Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2024 12.03 City Council Regular Agenda
City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd g Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday, December 3,2024 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. 24-818 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 24-823 Consideration of approval of minutes of the regular meeting of November 19, 2024. Sponsors: Evie McKinney Attachments: CCMIN 2024 11 19 MINUTES DRAFT 3. 24- 49 Consideration of approval of contract with Sunland Asphalt& Construction for the application of fog seal to select city streets. The work would be through the 1 Government Procurement Alliance Cooperative Contract No. 22-15P-04 in the amount of$321,774.89 plus a 10% contingency for unforeseen change orders for total project cost not to exceed $353,922.37. Work is planned within the March-April 2025 time frame. Sponsors: Shane Kiesow Attachments: Cit Council Memo&Ma -SST24-19 Suniand PS I�ec2024. di SST24-19 Agreement Sunland. df City of Apache Junction,Arizona Page 1 Printed on 1112712024 City Council Meeting Agenda December 3.2024 4^ Consideration of approval of Resolution No. 24-3Q Forming Streetlight Improvement District No. 2024'SV-BR'2 Blossom Rock Phase 2. Sponsors: Emile Schmid Attachments: Blossom Rock Phase 2 SLID Petition.pdf 5_ Consideration of approval of Resolution No. 24-40 ordering the installation of streetlights;for Streetlight Improvement District No. 2O24-GV-BR-2 Blossom Rock Phase 2. Sponsors: Emile Schmid Attachments: SLID 2024-SV-BR-2 Council Memo.pd [2] Res 24-40 Ordering Street Lights within SLID 2024-SV-BR-2 6_ Consideration of approval of Resolution No. 24-41 adopting the final budget for Fiscal Year 2O25-2020 for Streetlight Improvement District No. 2O24-GV-BR-2 Blossom Rock Phase 2. Sponsors: Emile Schmid Attachments: 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 a/this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 7~ Brief summary of intergovernmental updates from mayor and oounoi|membero. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 8~ City Manager's Report. Sponsors: Bryant Powell City vr Apache Junction,Arizona Page Printed ow1omz12ouv City Council Meeting Agenda December 3,2024 9. 24-838 Announcement of Current Events. Sponsors: Eli Richardson 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. 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 10. 24- 48 Presentation and discussion of agreement with Gruber Power Services for the removal and replacement of a 1000AMP DB-SES/Distribution Panel Board at the Apache Junction Public Library. This purchase will be made utilizing the State of Arizona Cooperative Contract Number CTR063425 in an amount not to exceed $296,689.30 which includes a 10% contingency. Sponsors: Ted Wolff Attachments: Quote Gruber Power Services Staff Memo Library DB-SES Replacement DB-SES Presentation 11.18.24 AGMT GRUBER LIBRARY SES PW#25027 11. 24-91 Presentation and discussion of Resolution No. 24-37, an extinguishment of a Federally Patented Easement(FPE)located at Chaparral Road from Scenic Street to Virginia Street(alignment)for purpose of future development with the acknowledgement that current setback remain in place until the utility easement is extinguished. Sponsors: Raquel Schatz Attachments: Res 24-37 Council Memo 20241202. df Res 24-37 Resolution. df City of Apache Junction,Arizona Page 3 Printed on 1112712024 City Council Meeting Agenda December 3,2024 12. 24-964 Presentation and discussion of case P-24-64-PZ, a proposed rezoning of the north half of Parcel 101-20-008A, located at the southwest corner of 2nd Avenue and Colt Road, requested by Tim & Kristi Sheahan to rezone the subject site from High Density Multiple-Family Residential (RM-2)to General Rural Low Density Single-Family Detached Residential (RS-GR)to allow for the construction of their personal single-family residential home. Sponsors: Nicholas Leftwich Attachments: P-24-64-PZ Staff Memo. df P-24-64-PZ Planning and Zoninq Commission Staff Report and Nei hborhood Petition of spa ort. df P-24-64-PZ 12-2-24 Presentation. df K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-43 1.03(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 1112712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-818 Sponsor: Evie McKinney Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1112712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-823 Sponsor: Evie McKinney Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 19, 2024. City of Apache Junction,Arizona Page 1 Printed on 1112712024 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 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday, November 19,2024 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Vice Mayor Schroeder led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Evie McKinney, Deputy City Clerk Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Rudy Esquivias, Development Services Director Johnny John, Assistant Police Chief Kelsey Schattnik, Planner Nicholas Leftwich, Planner Erika Hernandez, Associate Planner Theint Ko, Planning Intern D. CONSENT AGENDA Councilmember Johnson moved,seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 19,2024 1. 24®317 Consideration of acceptance of agenda. 2. 24-822 Consideration of approval of minutes of the regular meeting of November 5, 2024. 3. 24-909 Consideration of approval of procurement of a city fleet vehicle and equipment in the current budget year for the Public Works Facilities Maintenance Division for use by newly added Facilities Maintenance Technician. Purchase would be made through San Tan Ford utilizing Arizona State Cooperative contract #CTR059323 in an amount not to exceed $61,867.11. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. 2 -929 Proclamation for"Commitment to Volunteerism in Apache Junction." Mayor Wilson read the Proclamation for"Commitment to Volunteerism in Apache Junction"and presented it to the JustServe Community Outreach Representative, Bob Veistege. F. REGIONAL INTERGOVERNMENTAL UPDATES 5. 24-827 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck participated in the Veteran's Day parade on November 11, 2024, and the tribute following it at the Chamber of Commerce. He shared that Councilmember Johnson was honored with the Quilt of Honor for all her work with the local VFW and around the country. Mayor Wilson attended the ribbon cutting for the Giving Machine in downtown Gilbert. The units are similar to a vending machine and the public can choose a dollar amount and an organization they wish to fund. Some examples of the services are feeding the homeless and providing books to children. Mayor Wilson toured three of the new businesses and manufacturing facilities at the Phoenix Mesa Gateway Airport. He shared photos, how many employees they will be hiring and the type of businesses they are. G. CITY MANAGER'S REPORT 6. 24-332 City Manager's Report. City Manager Bryant Powell shared that Apache Junction was recognized as one of the top 5 cities for continuation of parades by The League of Arizona Cities and Towns. He was very proud of this accomplishment. Mr. Powell reminded the public that Apache Junction is accepting proposals for the downtown redevelopment project. 7. 24-937 Staff Update from Marketing/Communications Director, Kayla Fulmer. Director of Marketing and Communications Kayla Fulmer introduced the new Public Information Officer Gina Scorza. She highlighted her years of experience in this role and how important her contributions will be for the City. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes November 19,2024 8. 24-837 Announcement of Current Events. There was no current event update. H. PUBLIC HEARINGS 9. 24- 13 Presentation, discussion, public hearing and consideration of Ordinance No.1556, of Case P-24-83-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Section 1-6-19: Accessory Dwelling Units to modify the accessory dwelling unit zoning requirements to comply with Arizona House Bill 2720. Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1556 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Deputy City Clerk McKinney read Ordinance No. 1556 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Soller moved,seconded by Councilmember Heck that Ordinance No. 1556,as read by the Deputy City Clerk, be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Nicholas Leftwich presented the background for Ordinance No. 1556. House Bill 2720 requires Arizona municipalities to modify Accessory Dwelling Unit("ADU") regulations to comply with state law by January 1, 2025. The bill sets restrictions on how ADU's can be regulated in Arizona. HB2720 modifies the following: -Municipalities can no longer prohibit the use or advertisement of long-term ADU rentals -Municipalities can no longer require a pre-existing relationship between an owner and occupant -Municipalities can no longer require the design/finish of ADU to match main structure -Prohibits municipalities from implementing regulations for ADU's that are stricter than single family resident zoning -Side and Rear setbacks cannot exceed 5 feet On October 8, 2024, the drafted text was presented to the Planning and Zoning Commission. The Commission voted five (5)to one (1)to recommend approval for the proposed text amendment to the Apache Junction City Council. Staff proposes to amend Article 1-6: Supplemental Regulations, § 1-6-19 Accessory Dwelling Units with the text provided in Exhibit 1 "Amendment to the Apache Junction City Code, Volume City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes November 19,2024 II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: § 1-6-19 Accessory Dwelling Units. The affected portions are identified in the redlined version of this document, provided as Exhibit 2 "Amendment REDLINE to Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: § 1-6-19 Accessory Dwelling Units. Councilmember concerns included renting out ADUs as a sublet, and how the Home Sweet Home program works along side this change. Mr. Leftwich responded to concerns. Mayor Wilson opened the Public Hearing. Andre Meek, 1327 S. Belair Rd, Apache Junction, questioned if prefabricated homes were allowed and how taxes will work for the ADUs. Donna Carr, 2178 W. Virginia St, Apache Junction, asked if the size of the property matters and if mobile homes are allowed. Mayor Wilson closed the Public Hearing. Development Services Director Rudy Esquivias responded to Public Hearing questions. 10. 24-914 Presentation, discussion, public hearing and consideration of Ordinance No.1557, of Case P-24-84-AM, a proposed text amendment of the Apache Junction Zoning Ordinance, Article 1-16: Administration to modify the ordinance to comply with Arizona Senate Bill 1162. Councilmember Cross moved,seconded by Councilmember Johnson that Ordinance No.1557 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Deputy City Clerk McKinney read Ordinance No. 1557 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Cross moved,seconded by Councilmember Nesser that Ordinance No. 1557,as read by the Deputy City Clerk, be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planning Intern Theint Thandar Ko presented a summary of Ordinance No. 1557. On April 23, 2024, Senate Bill 1162 passed, requiring all Arizona municipalities to revise the citizen review process and review timelines for rezonings in their Zoning Ordinance. However, the requirements for rezonings do not apply to planned developments or other zoning entitlements. To comply with the law, all municipalities must adopt these changes by January 1, 2025. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes November 19,2024 The changes to be made are the following: (1)When filing a written protest for zoning map amendments, government-owned properties are excluded from the 20% calculation of property owners within 150 feet. For example, if there were 10 properties in a proposed rezoning area and three of them were owned by government entities, the 20% calculation will be based upon the remaining seven properties owned by private individuals. (2)To add a review timeline for rezoning cases ("Shot Clock" requirement). Therefore, staff has drafted a text amendment to the Apache Junction City Code,Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-16: Administration to satisfy the City's conformance with Senate Bill 1162. On October 8, 2024, a drafted text was presented to the Planning and Zoning Commission. The Commission voted unanimously(6-0)to recommend approval for the proposed text amendment to the Apache Junction City Council. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing and asked for a motion. 11. 24-915 Presentation, discussion, public hearing and consideration of Ordinance No.1559, of Case P-23-112-PZ, a proposed rezoning of 991 E. Old West Highway, parcel 102-03-136A, requested by Greg Loper on behalf of Storbakken &Sons Construction Inc., to rezone the property from General Commercial ("B-1")to Industrial ("B-5")to allow for the continued use of a construction business comprising a contractor's office, shop and indoor/outdoor storage with construction truck parking. Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1559 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Deputy City Clerk McKinney read Ordinance No. 1559 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1559,as read by the Deputy City Clerk, be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Nicholas Leftwich presented a summary of Ordinance No. 1559. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes November 19,2024 Summary P-23-112-PZ is a proposed Rezoning requested by Greg Loper on behalf of Storbakken &Sons Construction Inc. to rezone approximately 1.6 acres located near the southeast corner of Royal Palm Road &Old West Highway(APN 102-03-136A)from General Commercial ("B-1")to Industrial ("B-5")to allow for the continued use of a construction business comprising a contractor's office, service shop for their fleet maintenance and indoor/outdoor storage with construction truck parking. Planning &Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-23-112-PZ on October 22, 2024. During the meeting the Planning and Zoning Commission evaluated the rezoning proposal and subsequently voted 7-0 to recommend approval of P-23-112-PZ, subject to the conditions of approval that were recommended in the Staff Report, dated October 22, 2024. November 4,2024 City Council Work Session Staff presented Case P-23-112-PZ to the city council on November 4, 2024, in which the Council had a question regarding well water contamination concerns with the adjacent Apache Junction Water District property, and a question regarding if there had been any neighborhood complaints with the presence of Storbakken & Sons at 991 E. Old West Highway. With further inquiry Staff have confirmed that there is no history of neighborhood complaint issues with Storbakken &Sons. Regarding the Apache Junction Water District parcel (102-03-137A)and concerns regarding well water contamination, the Apache Junction Water District have informed Staff that the property is an old booster site that has been out of service for decades. The facility formerly served as an interconnect between Arizona Water Company and Consolidated Water Utilities, which that interconnect has been removed. All that remains is an old well on the site that has not been used in years and the concrete slab where the hydropneumatic pressure tank sat. They further noted that they do not foresee any issues with the site next door. Applicant representative Greg Loper presented the improvements being made to the property regarding fencing, landscaping and ground materials. Councilmembers asked if there were any complaints about this business from neighboring properties or the public. Mr. Leftwich stated there were no complaints. Mayor Wilson opened the Public Hearing. Donna Carr, 2178 W. Virginia St, Apache Junction, commented the parking lot should be lined to prevent hazardous material from getting into the ground. Andre Meek, 1327 S. Belair Rd, Apache Junction, shared his concerns about hazardous material spillage and agreed that a solid asphalt surface is needed. Mayor Wilson closed the Public Hearing. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes November 19,2024 Councilmembers had further concerns regarding the ground material for the business. City Attorney Joel Stern advised the Mayor that the Public Hearing would need to be reopened due to additional discussion. Mayor Wilson reopened the Public Hearing. Donna Carr, 2178 W. Virginia St, Apache Junction, cautioned Council about unethical business owners. Mayor Wilson closed the Public Hearing and asked for a motion. 12. 2 -925 Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Rock Shadows RV Resort, located at 600 S. Idaho Rd, Apache Junction, AZ. Councilmember Johnson moved,seconded by Councilmember Soller to recommend approval of the Class A Bingo License for the Rock Shadows Resort, located at 600 S. Idaho Rd,Apache Junction,AZ. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Deputy City Clerk Evie McKinney stated the city received an application for a Class A Bingo License from Rock Shadows RV Resort, located at 600 S. Idaho Road, Apache Junction, AZ. New ownership took over the RV park 2 years ago and during this time, the bingo license was inactive. This application is a renewal for their bingo license under the new management. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department, Building and Safety Division and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Mayor Wilson opened the public hearing, receiving no comments from the public, he closed the public hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Mehmood Mohiuddin, 2304 N Cortez Rd,Apache Junction, commented on the volume of the Councilmembers microphones and how it is difficult to hear them in the back of the Chambers. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes November iS.2V24 Donna Carr, 2178VV. Virginia 5t. Apache Junction, inquired about acode compliance case for her neighbor that she spoke about ato previous Call To The Public. James Boohgter, 1054 E. Roosevelt St, Apache Junction, expressed his frustrations with the Skies restaurant extension nf premises and the increased noise. N. ADJOURNMENT Mayor Wilson adjourned the meeting at8:3Vp.m. ACCEPTED THIS DAY O . 2024. BY THE MAYOR AND CITY COUNCIL DF THE CITY OFAPACHE JUNCTION, AR)ZON/\. SIGNED AND ATTESTED TD THIS DAY OF . 2024. VVALTER''CH|P''VV|LS{}N Mayor ATTEST: EV|EK4CK|NNEY Deputy City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.3. File ID: 24-949 Sponsor: Shane Kiesow Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Consideration of approval of contract with Sunland Asphalt&Construction for the application of fog seal to select city streets. The work would be through the 1 Government Procurement Alliance Cooperative Contract No. 22-15P-04 in the amount of$321,774.89 plus a 10% contingency for unforeseen change orders for total project cost not to exceed $353,922.37. Work is planned within the March-April 2025 time frame. City of Apache Junction,Arizona Page 1 Printed on 1112712024 Public Works Department Home of'the Superstition Mountains .ter. Date: November 18, 2024 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# SST24-19 Award City staff respectfully requests city council consideration of award of contract to Sunland Asphalt & Construction for project SST24-19 for the application of fog seal to select city streets for a not to exceed amount including 10% contingency for unforeseens of$353,922.37. Project is budgeted for this fiscal year through city sales tax monies dedicated for the purpose of street maintenance. This work was discussed with council at the July 16, 2024 City Council regular session under Public Works' "Fiscal Year 2025 CIP & Street Maintenance Plan." The work involves the application of a pavement preservation fog seal to portions of Idaho Rd., Tomahawk Rd. and Lost Dutchman Blvd. (see streets colored maroon in attached map). The work will last for about a week towards the end of March 2025. Work would occur during the daytime hours characterized by single lane closures and intermittent disruptions to residential/business entrances and side streets as maintenance equipment progresses within the respective work zones. This work will not result in any full street closures. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 Project: TY25 Fog Seal" Dated: 8/23/24 MURELUPS ROAD 10 N LOST DUTCHMAN BOULEVARD- K 7 16 15, id- SUPERSTITION BOULEVARD 0 El QP BASE POINT AIIII I 22 23_ 21 BROAD WAY BROAD-AID- g, CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: SST24-19 "Fiscal Year 2025 Arterial Street Fag seal" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION "City"), an Arizona municipal corporation, and SUNLAND ASPHALT & CONSTRUCTION, "a Delaware limited liability company, "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 the 1 Governmental Procurement Alliance ("1GPA'#) contract no. 22- 15P-44, Contractor's Estimate dated (attached hereto as Exhibit ) dated September 13, 2024 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work; C. City has complied with the public bidding requirements under Arizona Revised Statutes (" .R. .") 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 accordance with and as more fully described in the Contract Documents. . PAYMENTS a& COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Three Hundred_Twenty-One Thousand ,even Hundred Seventy-Four Dollars and Eighty-Nine Cents ($321,774=89) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the s i • ! • is R :i • is i...# i. i r � R •. • R ! ! 'R.. is ' # # : .. • i � i '. •.i. # # •. r R. # is i i i. ! #. R # # M • i is #. ! # i ! r •� !. # # •. # is r • # . •.. # . •. # # . i # . i . is # # i. i. i .. • i. � #. • ' #. # s # i # # .. r r • f is� • i • • i # s i i i •. is i i. i t i.. i i. • # •. is # ! • #. e r • i • i. •. ! is' M ! �:.i !.. !. 1. i.. i. • i.i. i. ! # w is k. i !.. i. ! . ! ! ! i i. . a i i. •... • • !.i i ! •.. ! i.. • r r ! • • i .. • • r i ! ' . ! i ♦. •..' is t:. a..!. ! • * i # • i. • • is i '.i: • •: i. i t. i i 3 •. i. i i i i i. • #. #.. •. ! i. .. • • f # #. #: ' # • # 1. # r t. ! •. ! is • • : i. i #. i • i i. : ! •r • is • �. # •. i . is�. #. - # • • i t t f t t " s # i - is .. ! _ t •. i # • t ! i.. !.i.� is t •. t t. i. ' 1. :i ♦ • •. t • • • i f of the indemnity in this paragraph. The rights and obligations under this Section shall survive termination of this Agreement. 13. SU13CONTRACTO S: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 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 ofArizona. 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 lave providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all casts 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++E, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City: All insurance required herein shall be maintained in full farce and effect until all Work required to be pe rform€d under the terms of the ,Agr+eem ent is 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 comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, exceptWorkers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions,Work or service; ' ! i. i i.. i is # i i ♦ . f. ii .. i • • # ! i • ♦ #. • i. i • # - i i � i i i t . • i i� i • a - s ^ i • • • • ! ! • • ! • i •: ' is •.: • .. i.. ' ! • is •. ;. ! .. # ' •.. ! !�. � �. Y i !� i • i • . i i • ! 1 i i � � * i � � � � f � i #.#..�. � • i i. ..i . i #: � ' • f. i. ! is •: • s i i • • i i i i � ♦ � - i i i s + # i i r i i i i i . M i •.. i # ! • i !Q. i:. ...i is i. i ' may arise in the prosecution of Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's awned, hired, and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as broad as coverage code 1, "any auto", {Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof}. Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and Employer's Liability insurance of not less s than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq: which requires every employer to be insured against liability for workers' compensation or:to undertake self-insurance in accordance with the previsions of this chapter, and l 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 i 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 Empwloyer"s friability insurance to at least the same extent as required of Contractor. Certificates of insurance Pricer to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required is f # t #. ! s # • # # + # # • # # r• #'#' # : # # is #. # - #, # # • i agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor, 17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party ;in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegates the duties thereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City, 18. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first--class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising`hereunder. When required, standard band forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21 SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties"and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing: 28: FORCE M JIE URE Neither City nor Contractor, as the case may be, shall be considered not to =have performed its obligations under this 9 ` # # ! #: # # i � #: # ` .i # � # • = i s i ! s ii '" «.1.# i i # # #.^ i •. i #. i • # # i • ! • i i # • � i i ! ! i ` • i. •.. i.. . !.a t i . . # � � # .. # �. .... •. i • # � i i i * # • •. #.. is #. # # � #:. #. a ; �. : ! :ice • •. i.' i #.. i. i # s #. 1.� ♦ � i . ...i i � - � _ • r 1. i • i � .. i � i # i �.#.. •. . #: . i • i.. • - i is� • i a # ' i #. - a. #.: • # i i. # # i. # # i i. # # i • # 4 # • 1 retention period for examination or audit by City personnel during regular business hours. . 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 provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are In compliance with all applicable laws. However, In the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such prevision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same elate) 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 previsions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 8-511. 1 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF I R EL: The Parties acknowledge A.R.S. 35-393 through 5-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 2. CERTIFICATION PURSUANT TOA.