otio 7 Rolf Cafl K.: COUNCIL DIRECTION.TO STAFF:: ._.. 17. Presentation;Aiscussiom and.direction to staff-regarding proposed fee } changes to the Apache Junction Public Safety Animal:.Control Fee' Schedule j Call on.Chief Pooley Do I have a motion?, wait for afie motion the 2nd Roll Call L. SELECTION OF MEETING DATES, TIMES,:LOCATIONS AND PURPOSES M. CALL TO.PUBLIC f would like to'remind everyo ie!that the Callao the Public is a courtesy and not required-by law. '.It:is a time for:the�public to express requests,.communications,:comments andb. ;suggestions. Request to speak forms must,be completed and handed to tliecity clerk before:the endof the city manager's report. .... .. All issues shall be presented in a-professional manner without.personal attacks .Under the open meeting law the COUNCIL CANNOT ENGAGE 1N DISCUSSION on the issues presented,_p but.may respond to.criticism and may direct staff to fo.11.ow pup with_the speaker di this matter-on a.future agenda-for council'i :discussion:here is a three-minute:limit for each speaker; . :Does council have any requests.of staff to followow; N.,-ADJOURNMENT -I adjourn:this meeting. 1 Consent Agenda Items Nos. 1-5 I move the consent agenda be accepted and approved as presented. tv4ef�or Seel + Z.l+e'S e F �eox Item No. 13 - Public Hearing U �, cy.0U_,N UI\K ska Qi\43t poLdea4 woc� I move that Resolution No. 24-03 a resolution of the mayor and city council of the city of Apache Junction, Arizona, declaring as a.public record that certain document-filed with the city clerk and entitled ``2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 12oning Ordinance, Article 1-6 Supplemental.Regulations, §1-6-3 Fences and Walls and Article 1-8: Landscape Regulations" BE: (Approved) or(Denied). c I-hat. szsno�.x_ N or Item No. 14— Public Hearing ` �S n 4 b e. ��5t Wh ttv✓ 3u.i- a cm Lk W4.a--CAA I move that Ordinance No. 1545 be read by title only and the reading of the entire_ 6 ':Ylc� ordinance be waived. e1 ' (Call upon the city clerk to read Ordinance No. 1545 by title only) I move that Ordinance No. 1545, as read by the city clerk, (be approved and adopted) or (be denied). I move that Ordinance No. 1545, as read by the city clerk, be approved and adopted with the following amendments: Item No. 15 - Public Hearing I move that Ordinance No. 1544 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1544 by title only) I move that Ordinance No. 1544, as read by the city clerk, (be approved and adopted) or (be denied). move thatOrdinance No. 1544, as read by the city clerk, be approved and adopted with the following amendments: Item No. 1.6.- New Business I move that creation of the classification of Marketing and Communications Director at Grade 42 BE: (Approved) or(Denied). al. Item No. 17 — Direction to Staff I move that direction be given to staff to begin the process of updating the Animal Control Fee Schedule and bring a proposed Ordinance to a future City Council meeting BE: (Approved) or(Denied). S f 4 , t I r � � Calling all business and government leaders. We invite you to come discuss the current child care crisis and how it affects our businesses and community. Together, we can develop a plan for how we as a community could address it. Pinal County Courthouse - Ironwood Room 31 N. Pinal Street Florence, AZ 85132 For more information or to register,contact Annette Lopez at a Iopez(df i rstth i ngsf i rst.org or 480-433-4514. SUPPORTED BY e ® Childrens FIRST THINGS FIRST ; Action Alliance [oil_ i