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1 the forced labor of ethnic Uyghurs in the People's Republic 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, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. if Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor sloes not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period,this Agreement shall terminate on such contract termination date. 33. COMPLIANCE WITH FEDERAL AND STATE LAWS. Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the ©rug Free Workplace Act of 1989 tothe services performed under this Agreement. As required by A.R.S. § 41-4401, ContractorR hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. It Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $104 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this 12 Agreement if the Contractor and/or subcontractors establish compliance with the employment verification cation provisions of Sections 274Aand 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. -----SIGNATURES TO BE ON FOLLOWING PAGES-_-- 1 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of x 2024. C T T SUNLAND LT&CONSTRUCTION ;LLC, ,a, Dware li ited lia ility co pang ' Immanuel Martinez its: Division Manager,Public Works ITY: CITY OF APACHE JUNCTION, I , n Arizona municipal corporation BY:Walter_"Chip"Wilson I a cr ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Ichard J. Stern City Attorney STATE OF Arizona ss. County of maricopa The foregoing was subscribed andsworn to before me this 3r day of October , 2024, by Immanuel Martine as Division Manager of Sunland Asphalt&Construction PLC, a Delaware limited liability company. N 4or VyP ub lic My Commission Expires: *my GRACE ROBI NNotary pubk- ri 4ropy CountyC mission N 642979 Comm,Expires Feb 16,2G 7 STATE OF ARIZONA ) ss. COUNTY OF PINAI_ The foregoing was subscribed and sworn to before me this day of , 2024, by Walter"Chip" Wilson, as Mayor r of the City of Apache Junction,Arizona, an Arizona municipal corporation. Notary ublic My Commission Expires. Exhibit A TH 3030S. 7 STREET, PHOENIX, AZ 85040 ASPHALT PHONE: 602.323.28 SPHALT.COM u rli<tr22 x�xoct tto To; City of Apache Junction Contact: Shane Kiesow Address: 575 E Baseline Ave Phone: 480 474 8S15 Apache Junction,AZ 85119 US Fax* 4809828005 Project Name: City Of Apache Junction-FY25 Arterial Fog Seal Bid Number* PHO25913 ;Project Location: Lost Dutchman Rd&Idaho St,Apache Junction,AZ Bid Date: 9/13/2024 Bid in Accordance with the 1 GOVERMENTAL PROCUREMENT ALLIANCE{iGPA} Contract#22hiSP-04-Asphalt and Related Surfaces-Awarded 3une 28,2022 UNIT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST-ZONE#1 Item# Item Description Estimated Quantity Unit chit Price Total Price 1 F Seal doliratian I.OD LS $107,778.31 $107,778,33 Power Sweep And Clean Approx. 102261 Square Yards, Apply TRMSS Fog Seal To Approx. 102261 Square Yards At An Approximate Rate Of 0.15 Gallons Per Square Yard While Simultaneously Spreading Sharp Shut Sand At A.3 Pounds Per Square Yard(Adhesion Or Banding Of Fog Seal Materials Is Not Warranted In Areas Exposed To Automotive Fluids And/car Other Spills.) This Proposal Is Based On Performing The Work In 1 Phase/Mobilization. 2 1.00 LS $142,225.08 $142,225.08 Stripe To Existing Pattern: Stripe 106,000 LF Of Lane Striping Using White Latex Traffic Paint. Stripe 46,000 LF Of Lane Striping Using Yellow Latex Traffic Paint. Stripe 5,300 LF Of Transverse Lane Striping Using White Latex Traffic Paint, Stripe 1,900 LF Of Transverse Lane Striping Using Yellow Latex Traffic Paint Stripe 106,000 LF Of Lane Striping Using White Thermoplastic Traffic Paint. Stripe 46,000 LF Of Lane Striping Using Yellow Thermoplastic Traffic Paint, Stripe 5,300 LF Of Transverse Lane Striping Using White Thermoplastic Traffic Paint, Stripe 1,900 LF Of Transverse Lane Striping Using Yellow Thermoplastic Traffic Paint Paint 15 Arrows On Pavement Using White Thermoplastic Traffic Paint. Paint 34 Bike Symbol With Arrow Using White Thermoplastic Traffic Paint This Proposal Is Based On Performing The Work in 4 Mobilization. pup I Of 2 Item# Item Description Estimated Quantity Unit Unit Price Total Price 13f#It Central 1.00 AL $53,801,42 $53,801.42 Provide Traffic Control&Barricades Within Our;cope Of Work Per City Of Apache function's Requirements. TCP's Are To Be Drafted And Submitted To City Of Apache Junction For Approval Prior To Start Of Work, Traffic Control Will Be An Allowance Item In Order To Provide All Of The Requested Labor&Devices (Flaggers,VMB's,Off-Duty Officers;Etc.)At The City's Direction.Casts Shown Are Only An Estimate.Actual Costs For"Traffic Control Items Will Be Bitted At Cost Plus 10%Mark-Up.These Items Will Be Subject To Tax &Bond As Part Of The Overall Contract Value. Bid Prim Subtotal. $303,804.83 Total Arizona State,County,And City Tax 5.920Io: $17,970.0 Total Old Price: $321,774.89 Motu: • Estimated material taxes are included in total price.In order to Bold pricing,this proposal must be signed and returned within 15 days from the bid date specified above.Due to the pricing volatility of our industry at the moment, Suniand reserves the right to update pricing at any time prior to start of work. • Material pricing is good through 03- 1-2025. • Sunland Asphalt routinely uses recycled material in hot mix asphalt products. • Suniand Asphalt will not be held liable for any underground cables,electrical linen water lines or any other underground obstruction not locatable or not buried to a depth less than IW below the existing finished grade. • Sunland is not liable for drainage on projects with less than 19l6 fall.flue to existing conditions and matching elevations of concrete curbs,buildings and/or asphalt,we may not be able to raise or lower elevations to achieve proper slope to prevent standing water,therefore ponding of water may occur. • Pricing excludes night/weekend work,permits,flees,bonds,notifications,QC testing,utility adjustment hardware,gate loops, painting bumper blocks,permanent signage,herbicide,removal and disposal of existing fabric undedayment,water sour ,or survey/staking in price unless noted above.Any pre-existing ADA compliance issues are excluded from contract unless specifically stated in proposal. • Additional(downtime/mobilization)charges may result from delays beyond the control of Sunland Asphalt(or Its subcontractors)ors)which prohibit the above Mentioned work from being completed as scheduled,(i.e.,unmoved vehicles,disregard for Sunland traffic control,sanitation/ deliveryservi©es,sprinkler runoff,etc.) Page 2 of 2 as DATElM AC<>RDF CERTIFICATE OF LIABILITY INSURANCE 101212024 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 INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER;AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the policiyjiesj 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 on this certificate does not confer rights to the certificate holder In lieu of such endorsement{&. PRODUCER CONIAGI eeo Insurance Advisors,LLGHo 7901 N. 16th Street, AArc Ito Ext:602-753-4254 Ai Noy 602-41 -2242 Suite 100 � DRESS. certificates r secoadvi ors.co Phoenix AZ 85020 INSURERS AFFORDING COVERAGE NAIL INSURER A:National union Fire Ins Co of PA 19445 INSURED $34 INSURER a:Endurance American Insurance CO 10641 S d Asphalt COnConstruction, LC dba Stlrlland Asphalt INSURERc:Homesite Insurance Company of Florida 11156 dba 165 E.Northern Avenue -INSURER 0 Travelers Excess and Surplus Lines Co an 2696 Phoenix AZ 85020 INSURER E.Travelers Property Casual Co of Amer 25674 INSURER F f COVERAGES CERTIFICATE NUMBER.,2105133719 REVISION NU ER. 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 BE 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, -(-SR E OF POLICY EFF POLICY EXP LTR POLICY NUMBER Aft!2Q0= IMMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y OL9925617 41112024 411/2025 EACH OCCURRENCE $2,000,000 CLAIMS-MADE 'OCCUR PREMISES Ea aecurtenca 500,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $2,000,000 GENt AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE S4,000,000 POLICY �JECTT L ]HOC PRODUCTS COMPIOPAGG S4,000,000 OTHERS I S A AUTOMOBILE LIABILITY Y Y CA977 927 4/112024 411/2025 COMBINED SIN LE Li IT $2,000,000 X ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED AUTOS ONLY AUTOS "BODILY INJURY dear a er t X HIRED NON-OWNED PROPERTY DAWAGE ^ AUTOS ONLY AUTOS ONLY Per amen[ S X tIMBR£LLALIAR OCCUR Y I Y CXP 016711 01 41112024 4/112025 EACHOCCURRENCE s 15,000,000 EXCESS LIAR EX-2T4 594A-24- F 411/2024 41112025 CLAIMS-MADE AGGREGATE $16 OOO,rY00 DED I X I RETENTION$ $ A WORKERS COMPENSATION Y M11569704 4/1,2024 411,2025 ? STARTUTE E FI- D EMPLOYERS'LIABILITY Y r N At4YPROPPJETOPJPARTNERIEXECUTIVE E:L.EACH ACCIDENT $2,000,000 OFFICERIMEMBEREXCLUDED? NIA (Mandatory In M ) E L:DISEASE-EA EMPLOYE $2 000,100 If yes,describe under ' ---- DESCRIPTI N OF OPERATIONS below E L:DISEASE-POLICY LIMIT $2;,000,000 8 ProitPollLiatailly Y P VIOOI5397700 W16120 4 211 12025 Aggregate#EachClaim $5,900,000 E metallalion Floater Y CST-630-3S841370-TIL-24 #1#2024 #11/2025 Any One Jobsite sZ000,000 Aviation Liability DESCRIPTION OF OPERATIONS#LOCATIONS#VEHICLES to ORO 101,Additional Remarks Schsdula�may be aftchad it morn apace is ragolred) Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile L iabili and Employers Liability/Workers Workers Compensation If required by written contract subject to all provisions and limitations of the policies. The above referenced XcesslUmbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. The$100,000 is the limit for hired auto physical damage,Deductibles are$2501$500. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS, 575 E Baseline Ave AUTN FUZEDREPRESENTATIVE Apache Junction 85119 (D19 15 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name,and logo are registered marks of ACORD AGENCY CUSTOMER ID 6934 LOCA400RV ADDITIONAL REMARKS SCHEDULE t Rage- 1 of 1 AGENCY NAMED INSURED Reseco Insurance Advisors,LLC Sunland Asphalt&Construction,LLC dba Sunland Asphalt POLICYNUMSER 1625 E.Northern Avenue Phoenix AZ 85020 CARRIER NArc coDE EFFECTIVE DATE.. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Leased/Rented Equipment Limit Per Item/Deductible:$1,500,0001$5,000 CarderlNAIC# Travelers Properly Casualty Co of America 131194 Policy Number: T-630-3S841370-TIL-24 Policy Term::81112024—$1112025 Cyber Liability Aggregate Limit$5,000.000 CardedNAIC# Palomar Excess and Surplus Insurance Company 116754 Policy Number:PL - B-SSKOFRQY -003 Policy Term:2124/2024-212412025 Cyber Liability includes Privacy,Security and Data Breach. Crime/Employee Dishonesty-Umit/Deductible;$1,000,0001$10,000 CarderlNAIC#.,Hudson Insurance Company 125054 Policy Number;SXS31210420 Policy Te€m 111312021—111312027 Aviation Liability—Limit:$1,000,000 CarderlNAIC*American Alternative Ins Corp 119720 Policy Number:9044202 Policy Term:2/0512024-2/06/2026 Technology Errors&Omissions:Limit$5,000,000 CarderlNAIC#.Endurance American Insurance Co 110641 Policy Number;.PNb 10015397700 Polly Terns.2116/2024-2116/2025 RE.Project No,:SST24-19 City of Apache Junction,Fiscal Year 2025 Arterial Street Fag Seat;Additional Insured:City of Apache.function ACORD 101(2008101) 02008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-961 Sponsor: Emile Schmid Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 24-39 Forming Streetlight Improvement District No. 2024-SV-BR-2 Blossom Rock Phase 2. City of Apache Junction,Arizona Page 1 Printed on 1112712024 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: November 19, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2024-SV-BR-2, Blossom Rock Phase 2 Resolution 24-39 Intent to Form Streetlight Improvement District Resolution 24-40 Ordering the Installation of Streetlights within the SLID Resolution 24-41 Adopting the SLID Budget for Fiscal Year 2025-2026 REQUEST Consideration and approval of SLID No. 2024-SV-BR-2 Blossom Rock Phase 2. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The 691 residential parcels of Blossom Rock Phase 2 have been approved. All 691 lots within Phase 2 are currently owned by Brookfield Properties Development who submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above three described resolutions will be on the consent agenda at the December 3, 2024 city council regular meeting for final approval. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 24-39, Resolution 24-40, and Resolution 24-41 on consent agenda at the December 3, 2024 council meeting. ACTION REQUIRED This item will be for consideration and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 Public Works Department 575 E. Baseline Ave., Apache Junction, AZ 85119 (480) 982-1055 44 PETITION FOR STREET LIGHTING IMPROVEMENT DISTRICT TO THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION: We, the undersigned, being all or a majority of the real property owners within the limits of the area and district hereinafter described, do hereby petition the council of the City of Apache Junction,Pinal and Maricopa Counties, State of Arizona,to establish a street lighting improvement district pursuant to the provisions of Arizona Revised Statutes ("A.R.S.") §§ 48-615, 48-616, 48- 617 and 48-572, for the purpose of purchasing electricity for the lighting of public streets or parks within the described and depicted district or area set forth in Exhibits A and B respectively,which includes a charge for energy and maintenance. It is hereby requested that upon the filing of this petition,if signed by all of the real property owners within the described district or area, exclusive of mortgages and other lienholders, that the council of the City of Apache Junction, after verifying such ownership and making a finding of such fact, adopt a resolution of intention to order creation of the district and order the proposed improvements pursuant to the provisions of A.R.S. §§ 48-576 and 48-581 without the necessity of publication and posting of the resolution of intention provided for in A.R.S. § 48-578, and that unless any protests are received sufficient to bar further proceedings under A.R.S. § 48-579, that the council proceed with the improvement petition. Expenses of the district (CHECK ONE): ❑ Shall be paid by the levy and collection of ad valorem taxes upon assessed value of all property in the district. ® Shall be paid by the levy and collection of equal apportionment of taxes based on the number and classification of properties within the district. The name of the proposed street lighting improvement district shall be STREET LIGHTING IMPROVMENT DISTRICT ("SLID") # located in the city as follows: Blossom Rock Phase 2 (Lots 1-691) 164.99 acres Name of Subdivisions and Lots (area of limits) OWNERS OF RECORD NAME (printed) SIGN URE ADDRESS DATE Eric J. Tune, Sr. Vice President 14648 N. Scottsdale Rd,Suite 290, 10/16/2024 Scottsdale,AZ 85254 V Home of the Superstition Mountains www.ajcity.net Exhibit B Vicinity Map IN l . :�P��$;s'x Ss�u�'sa*.'s r 4' �xr;� 1�`t "&ry � �;rik � y`� %a�' te�iY�f'�✓���^ �..s fu '�"�' �..{ u #S fi s ��t sr ✓ � 4 i� �� `. e� '''x �'�"m, �?�rr` �,, w �r t��� ��i t��t �y+� �✓ f J r ro � t � 'f�} t; t rr r�r�x �� i'�y �� re t <� r � t� � � t a `7s a`§c ��% ? ✓� ;�t�r ON,T a�>•*r"�`�, S ra t ,��, � �e t f r�' ati�a �:` } ',�'� r r t �,�..� �,��;#t �` r 5- r�i�>t a '� ��r c',� t `•.rl x xshv � � r" a}'' r ��x*`� �vf?€ ;�q s� t v rt a § at IT # (C�2023-Sv-BR p °�► * ddi tfr a r t �, �sb aartga ss fir"*ee e r Rri E sd x r a t r `t .�w ` # 3 *� fl .� ¢r y'st a� x`. rr �t`�'"' t �;''. t ' f '•<• � ,, r� �� a rtt�'��hx��r" RESOLUTION NO. 24-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT, AND THE INTENTION TO FORM A MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT IN THE CITY OF APACHE JUNCTION TO BE DESIGNATED AS "CITY OF APACHE JUNCTION STREET LIGHTING IMPROVEMENT DISTRICT NO. 2024- SV-BR-2"; DECLARING FUNDING TO CONTRACT FOR THE PURCHASE OF ENERGY FOR THE STREET LIGHTS BE BY ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE PROPERTY OWNERS OF THE DISTRICT; AND PROVIDING THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO STREETS IN THE PROPOSED DISTRICT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Acceptance and Findings . A petition (the "Petition") for the formation of the City of Apache Junction Street Lighting Improvement District ("SLID") No. 2024-SV-BR-2 (the "District") (see Map of District Boundaries, respectively Exhibit A) to purchase, and not generate, energy for street or public park lighting within the District and adjacent streets, has been filed with the city clerk and presented to the mayor and city council at the meeting at which this resolution was adopted. The Petition purports to be signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . After verification of such ownership, the mayor and city council find pursuant to Arizona Revised Statutes ("A.R. S . ") § 48-615 (A) that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . 2 . Declaration of Intention to Order Formation of the District . The public interest and convenience require and it is the intention of the mayor and city council to order the work through formation of the District pursuant to A.R. S . Title 48, Chapter 4, Article 2 . The District' s sole purpose shall be the purchase, not generation, of energy to operate the street lighting system as it now exists or is hereafter enlarged. The phrase "street lighting system" shall mean all publicly owned street and traffic lights and all wire, apparatus and other facilities now in place or hereafter constructed or acquired for the lighting of public streets and parks within the District and on adjacent streets . For purposes of this resolution and of all resolutions, RESOLUTION NO. 24-39 Page 1 OF 3 ordinances and notices pertaining hereto, the SLID shall be known as and is hereby designated "City of Apache Junction Street Lighting Improvement District No. 2024-SV-BR-2" . 3 . Statutory Authority; Payment of Incidental Expenses . All proceedings pertaining to the District is authorized by A.R. S . Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, §§ 48-616 and 48-617 . All incidental expenses shall become the obligation of the District, unless paid for by the signers of the Petition. The phrase "incidental expenses" shall mean the costs of posting, publication, recording and legal fees associated with the formation of the District and the annual levy of taxes . 4 . Protests, Objections, Waiver. In the Petition, the signers have made written consents and waivers pertaining to the ordering of the work and to the formation of the District and have specifically waived all protests and objections against formation of the District . City staff has verified such ownership and the mayor and city council find as a fact that all property owners within the District signed such Petition. Therefore, pursuant to A.R. S . § 48-617 (A) , no publication or posting of any notice pertaining to formation of the District will be made which is normally required under A.R. S . §§ 48-575 (C) and 48-578 . 5 . Engineer' s Estimate . As financing for the acquisition and construction of the initial street lighting system has been provided, the District' s sole purpose will be to purchase, and not generate, energy to operate the street lighting system. All owners of land within the District who signed the Petition waived the filing of an engineer' s estimate and no engineer' s estimate has been filed with the city clerk. 6 . Determination of Type of Lighting and Consideration of the Rate to be Paid. The type of lighting shall be the type now in place within the District which now comprises the street lighting system or such lighting facilities as may be required in the future by city engineering staff or some other entity for use within the District . The mayor and city council agree that the current rate to be paid for purchasing energy for the proposed district per street light per month and per kilowatt hour is set by the public service entity which provides the energy to light the streets (currently Salt River Project) and may be increased as they or their successors so determine in the future . The estimate of the District' s costs and expenses of purchasing energy for the operation of the street lighting system is subject to change or RESOLUTION NO. 24-39 Page 2 OF 3 correction when the actual costs of operation are known and is subject to change due to inflation, new construction or acquisition of additional portions of the street lighting system. 7 . Compliance with City Outdoor Lighting Code . The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONAI THIS DAY OF , 20-. SIGNED AND ATTESTED TO THIS DAY OF f 20 WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY Deputy City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 24-39 Page 3 OF 3 EXHIBIT A NORTHWEST CORNER EXHIBIT "A�� — NORTH 1/4 CORNER SECTION 20, T1 S, R8E SECTION 20, T1 S, R8E NORTHEAST CORNER N SECTION 20, T1 S, R8E 0 350 700 APPROVAL: Horz. 1 i�n. -= 7700ft. 11/20/2024 EAST 1/4 CORNER I ' SECTION 20, T1 S, R8E APACHE JUNCTION DEVELOPMENT DATE SERVICES PRINCIPAL ENGINEER I I WEST 1/4 CORNER i SECTION 20, T1 S, R8E N Za G U �c9gi I ELLIOTAVENUE � _029,09 c�ctiF SHEET 3 SH ET 2 WARNERAVENUE R.8E.SECTION 20 ¢ II O ' � SITE ��� ... .._... ..,........... �....._ _. ,�� RAY AVENUE Ov ' VICINITY MAP N.T.S. LEGEND o SHEET 5 LED STREETLIGHT* q, SHE ET_4 = *4,000 LUMEN LED 11 STREETLIGHT TO BE I INSTALLED ON LOCAL RESIDENTIAL STREETS SOUTHWEST CORNER RAY AVENUE SOUTH 1/4 CORNER SOUTHEAST CORNER SECTION 20, T1S, R8E SECTION 20, T1 S, R8E SECTION 20, T1 S, R8E BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" = 700' SHEET 1 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM 11 DRAWN MR ZABlossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg N 0 125 250 Horz. 1 in. = 250 ft. �O C� � � W T W ti T MATCHLINE, SEE SHEET S °Ck WINDLASS w BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" =250' SHEET 2 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM DRAWN MR Z.\Blossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg N I 0 125 250 RIDGE ROAD Horz. 1 in. = 250 ft. � � , wl Imo . TR O w EASURE TRAIL N EAST 1/4 CORNER dil L4 GALENA PASS - - - SECTION 20, T1 S, R8E =W d - -- - - - BONANZA TRAIL, a w I MINER'S RUN TRAIL I � I � IQ 1 I _ �wINDI Ass WAY il �- MATCHLINE, SEE SHEET 4 lBLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" = 250' SHEET 3 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM DRAWN MR Z:\Blossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg MATCHLINE, SEE SHEET 3 - - IT - - a .SS WAY WINDLASS WAY x z I o I I ROCK NEEDLE TRAIL o I- _j - - H Q C!1 o Q � Q o _n FLATIRON TRAIL BESSEMER WAY PRIVATE STREET) (PRIVATE STREET) LLRUNI I _, j R=__ UN - - - ( Q a zI � _FI E- .I W Q z I —H FREMONT PASS" — — — ( 0 125 250 Horz. 1 in. = 250 ft. RAY AVENUE SOUTHEAST CORNER SECTION 20, T1 S, R8E BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" =250' SHEET 4 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM DRAWN MR ZABlossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg MATCHLINE, SEE SHEET 2 °C N WINDLASS WA k� Y 0 125 250 L Horz. 1 in. = 250 ft. 0IV , n BESSEIVIER WAY ]IB (PRIVATE STREET) wj MILL RUN V \ (PRIVATE S'I... ... � ti � W I < I W HI I < I p d E Z U>-I p W d a I Wz BONITA SPRINGS WAY x >a H FREMONT PASS - - - - - - - - - - - - - J -1 I I Fl- I- 17TIT I I RAY AVENUE SOUTH 1/4 CORNER SECTION 20, T1 S, R8E BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" =250' SHEET 5 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM III DRAWN MR ZABlossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.5. File ID: 24-962 Sponsor: Emile Schmid Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 24-40 ordering the installation of streetlights for Streetlight Improvement District No. 2024-SV-BR-2 Blossom Rock Phase 2. City of Apache Junction,Arizona Page 1 Printed on 1112712024 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: November 19, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2024-SV-BR-2, Blossom Rock Phase 2 Resolution 24-39 Intent to Form Streetlight Improvement District Resolution 24-40 Ordering the Installation of Streetlights within the SLID Resolution 24-41 Adopting the SLID Budget for Fiscal Year 2025-2026 REQUEST Consideration and approval of SLID No. 2024-SV-BR-2 Blossom Rock Phase 2. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The 691 residential parcels of Blossom Rock Phase 2 have been approved. All 691 lots within Phase 2 are currently owned by Brookfield Properties Development who submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above three described resolutions will be on the consent agenda at the December 3, 2024 city council regular meeting for final approval. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 24-39, Resolution 24-40, and Resolution 24-41 on consent agenda at the December 3, 2024 council meeting. ACTION REQUIRED This item will be for consideration and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 RESOLUTION NO. 24-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ORDERING THE INSTALLATION OF STREET LIGHTS WITHIN STREET LIGHTING IMPROVEMENT DISTRICT NO. 2024-SV-BR-2 . WHEREAS, on December 3, 2024 the mayor and city council of the City of Apache Junction, Arizona, passed and adopted Resolution No. 24-39 (the "Resolution of Intention") , which declared the councill' s intention to form the City of Apache Junction Street Lighting Improvement District (the "SLID") No. 2024-SV-BR-2 (the "District") , solely for the purpose of purchasing energy for lighting of the public streets within the District; and WHEREAS, no protests against the proposed work, or objections to the extent of the District have been received, as such option was waived by the owners who signed the formation petition; and WHEREAS, pursuant to Arizona Revised Statutes ("A.R. S . ") §§ 48-616 and 617, the mayor and city council hereby finds and determines that it has jurisdiction to order the work for lighting of public streets and parks within the District and order the formation of the District described in the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1 . Ordering the work and District formation. That as there were no protests against the work or the formation of the District or objections to the extent of the District, the work, as described in the resolution, is hereby ordered and the formation of the City of Apache Junction SLID No. 2024-SV-BR-2 is also ordered. The Map of the District Boundaries is set forth in Exhibit A attached hereto and incorporated by reference herein. The city clerk is ordered and directed to cause a certified copy of this resolution to be delivered to the Department of Revenue of the State of Arizona (the "Department") and to the Assessor and Recorder of Pinal County, Arizona, as is required by A.R. S . § 42-17257, together with all other information relating to the boundaries of newly created taxing jurisdictions . 2 . Compliance with City Code. The District shall comply with the provision of the Apache Junction City Code, Vol . II, Land RESOLUTION NO. 24-40 PAGE 1 OF 3 Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. 3 . Annual Tax. The city shall annually, commencing in tax year 2025 and for the city' s 2026 fiscal year, make annual statements and estimates of the expenses of the District and shall submit the same to the Board of Supervisors of Pinal County for the levy and collection of ad valorem taxes upon the assessed value of all taxable property, real and personal, in the District or by equal apportionment of taxes based on the number and classification of properties within the District, and shall publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner provided for incorporated cities and towns' statements and estimates by applicable portions of A.R. S . Title 42, Chapter 17, Article 3, and shall annually set, fix and cause to be levied and assessed the amount to be raised by ad valorem taxes upon all of the taxable property of the District and shall cause to be collected, as county taxes are collected, the amounts shown by the statements and estimates so adopted by the mayor and city council . As provided in A.R. S . § 48-616, all statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the District taxes as provided to be levied by the section. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONAI THIS DAY OF , 20—. SIGNED AND ATTESTED TO THIS DAY OF f 20 WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY Deputy City Clerk RESOLUTION NO. 24-40 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 24-40 PAGE 3 OF 3 EXHIBIT A NORTHWEST CORNER EXHIBIT "A�� — NORTH 1/4 CORNER SECTION 20, T1 S, R8E SECTION 20, T1 S, R8E NORTHEAST CORNER N SECTION 20, T1 S, R8E 0 350 700 APPROVAL: Horz. 1 i�n. -= 7700ft. 11/20/2024 EAST 1/4 CORNER I ' SECTION 20, T1 S, R8E APACHE JUNCTION DEVELOPMENT DATE SERVICES PRINCIPAL ENGINEER I I WEST 1/4 CORNER i SECTION 20, T1 S, R8E N Za G U �c9gi I ELLIOTAVENUE � _029,09 c�ctiF SHEET 3 SH ET 2 WARNERAVENUE R.8E.SECTION 20 ¢ II O ' � SITE ��� ... .._... ..,........... �....._ _. ,�� RAY AVENUE Ov ' VICINITY MAP N.T.S. LEGEND o SHEET 5 LED STREETLIGHT* q, SHE ET_4 = *4,000 LUMEN LED 11 STREETLIGHT TO BE I INSTALLED ON LOCAL RESIDENTIAL STREETS SOUTHWEST CORNER RAY AVENUE SOUTH 1/4 CORNER SOUTHEAST CORNER SECTION 20, T1S, R8E SECTION 20, T1 S, R8E SECTION 20, T1 S, R8E BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" = 700' SHEET 1 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM 11 DRAWN MR ZABlossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg N 0 125 250 Horz. 1 in. = 250 ft. �O C� � � W T W ti T MATCHLINE, SEE SHEET S °Ck WINDLASS w BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" =250' SHEET 2 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM DRAWN MR Z.\Blossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg N I 0 125 250 RIDGE ROAD Horz. 1 in. = 250 ft. � � , wl Imo . TR O w EASURE TRAIL N EAST 1/4 CORNER dil L4 GALENA PASS - - - SECTION 20, T1 S, R8E =W d - -- - - - BONANZA TRAIL, a w I MINER'S RUN TRAIL I � I � IQ 1 I _ �wINDI Ass WAY il �- MATCHLINE, SEE SHEET 4 lBLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" = 250' SHEET 3 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM DRAWN MR Z:\Blossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg MATCHLINE, SEE SHEET 3 - - IT - - a .SS WAY WINDLASS WAY x z I o I I ROCK NEEDLE TRAIL o I- _j - - H Q C!1 o Q � Q o _n FLATIRON TRAIL BESSEMER WAY PRIVATE STREET) (PRIVATE STREET) LLRUNI I _, j R=__ UN - - - ( Q a zI � _FI E- .I W Q z I —H FREMONT PASS" — — — ( 0 125 250 Horz. 1 in. = 250 ft. RAY AVENUE SOUTHEAST CORNER SECTION 20, T1 S, R8E BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" =250' SHEET 4 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM DRAWN MR ZABlossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg MATCHLINE, SEE SHEET 2 °C N WINDLASS WA k� Y 0 125 250 L Horz. 1 in. = 250 ft. 0IV , n BESSEIVIER WAY ]IB (PRIVATE STREET) wj MILL RUN V \ (PRIVATE S'I... ... � ti � W I < I W HI I < I p d E Z U>-I p W d a I Wz BONITA SPRINGS WAY x >a H FREMONT PASS - - - - - - - - - - - - - J -1 I I Fl- I- 17TIT I I RAY AVENUE SOUTH 1/4 CORNER SECTION 20, T1 S, R8E BLOSSOM ROCK - PHASE 2 STREET LIGHT IMPROVEMENT DISTRICT DATE 10/21/2024 SCALE 1" =250' SHEET 5 OF 5 JOB NO 215255.03 DESIGN BW CHECK DM III DRAWN MR ZABlossom Rock\2021\215255.03\Dwg\Exhibits\SLID\5255.03-SLID.dwg City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-963 Sponsor: Emile Schmid Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 24-41 adopting the final budget for Fiscal Year 2025-2026 for Streetlight Improvement District No. 2024-SV-BR-2 Blossom Rock Phase 2. City of Apache Junction,Arizona Page 1 Printed on 1112712024 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: November 19, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2024-SV-BR-2, Blossom Rock Phase 2 Resolution 24-39 Intent to Form Streetlight Improvement District Resolution 24-40 Ordering the Installation of Streetlights within the SLID Resolution 24-41 Adopting the SLID Budget for Fiscal Year 2025-2026 REQUEST Consideration and approval of SLID No. 2024-SV-BR-2 Blossom Rock Phase 2. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The 691 residential parcels of Blossom Rock Phase 2 have been approved. All 691 lots within Phase 2 are currently owned by Brookfield Properties Development who submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above three described resolutions will be on the consent agenda at the December 3, 2024 city council regular meeting for final approval. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 24-39, Resolution 24-40, and Resolution 24-41 on consent agenda at the December 3, 2024 council meeting. ACTION REQUIRED This item will be for consideration and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 RESOLUTION NO. 24-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINAL BUDGET FOR THE STREET LIGHTING IMPROVEMENTS DISTRICT 2024-SV- BR-2, FOR FISCAL YEAR 2025 - 2026 BEGINNING JULY 1, 2025 AND ENDING JUNE 30, 2026 AND LEVYING UPON THE PROPERTY IN THE DISTRICT OR BY AN EQUAL APPORTIONMENT OF THE TAXES NEEDED TO PAY THE EXPENSES SET FORTH IN THE BUDGET. WHEREAS, in accordance with the provisions of Arizona Revised Statutes ("A.R. S . ") § 48-616, the Street Lighting Improvement District 2024-SV-BR-2 (the "District") , the mayor and city council received the proposed District budget prior to December 3, 2024; and WHEREAS, notice of the hearing on the statements and estimates of expenses of the District (the "Budget") was duly published and the hearing conducted, all as required by law; and WHEREAS, the mayor and city council intend to adopt the fiscal year 2025 - 2026 final budget for the District; and WHEREAS, upon fixing, levying and assessing the amount to be raised by ad valorem taxes on all the real and personal property in the District or apportioned equally upon the number and classification of properties within the District, the city clerk is hereby directed to transmit a certified copy of this resolution to the assessor, recorder and board of supervisors of Pinal County, Arizona, with a request to collect such taxes in the same manner as general city taxes . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Budget Adopted. The District budget attached hereto in Exhibit A in the amount of $7, 083 . 84 is hereby adopted as the budget of the District for fiscal year 2025 - 2026 . 2 . Amount to be Raised by Taxes . The amount of the District budget set forth in Section 1 of this resolution is hereby fixed, levied and assessed as the amount to be raised by the levy of ad valorem taxes on all the real and personal property in the District or through an equal apportionment of taxes based on the number and classification of properties within the District . There is hereby levied on each one hundred dollars ($100) of assessed value on all property, both real and personal within the District not exempt RESOLUTION NO. 24-41 PAGE 1 OF 3 from taxation, a tax rate sufficient (not greater than one dollar and twenty cents ($1 .20) ) to provide a fund for the annual expenses of the SLID, said amount to be collected in the same manner as the collection of general city taxes . 3 . No Invalidation of Proceedings . No irregularity in the fixing, levying or assessing the amount to be raised by ad valorem taxes or omission in the same, or irregularity of any kind in any proceedings shall invalidate such proceeding or invalidate any action to collect such taxes, including the conveyance of title by any tax deed, nor shall any failure or neglect of any officer or officers to perform any of the duties assigned to him or to them on the day within time specified will be an invalidation of any proceedings or of any action to collect such taxes or affect the validity of the assessment of the budget amount and levy of taxes or of the judgment or sale by which the collection of the same may be enforced, or in any manner affect the lien upon such property for the delinquent annual taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of the taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officer de jure. 4 . Notice of Levy. The city clerk and city finance director are each authorized and directed to provide the certified duplicate copies of this resolution and such other documents as may be necessary to cause Pinal County to levy, assess and collect the amounts described herein from ad valorem property taxes, including the budget, to the Pinal County Board of Supervisors, County Assessor and County Treasurer. 5 . Conflicting Resolutions Repealed. All resolutions and parts of resolutions in conflict are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONAI THIS DAY OF , 20—. SIGNED AND ATTESTED TO THIS DAY OF 20—. WALTER "CHIP" WILSON Mayor RESOLUTION NO. 24-41 PAGE 2 OF 3 ATTEST: EVIE MCKINNEY Deputy City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 24-41 PAGE 3 OF 3 EXHIBIT A City of Apache Junction Street Light Improvement District 2024-SV-BR-2 Budget FY 2025 - 2026 Streetlight Improvement District ("SLID") 2024-SV-BR-2 Number of streetlights 94 Energy cost per month per streetlight $6 . 28 Monthly energy cost for the SLID $590 . 32 Annual energy cost for the SLID $7, 083 . 84 Number of residences in the SLID 691 Annual energy levy per residence in the SLID $10 . 25 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-828 Sponsor: Chip Wilson Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1112712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 24-833 Sponsor: Bryant Powell Agenda Date: 12/3/2024 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1112712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 24-838 Sponsor: Eli Richardson Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 1112712024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-948 Sponsor:Ted Wolff Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Presentation and discussion of agreement with Gruber Power Services for the removal and replacement of a 1000AMP DB-SES/Distribution Panel Board at the Apache Junction Public Library. This purchase will be made utilizing the State of Arizona Cooperative Contract Number CTR063425 in an amount not to exceed $296,689.30 which includes a 10% contingency. City of Apache Junction,Arizona Page 1 Printed on 1112712024 MENNEN Brief Description of the Materials/Services demolitionThis scope of work will include the vexisting DB- SES/Distributioni s ' ® : 120/24OVolt, 1000AMP,Exterior NEMA12 Enclosure.Electrical engineering,permit, and weekend overtime labor is included. Title:Contracting Agency: State of Arizona Contract Number: CTRO63425 Contract Uninterruptible Power Supplies,New Equipment,Maintenance and Support Services ® Gruber Power Services ,2024 Possible:Renewals s other0 Compared two co-ops ............................................................... contract Attached Attached copy of ........_......................................................... Attached Contract has language that allows cooperative Contractor has a positiveis Icontracting agency Z Received a quote for the City baseds of the cooperative contract Attached Insurance v ce cat s required..................................................Ej Attached Licensesrequired........................................................................... Attached required.................................. .... Received Amount:Not to Exceed $296,689.30 [:]Annually Z One-Time Does Contractor accept payment of invoices using a credit Funding Source: General Funds El Grant Funded El Federal Z Other Contact person r questions: Trion HarrisonDeWitt ExpeditedEl s a1 processing time receipt r request to a purchase order is S weeks. If expedited processing is requested,please explain. 10/16/2024 MEMiSIMEM e i a 2) _.-Ia ad I OL30-(zt7* Dep . Head Date Purchasing Administrator or Designed Date 10/16/2024 Gruber Power s Services Critical Power Specialists August 29,2024 Subject:City Of Apache Junction—Public Library Presented To:Larry Dewitt,Facilities Maintenance Supervisor—City of Apache Junction e are pleased to submit our proposal to replace Main Service Switchboard 1000A for Apache Junction Library. Scope Of Work • Demo/Remove Existing 100A -SES istriution Panel Board. • Replace DB-SES/Distribution Panel Board. • 3-Phase,4-Wire,120/24OVolt,1000AMP,Exterior NENLU2 Enclosure. • Crane/Rigging . • Permit/General Conditions. • Provide Engineering or Stamped Plans. • Plan-check,Permits and Inspections. • Provide CAD Drawings, • Weekend Overtime Labor Included. Exclusions: • Existing Concrete Pad Replacement. • Pre-existing code violations. • Bonds of any type. • Items not included our Scope of Work. Total..........................................................................................................................................................................$269,717.55 (pricing is v li for 6 i s) 1� c?rr art x_leat crirl,. eta s._T 7 a.�t xci! sf 0aa,Q rtifirral ions. Currmt Tix exe•rnphon om hh('ealmns are=ac*gwred at Hic hn'i>of order iAnt ckx ent.(tf not alre adv on file with Gruber Power 1)er,ice,,)as crudIL, for tax cannot be apphe:ecl after?nt'oidng, aa�grae azt _aszrazta With creed.card: tl 2,5""parocvssaarg,fee er all be illpheci kc5 ail g:avc,a(es pmd bt'L n dAi oard Quote Provided By: JustinBrownlowl Gruber Power Services I ccot er Phone:+800-65 -5 3x41 I Cell:+4 0-4 6-9166 1 Fax:+6 3-879-7341 I ail:hKgggrubercom Website: wwy.gnLberpower.ccm IAddress:2139 .2nd Ave,Phoenix,AZ 85027 Business Hours I Monday-Friday 7 a -4 pm I r,._u.M ,. .._ , �.—�w� �— � GruberPower Services 21439 North 2nd Avenue Phoenix,Arizona 85027 U Main 2.863.2655x414 Faxw 623.879.7341e n�.. bro.�e gruber cornv���. City of Apache Junction Home of the Superstition Mountains DATE: NOVEMBER 18, 2024 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: TED WOLFF, PUBLIC WORKS DIRECTOR SUBJECT: AGREEMENT FOR GRUBER POWER SERVICES Staff respectfully requests the mayor and city council consider a proposal to enter into an agreement with Gruber Power Services for the purpose of replacing the 1,000 AMP Main Service Switchboard located at the Library. This scope of work will include the demolition and removal of the existing 1 OOOAMP DB- SES/Distribution Panel Board and replacing with a new 3-Phase, 4-Wire, 120/240Volt, 1000AMP, Exterior NEMA12 Enclosure. Electrical engineering, permit, and weekend overtime labor is included. Staff recommends entering into a contract with Gruber Power Services available through the State of Arizona Cooperative Contract Number CTR063425 in an amount not to exceed $296,689.30 which includes a 10% contingency fee. } t { �,���Rt1( il,yttii h��ttttiL�}}jt$�rsSjSS tt�f3 Ftt£�}r�s`}�}tsf{"jrs 4t fr} kl :. �� tila}t F�1f(ttlt � �}�� `rr}''1}h� �i¢�>7(£}#ts�}yi£2f}'•?•4rttt>EJ}IiyF{F yt tft+4t:{jJk s}s1{2r! ,; t k t r�a, =`4: jtt{;ttfj}7t,�Lhj4}r�g�f j`a# 'C}�,= :eta =;i,I }jj tf}Fj rtrf}1'J i}t l�4t}i}4fj St i{r}k y itt t F Y 3}tj{3r t{ r� tf} J P r >s .. .;:_ :;y,`'t����� �}1�7�ji£2{t7} {iF':1 i t k S4 iit�tr tY rid F t•; t j tr SIr y,�tS���,3, ``�ij�(��t{(}�`}S`'F� r�`" ,J s, .,.. _.., ,t.,,. r 'e..,•r ,, r ,:S��� _. jjftrt��.F7.r,te t t i 3 }4rjr tF., ...t�} j}�si.s,>art,. ,}t§Yj,r{sl,� i..� '. „{ z? #Fo .d, F:;t•i, rl, '�;.: � R, �i trt 7}. .i .F{f ':ti.t�1} t -. s ,r,d i „ly. tt;;n �tr:t � :i `k `t {tx t<x} t:7, � r((s F1 t 2 £ t" ;!_` b..<,2,, �,✓� {,; ,✓:��1 # i 1 1 F3.. t 7 11 ,� 'I, t°t{.i�{ ,t• .'Y :k s v :. >,,. .,. ,Yti,r• Y }. �s i i2 { Y t...} .. „,:..: i tr '::.,,r. t,�„ �t s ...,,_ F.• e. .s.,e,. � i) 5 .ff. 3 t '3,,. ,J� ,. s .i „ S `?}•t, r r ��. _� :f 7..: F 4 ;ts+, k t t t..j,, ,� ,t., �t sr„41= s1 J..��r lt+� fi .} iF ,t { y}'. t i; i. r,4;:7n Ij� �i{i$; -},a;•., i t� !i k" 1 4 r:t t f l s az : � t:• ,� st)} tf 4 t , h iJ# ri3, t{,�{ `'� £,•Ft S itt t. } t 1..4.l.ti= �� j3 c{£,.,. s i t arF ��� t3, :tftlrt {t tI } ;,c; �ty{ t,tt.rS •,i th F .t .>F��,.,Rs tsj lj}}z t s � t Fs Dt s:st. .3Y�= ,S t }. j ;. m +•, t.t: a:: r} yyS„{}sS t t E t,.{t J F>{ . .; ,,:r r i rj}ttFi tz}3i4#{s;{ ',tt�jtf{tf �f{}3:' 77 �II 3�11 r � r i r i i v t 1 tf #S i�y} h ttt 3 j! h • „mr s�t= v; y, IMPACT & RISK • RY IS A VALUABLE ASSET TO THE COMMUNITY,THE' AJ' lIBRA WITH, AN AVERAGE OF OVER 19,000 VISITS PER MONTH . • ANSES' ,,' EQUIPMENT FAILURE COULD DISRUPT ` FUNCTIONALITY FOR UP TO THREE MONTHS, DUE TO LONG LEAD TIMES OF A REPLACEMENT ORDER, • TEMPORARY POWER (SUCH AS A GENERATOR) NOT FEASIBLE DUE TO COST AND LOGISTICS �, �s° ; , '�. CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GRUBER POWER SERVICES FOR PROJECT PW# 25027 LIBRARY MAIN SWITCH BOARD THIS AGREEMENT is made and entered into by and between the CITY OF AP ACHE JUNCTION an Arizona municipal corporation ("City"), and GRUBER POWER SE VISES, an Arizona corporation ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in State of Arizona Cooperative Contract CRT063425 and Contractor's estimate dated August 29, 2024 (see Exhibit A) (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. The Work is being procured through a cooperative contract to bidding requirements under 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 complete the Work, in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with Exhibit A. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Two Hundred Sixty Nine Thousand Seven Hundred Seventeen Dollars and Fifty Five Cents ($269,717.55) (the "Contract Sum")for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders (the contingency, which shall not exceed Twenty Six Thousand Nine Hundred Seventy One Dollars and Seventy Five Cents ($26,971.75), for a total not to exceed Two Hundred Ninety Six Thousand Six Hundred Eighty Nine Dollars and Thirty Cents ($296,689.30). 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. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. 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 entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to .furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. if any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens,including all costs and reasonable attorney fees. 3. CONTRACT TERM;: The Term of this Agreement shall be from November 25, 2024, through June 3 , 2025. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. . 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 construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final 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 provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid, Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 3 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated 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 4 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 scope 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 prior 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 e tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 1>5. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, exceptWorkers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit, City reserves the right to request and to receive, within ten (1 ) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation 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 o not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury; products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 0001193, or the equivalent thereof. Such policy shall contain a severability of Interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily, injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MC S 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and 7 covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Contractor retained by City to provide the Work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insureds), 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 or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 8 Insurance required herein shall not expire, be canceled, or materially changed without thirty( ) calendar days' prior written notice to City. 16. CHANGE ORDERS; A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith; City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction 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 construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies die or to become due to it without the previous written consent of City. 1 . WRITTEN NOTICE, Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered' at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. . PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 9 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall 10 provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect, B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially 11 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. The provisions of A.R.S. § -511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 1. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 3 -33 through -393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated b operation of law. Any such boycott is a material breach of contract. 32 CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 5-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: 1)the forced labor of ethnic Uyghurs in the People's Republic 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, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the term of this Agreement that Contractor is not in compliance with this Section, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within one hundred eighty (1 ) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period,this Agreement shall terminate on such contract termination date. 33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 12 As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § - 14( ). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23= 214( ), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § - 14( ), 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. N WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of d , 20,23 CONTRACTOR: GRUBER TECHNICAL INC., an Arizona corporation B Its: 13 CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 14 STATE OF ) ss. COUNTY OF MrAej The foregoing was subscribed and sworn to before me thisaS day of oV fw.,la-w 202 Ij by7 k, Bro c if — Of as Gruber Power Services, an Arizona Corporation, n aALA C�m Notary Public My Commission Expires: k\-A fmMARK SCHAEFFNER Notary Public,State of Arizona Maricopa County Commission N 645654 My Commission Expires May 07,2027 STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of 20 , by Walter "Chip" Wilson as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 15 EXHIBIT A 16 ru eo Power Services apical Power Spedailsts August 2q,2024 Subject;City Of Apache Junction--Public Library Presented To:Larry Dewitt,Facilities Maintenance Supervisor-City of Apache junction We are pleased to submit our proposal to neplace,Main Service Switchboard 1000A for Apache Junction Library. &PA t3f Wane •Demo/Remove Existing 1000AMP 3B-SES/L7istribution Panel Board. •Replace 013-SES/Dlstxibution Panel Board. •3-Phase 4-W1re =1240Yott,1000AMP,Exterior NEMA12 Enclosure. •Crane/Rigging. « •Permit/General Conditions. •-Provide Engineering or Stamped Plans. •Plan-checlt,Permits and Inspections. •Provide CAD Drawings. •Weekend Overtime Labor Included. Exclusions: *Existing Concrete Pad Replacement, Pre-existing code violations. •'Bonds of any type. -Items not included in our Scope of Work. 7atal........ ,<»+.. .:..... I.... ...< ;.:. ..« .,;«;., .......... ..»«...a ..... ... ..;........$269,71Z55 fpricirig is valid far 6 tmanths) l l.'FLp.;+' ,2T Tf+t'P�i9rtlts3 1"i'iti..Pvr,+,g.LLn,G iarer4'r.:. • Curr[`nt'tar emnnptiuncortirwailons ow rnrluirtwo of the time of orovt p1.iecmrttt,tt{tiot alte ill'mi(11v with Ctnitx+r l imq Sets ice)4'rarttit'; for lox.Wjnut1;Vapplied ieritre'niuttig. �yrrlt,{cfd that,lP ss+tilt ?flt_Ct3rtl: « e4 S prs r sing Itv will be applied to all inwim,paid b covdit ea)Td Quote Provided By. padat W Justin Browalow l Gruber Power Services I AccountManager Phone;+$DO x414 I CtH +48b-48fi-91bb 1 Fox +673-879-7341 1 EmalkhLg2g trber:eom Websites w_w mbervDwer.gom I Addressz 21439 N.2nd Ave,Phoenix,AZ 85027 'Business Flours I Monday-Friday 7 am-4 pra t City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 24-951 Sponsor: Raquel Schatz Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Presentation and discussion of Resolution No. 24-37, an extinguishment of a Federally Patented Easement(FPE) located at Chaparral Road from Scenic Street to Virginia Street (alignment)for purpose of future development with the acknowledgement that current setback remain in place until the utility easement is extinguished. City of Apache Junction,Arizona Page 1 Printed on 1112712024 stt; Public Works Department -� Home of the Superstition Mountains Date: December 2, 2024 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 24-37 Chaparral Road Extinguishment BACKGROUND Federally Patented Easements ("FPEs") were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS The Chaparral Road (alignment) FPE from Scenic Street to Virginia Street has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE The owner of the underlying property filed an application for the extinguishment. They are seeking an extinguishment to build the east side and are currently obtaining building permits for a new development. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department AV �y"Y wr Home of the Superstition Mountains PROCESS Once the easement has been extinguished,the property owner can apply for a building permit using the property line as opposed to the existing FPE as the setback boundary. The property owner is working with the utility providers to extinguish the utility easements as a requirement from the development services department to obtain the building permit. RECOMMENDATION Staff recommends extinguishment of the Chaparral Road (alignment). ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on consent agenda scheduled for December 171h, 2024. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 24-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY PATENTED EASEMENT LOCATED AT CHAPARRAL ROAD FROM SCENIC STREET TO VIRGINIA STREET (ALIGNMENT) , IS NO LONGER NECESSARY FOR PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat . 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the reason for the FPE extinguishment request is for future development acknowledging that utility extinguishments will be required; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and obtained consent of utility providers; and WHEREAS, on October 1st, 2024 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on October 2, 2024, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de minimis public value. RESOLUTION NO. 24-37 PAGE 1 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF -, 20 SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 24-37 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-03-023D) The East thirty-three feet (33' ) of the Southwest quarter of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the South thirty-three feet (33' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-03-032B) The West thirty-three feet (33' ) of the Southeast quarter of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the South thirty-three feet (33' ) THEREOF; RESOLUTION NO. 24-37 PAGE 3 OF 4 EXHIBIT "B" � � I I I I I S - 5 I � I I I � � I 023D 0 o I bo 032B I 1 I I oN SCENIC STREET I I I p 00 <1 10 O cr- I1 ry I I I I - - —I I S CACTUS WREN _ _STREET S w JQ 101 QI ry� < I 10 p IU Z QI 10 Z I =I I ml 01 �I I IU I I IU I I LEGEND T1N R8E S22 - - 66' _ 3' PROPOSED EXTINGUISHMENT PREVIOUSLY EXTINGUISHED -- 33' R DEDICATED RIGHT—OF—WAY TO REMAIN ——— ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION — — — — FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 24-37 119-086 PATENT DEED(S) U) PAGE 4 OF 4 F-: Z City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 24-964 Sponsor: Nicholas Leftwich Agenda Date: 12/3/2024 Index: In Control: City Council Meeting Presentation and discussion of case P-24-64-PZ, a proposed rezoning of the north half of Parcel 101-20-008A, located at the southwest corner of 2nd Avenue and Colt Road, requested by Tim & Kristi Sheahan to rezone the subject site from High Density Multiple-Family Residential (RM-2)to General Rural Low Density Single-Family Detached Residential (RS-GR)to allow for the construction of their personal single-family residential home. City of Apache Junction,Arizona Page 1 Printed on 1112712024 City ofApache Junction Development Services Department CITY COUNCIL WORK SESSION STAFF MEMO Date: December 2, 2024 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager From: Nick Leftwich, Planner Case Number: P-24-64-PZ Subject: Proposed rezoning of the north half of Parcel 101-20-008A, approximately 2 net acres currently zoned High Density Multiple-Family Residential (RM- 2) to General Rural Low Density Single-Family Detached Residential (RS-GR) Summary P-24-64-PZ is a proposed rezoning requested by Tim & Kristi Sheahan to rezone the north half of Parcel 101-20-008A, approximately 2 net acres, from High Density Multiple-Family Residential (RM-2) to General Rural Low Density Single-Family Detached Residential (RS-GR) to allow for the construction of their personal single-family residential home. Planning & Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-24-64-PZ on November 12, 2024 . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission, as well as a petition of support signed by neighbors to the subject property, provided the night of the Planning and Zoning Commission meeting. During the meeting the Planning and Zoning Commission evaluated the rezoning proposal and subsequently voted 4-2 to recommend the denial of P-24-64-PZ . The Commission' s discussion cited concerns that the rezoning conflicted with the General Plan and that allowing a single-family residential rezoning in the Downtown Planning Area would set the wrong precedent. Attached: - Planning and Zoning Commission Staff Report and attachments (November 12, 2024) - Neighborhood Petition in support of the requested rezoning Planning& Zoom —Building& S fety ......Revenue Dei%elopment 300 B. Superstition Boulevard ® Apache Junction,AZ 85119 o Ph: (480)474-5083 a Fax (480)982-7010 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: November 12, 2024 CASE NUMBER: P-24-64-PZ OWNERS: AJ Apartments, LLC / Timothy & Kristi Sheahan APPLICANT: Timothy Sheahan REQUEST: Proposed rezoning of the north half of Parcel 101-20-008A, approximately 2 net acres currently zoned High Density Multiple-Family Residential (RM-2) to General Rural Low Density Single-Family Detached Residential (RS-GR) LOCATION: APN 101-20-008A, located at the southwest corner of 2nd Avenue and Colt Road GENERAL PLAN DESIGNATION: Downtown Mixed Use SURROUNDING USES: North: General Rural Low Density Single-Family Residential (RS-GR) & Superstition Views Apartments (RM-2) East: General Rural Low Density Single-Family Residential (RS-GR) South: Remaining half of 101-20-008A to remain High Density Multiple-Family Residential (RM-2) for future multi-family residential development, General Commercial (B-1) West: General Rural Low Density Single-Family Residential (RS-GR) & Kingdom Hall of Jehovah' s Witnesses (RS-GR) BACKGROUND The property being considered in the proposed rezoning is the north half of Pinal County Tax Assessor Parcel 101-20-008A, a parcel comprising approximately 4 . 05 net acres . The parcel is vacant and has no recorded development according to historic city and county records . The property has been zoned High Density Multiple-Family Residential "RM-2" or the former, equivalent "CR-5" Multiple-Family Residence zoning designation since at least 1985, according to the city' s first zoning map, dated 1985. AJ Apartments LLC, owned and operated by the Sheahan' s, purchased 1. "2"d Ave&Colt Road"Case P-24-64-PZ November 12,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department the subject parcel in 2016. Ai Apartments LLC also owns and manages leased residential properties to the southwest and northwest of the subject site, with their office located just southwest of the subject site at the northeast corner of Winchester Road and 4" Avenue. PROPOSALS P-24-64-PZ is a proposed rezoning requested by Tim & Kristi Sheahan to rezone the north half of Parcel 101-20-008A, approximately 2 net acres, from High Density Multiple-Family Residential (RM-2) to General Rural Low Density Single-Family Detached Residential (RS-GR) to allow for the construction of their personal single-family residential home. No deviations to the Apache Junction Zoning Ordinance are requested at this time. PLANNING STAFF ANALYSIS Zoning/Site Context: The subject property is a vacant, privately owned parcel primarily surrounded by a mix of both high-density residential development and low-density residential development. -To the immediate east of the subject site is a vacant "RS-GR" General Rural Low Density Single-Family Residential property, and beyond that are more Low and Medium-Density Single-Family residential properties. -Immediately to the west of the subject site is a Kingdom Hall of Jehovah' s Witnesses on an RS-GR lot and other RS-GR residential properties. -To the north and northeast of the subject site are more RS-GR residential parcels, while to the northwest of the site are properties zoned "RM-2" High-Density Multiple Family Residential, several of which are owned by the applicant, including the Superstition Views Apartments community. -Immediately south of the subject site is the remaining half of Parcel 101-20-008A, which is to remain "RM-2" High-Density Multiple Family Residential and is to be split into its own parcel if this rezoning is approved. The applicant has indicated they would like to develop more leased multiple-family residential units on this southern portion of the property, such as those they own and manage immediately to the southwest of the subject site, on the "B-1" General Commercial properties located along the north side of 41h Avenue. The applicant' s AJ Apartments leasing office is also located here at the northeast corner of Winchester Road and 4th Avenue. Further south are "B-1" General Commercial properties with Hope' s Boarding Camp (a kennel & dog boarding facility) and Bishop' s 2 "2"d Ave&Colt Road"Case P-24-64-PZ November 12,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department Trailer Sales, as well as the Superstition Mobile Ranch Manufactured Home Park (MHP) to the southeast. D 4 s a (1.2 } Y J' n� r Staff finds that the proposed rezoning to RS-GR does not create a zoning conflict with the adjacent uses, continuing a zoning pattern already in place and matching the predominant zoning of the adjacent area. Relationship to General Plan: The subject site is currently designated by the Apache Junction General Plan land use map as "Downtown Mixed Use" and as being a part of the Downtown Planning Area, for which area the General Plan provides staff guiding policies and goals. The "Downtown Mixed Use" designation represents a general plan for dense, mixed used development comprising office, retail, and high-density residential . 3 "2"Ave&Colt Road"Case P-24-64-PZ November 12,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department 7$0 Vq f c� t{S1f' 4�jjt, r s c s s s t 0f ser t ,� s st 4 LEGEND Downtown Planning Area General Plan 2020 Land Use Floodplain Overlay Downtown Mixed Use Conservation(1 DU/AC) Commercial Low Density Residential(9 DU11, 5 A ) Publirdinstitutional Medium Density Residential(10 DUTAC Max) Transportation High Density Residential(40 DUTAC Max) This designation does conflict with the applicant' s request, as Chapter 4 : Downtown Apache Junction of the General Plan noted in the specific Goal and Policy 4 . 8 : "Provide a variety of housing options . Discourage single-family residential development within downtown core. Encourage high density, mixed use development within downtown core. " Due to this conflict with the Downtown Mixed Use land use designation adopted goal and policy of the Apache Junction General Plan, Staff finds that the General Plan does not support this rezoning, however the 4 "2"'Ave&Colt Road"Case P-24-64-PZ November 12,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department proposed zoning change from the high-density residential "RM-2" to the low-density residential "RS-GR" does not create a conflict requiring a General Plan amendment, as "any proposed zoning map change from a higher density residential zoning district to a lower density residential zoning district" is exempted from both the major and minor amendment process (Ch. 13 Amending the General Plan, Minor Plan Amendments, Item 3) . Public Input: Neighborhood meeting notification letters were sent to property owners within a 300-foot radius, per the requirements of the Apache Junction Zoning Ordinance §1-16-6 (5) Mailing notice for Zoning Map amendments. On Wednesday, October 23, 2024, the applicant held a neighborhood meeting in-person at the Apache Junction Multi-Generational Center, which was attended by one neighbor owning property directly north of the subject site who expressed support for the proposed rezoning. PLANNING DIVISION RECOMMENDATION The Apache Junction General Plan is the guiding policy and document for the Planning Division' s recommendations . The General Plan does not support this rezoning due to the goals and policies that discourage single-family housing within the downtown planning area. However, we do find the present zoning context is agreeable to the proposal and note that the local neighbors have spoken in favor of the rezoning, and recognize the Planning and Zoning Commission' s authority to make their own recommendation of approval or denial based on its own consideration of the proposal' s context. However, Staff provides recommended conditions of approval to ensure the proposal is compliant with city codes and standards if the Planning and Zoning Commission elects to recommend approval. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (approval / denial) of case P-24-64-PZ, a rezoning request by Timothy Sheahan of AJ Apartments LLC (owner) , for a rezoning of approximately 2 acres comprising the north half of Parcel 101-20-008A, located at the southwest corner of 2nd Avenue and Colt Road, from High Density Multiple-Family Residential ("RM-2") to General Rural Low Density Single-Family Detached Residential ("RS-GR") . 5 "2"Ave&Colt Road"Case P-24-64-PZ November 12,2024,Planning and Zoning Commission Staff Report City ofApache Junction Development Services Department RECOMMENDED CONDITIONS OF APPROVAL If the Planning and Zoning Commission elects to recommend approval, Staff recommends that the approval motion be made subject to the following conditions of approval: 1) The project shall be developed in accordance with the plans approved and associated with case P-24-64-PZ and all provisions of the Zoning Ordinance and city codes applicable to this case. 2) All applicable permits shall be applied for, and plans shall be designed to current city codes prior to construction. 3) Parcel 101-20-008A shall be split through the Pinal County Minor Land Division process . The land split process must be completed within 12 months of rezoning approval or the rezoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-6 (H) (1) (b) to correct the split-zoning issue that would otherwise occur. 4) A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right-of-way at the intersection of E. 2ND Avenue Street and S. Colt Road. Prepared by Nick Leftwich Planner Attachments: Exhibit #1 : P-24-64-PZ Project Narrative Exhibit #2 : P-24-64-PZ Site Plan Exhibit #3 : P-24-64-PZ Vicinity Map Exhibit #4 : P-24-64-PZ Public Participation Report 6 "2"Ave&Colt Road"Case P-24-64-PZ November 12,2024,Planning and Zoning Commission Staff Report Project Narrative: My wife and I are wanting to build our personal residence on the north half of a parcel that our business currently owns, 101-20-008A. The parcel is located on the West side of Colt between 2nd Ave and 4th Ave. This parcel is 4.05 acres and currently zoned RM-2. We are requesting to rezone the north half of the parcel, 2.025 acres, to RS-GR to build our family home. We have found an architect for the house plans and will start the formal design process as soon as the rezoning is completed, with construction to follow as soon as possible. Our current plan is to build a single level 3000 sq ft house with a 4 car garage and large covered patio. This lot is currently vacant and has not had any building or development on it. This lot is in the Downtown Mixed Use portion of the General Plan. My wife and I feel the rezoning of the north half of this parcel would fit nicely into the neighborhood since there are homes to the North and West of the property, and the lot to the East are all currently zoned RS-GR. There is a Kingdom Hall to the West that does not have any windows facing this parcel so should not have an impact. The South half of the parcel will stay RM-2 for multi-family matching what is currently built to the West and the MHP to the South/East of that part of the parcel. Of the 20 parcels that are within 300' of this parcel there are 8 zoned RS-GR, 8 are B-1,1 is MHP and 2 are RM-2 (this does not include the parcel we are wanting to rezone). Of these 20 parcels, AJ Apartments, LILC (which is our business) currently owns 8 of them (including the parcel we are wanting to rezone). We have owned these parcels for the last 10+ years. We feel that this rezoning will fit in nicely with the surrounding area and will give us the benefit of living and becoming involved in the community where we have owned property and run our business for 20 years. Impact to the General Plan: We feel this is an appropriate adjustment to the General Plan to fit with the existing usage of the established neighborhood. Since there are no multi-family properties to the East on 2nd Ave, this will keep the traffic flow on 2nd Ave the same by building the proposed 1 house instead of up to 44 multi-family units that this half of the parcel is currently zoned for. We have contacted the varies utilities and will be paying to have the infrastructure improved and extended to the lot. Additionally, we also own Parcel #101-1 9-012D located at the South West corner of Winchester Rd and Scenic (less than 1/2 mile away) that is approximately the same size as the lot we are rezoning, that is currently zoned RS-GR. Our plan is to rezone that lot to RM-2 to match the 2 lots to the South that we also own (zoned RM-2) to build Multi-Family units in the future. This zoning is being requested for the sole purpose of building a site-built personal residence so that we can become more involved in the community and closer to our business. 2nd Ave 330' AZ Water SRP House Colt Rd 330' Septic -Parcel #101-20-008A North half -2nd Ave is North on map -House will be more centered on lot -Septic will be on East side of house -AZ Water & SRP will enter the lot on the East side close to 2nd Ave -Not to scale s Vicinity Map z P - 24 - 64 - PZ Rezoning request from High Density Multiple Family Residential (RM-2 ) to General Rural Low Density Single-Family Detached Residential (RS-GR) to allow for the construction of a single-family home . ,i;�s;vvvvvvvvsvvvt'('> -t-v4vvvvvvvvsvvvvvvvvvvvvvvvvs4sl vvvvvvvvvvvvsvvvvvvvvvvvvvvvy,a[ t-; i i i t t RM A� i �t.7 i.715, - r I a t i t �t Y ,•`i ,I: 4 a v v 1 F r,. �lr,� i vt s t „it�i= f I ............ e t l t i i i i t t s t a � t = art vt p � y i t ter it ; J 4 7 B-I MHP Subject Sites N APN: 101-20-008A Date: 10/21/2024 10/07/2024 Dear Property Owner: The purpose of this letter is to inform you that Tim & Kristi Sheahan (owners of AJ Apartments) have recently filed a rezoning request for an approximately 2 acre site located at the Southwest corner of Colt and 2nd Ave, rezoning case number P-24-64-PZ, to change the zoning from RM-2 to RS-GR. We would like to invite you to a neighborhood meeting to discuss this rezoning request. The following describes our request: Existing use: The entire 4.05 acre lot is currently vacant and zoned RM-2 which is High-density Multi-Family Residential. Proposed change: We are splitting the 4.05 acre parcel (parcel #101-20-008A) in half to build our personal residence on the North half of the lot being rezoned to RS-GR which is General Rural Low Density Single-Family Detached Residential. The South half will remain RM-2. A neighborhood meeting will be held on Wednesday, October 23, 2024, at 7:00 pm at the Apache Junction Multi-Generational Center at 1035 N Idaho Rd, Apache Junction, room You are invited to attend this meeting to learn about the proposed zoning and plan for the North lot. If you are unable to attend, please contact the City of Apache Junction Development Services Department planner, Nick Leftwich, at nleftwich@apachejunctionaz.gov or 480-474-8575. Please be advised that meetings and hearings before the Apache Junction Planning and Zoning, and the Apache Junction Town Council are planned to review this case. Specific meeting and hearing dates have not yet been set. You should receive a subsequent notice identifying the date and location of the meeting/hearings when they have been scheduled as well as a sign posted on the property. Sincerely, Tim & Kristi Sheahan AJ Apartments LLC office@aiapartments.com 480-437-4964 Public Participation eport To gauge neighborhood thoughts to the rezoning nin qu t, letters were mailed to all property owners within 300 ft of the property and o neighborhood meeting was held on Wednesday, October 23, 2024, at the Apache Junction Multigenerational fomenter. One property owner attended the meeting, Justin Miller S. Colt d attended the meeting and is in support of the rezoning request. He stated he had also spoken with the surrounding neighbors on Colt d, and they would much rather have a house located adjacent to their properties than multi- family units. He conveyed that they were all in support"of the rezoning. Prior to the meeting we had also spoken with Daniel Cody(325 S Winchester Rd) and he also stated that he would rather have a single family home behind his property. We feel this feedback supports our belief that a single family home on the forth half of the property is e better fit for the neighborhood/adjacent properties. Keeping the South half zoned for multi-family will keep the multi-family along 4th Ave. adjacent to the existingmulti-family units. Public Participation Plan: - Rezoning request of the North half of parcel 101-20-008A, changing RM-2 to a single house that the owners (the applicant) will live in. - The public will be informed by the letters sent out by the town informing them of an open house with the date, time and location. - No issues have been raised yet from the neighboring residents. - Issues raised by staff and/or the public will be addressed if and when they are raised. PINAL COUNTY https://pinal.maps.arcgis.com/apps/webappviewer/index.html?id=7ab8c3bf67a84f97ale64dcf... PI NAL CQIJ STY Development Services Zoning C w dos } . place + � Find address or lace ' {' t I f 1,10t A)21 t. „ 5,i 1 2 46 0001,54 J1 VA c"I 2i I,C6,t,icT is . 4140 Public Notification VI 1)1VIIIN1t1 1CI %. IN Select or search for a feature in the mapft"121ti1 t sy �114 01110t : M/ ,. n, z Apply a search distance 7, 1a, 300 Feet 1 WE" t Addressee Layer t 1` ,u Property Mailrf4i s , ' 1t <4 Format „ 2 � 4.��' �. , (5tt PDF label 1 x 2-5/8 inches; 30 per page 41$w „ti tt 21 addressees found; do you want to continue? t 10 1dt 12, "" � ' ),t4a '4A 00ft1 t 111.533457 33.412737 Degrees , A " 1 ,.r� ttt> 1 of 1 7/9/24,1:51 PM As a Property owner of an adjacent parcel to 1 1-20-008A that is the subject of Case P-24-64- PZ, I/we are in support of the proposed rezoningof the Northif of the parcelfrom Density lti l ity Residential - to General Rural Low Densityin - ily Detached i n € l - for the r on l residence of i tl Sheahan, owners of Apartments. 1 .Name- Nam t ro iht r , I'i I yy t $ 11 I in 4+ > r s r• ', ti,:--,� >.>" }fc. .�. p' „x �.it , {:'} ,it1,€ tt £ r..rnm #;, ,�k7} ,j: r,.�s�; ir, �`4„t.ri > «,..` .t 7S rL u}. t� t 'I�;,�{" �,�zs}.n '` 't. a;; vr`4 .r{, m6 r� 3. `J3 ,4! ,}• , . { , t £> #a r t kpi Ck{{jb?:y ) .p. F bt�,... ,'r',}:N �•t,:. �1Yt€q3 � >T >.fr, � I: It rt 4.{r,s t r4„'Jr 4 ?, 77 „r t, S. .1 ,4 6 } .}. \St > ,a. ,d �,. t:L�,, ,.�.• v},rt 1 ,5,:} r , F 'r'U } .i,��t 11 :, r.,,,,,r # , `' t.,#t.' "' t,,'. `, r` r. •'�r ,.r. r.T„ 2 U. , " f>��S ;k% „if ek.>, �{5 :.;>� '•, ?t:=#f<,r, '�,_ „$slb,`A, iL fr M!"o, „ r 1 p,. ,w ff Y Y r, , , 4tT , ,r• r t. r=t r>, ,,.t n., ,,,:, =4.. 3r7st ,a,..i aw :.. .. ,. .. •,. .n'. .Sr `trt, ,,. .t� i t t: C, sg,=:t;, �"'2=. , e(,c' r,:t� �:i ,,'. :s,k,„. >€' ,.fi#k iy., i,: . r e , .,`a .,n",.,;rJi• � ��,t t=<„, rt�,,r, r•,t,£} t � ,tY y ',, ,> ��;�"' :_,,r £t rr u � „ } r :�=t;}e r'";, 't`}�;:,,r.. �,,y,.: t 't '=r, trn r, a},;� „d t '`" hr tU�#'> r 4� Td•. ,�: Ft,t r { t�}�}t •w}�t�t r@ €tS ��{} t' '«" t, � s 4't 4#„r,ia;. '0 :''`}t ,; `,''., ,�s "'t,:;. s 3` .' ;.. .;' �,' ,; #}rtt4 r..:..,, 4,rf rirk�?rs.rt.+,( ...>y„?�k� " „ ., ,,.r ,a(7•.fir#t4„ t , jw Y 5f r, r Ii • � � � k+ ,. r `„_;!, kt, � t �, ti4t .. t,.,� .,.. .,.' 1 sE,., y �£' { s t� t}r i'i • • «nt„ i ? t++ sr, r{� #t«' c?eta ,,,,{t�tXrr �t tV��{}#�;U • • • , • • ,r, } +7� j � `4Fy"r,'' Y{.>. r ;,,l:r'. .,z<., ., r.: ,'3",:, >sij..;, t`U r� 4�f iar`.. �t £��1:"t Sj��.j A r }t3 k a f rf. r , Y t #t t t 1 i r =r t a, ,. s f 7 .e 1:,,.� t.3.at3}�}`Y, �„ � :�' ,`�i, „',, n,t , , >,�di�i, {. •4 1 Iz 44 r x; r � I � • � � i`�r}1 ��bt1t��}a r�t�rt}` Z��}ItJ ,1 a rrr t� t. ty.,, # ��}a ;3tii� ,� t" r4 } i};ii',, f i f•`U tilt, '�d t� t t f ,a" 3 t T< A 7 t t 1 } f 32 ?Y 7 • �,, ,b� e�t 1 (�,''�s,���t.+�j•t£;„>ra tt'ry�t��i}U �� ;t, ,"r { 1 Y �"I >'u 7 .+V�;y V �4; ,r; #y ,.t. 4y y �f}tr#ttrt}}tTctf£r€€} .,rrrt•t r # ( n t r > +J t}� 't. ), 44,:+.•.' is ti1� tr`7# a ��}r rr,}<.}t, r r , r r tP } of£r r { " r , } � r;.r > '� t=:� r$`7'f.` }a 't �',kx� <:; �,a.z�k, 4 "•.g ,. x.. ,.. §:. �{3L;a �}tf t�_ ,.=�if�#t4,7 i �i}"� "w'`r u ? �7«,�1: rt fi 2 } ,( '�` iz" ,ur. r ,3,•r r'.t,?#�r� �r ,r� # a.t�k,'" '� r tt 4 } S. IGx. { t 5 4 v § =jrt4} t�'4'} i it a«, ;.:, ,,,,r `4 ``U V"' t t r.,,1s„`t } ';� lr£t t�i i i•~tit r%t, + �# '"7� £a`r .��� `@`, £f}}$ f 3}t t r a ss tr tirtpU, Y,i•, i u tr t:is r{;r`}it •y ,r� `t tI}r :V' 1,� ra, r.., 'k 14t .SkSr{{•' rrst r u,#: .<r,ttt� str t} {, ;t..,„t �{ r• ,j•�. �, „ !k{ .Ysf ,( r,..a.. jj Y ? tt r:. f t } tr. r r` ,t r>� t 4 n 7tr g „ ^r r, ti�}2� xr tf�?y t{rtijt���l}�Lrs} ,t.l fttit�t�bit, r J',Sf� tkl �ar���i��3�`t. t- TM t z " U k n, , t . + i� t rt t r itiittf t, �e7} t,,"=;, .,, "''+;, ,tiri" , t, 1t€` fi}tJaVy,4.} { rt� � ri >S,.°: '_,• $tiy b r s.Ri'r fi�L`r, ts`',F r , t�t tti'4ty r s ir,,,rt,•r„tf. t`�tr :#f `TS` � .,,t,, <�r,a,o .a',r= >F,r r,r ,u 1 t £ a .^;... 74,,,}r:<„ y., ,t, , ,� : V:•.•. ,.,,<<f G t„ >.., ..�y sa't ,r r:?H t�"t�;e i�, �,{, 1,r s 4` t£' j nl Uf au, r„ rt ' r# it..,.}•Y,,x,.:. r � r. ,...,17}. � "h>r.,.. t t7t��.�r� :,s ... x3 ,.. _• � :. .: >t., � ,�_."..": , o,s t}ttS t. ..4 Yt �5, . :4.�#> .#tt 7a i t r.... I Lr.:.. •. .., t „ x y „s # Y, ,tr .n,.<„ r ...., 9 F# rx. y j �vJ (r ... rF. p I z'.' r"d'�" � ,; ", � c,.w.�.. ...YdZ�V- "� _ '�.�tuzaa:,, ks:•=r ::. >� •. ��.x«,.r ,. ..,��sr�� a�4.aa �„rust ,.. .rw.:. �:rwrs t""' Yit.�al jl}�(Y q .,..,.' .. �uU1,U,,..�;nttlkQ ..„�,�tsi�lt ,.fid - r,..,, H�ih��,:,i,„rb, .. � g9, �t'Y s��r ' �2� ( }, 7 g:r It£i£ a a ���,✓t s��a� � b f" .>'� 1 a r i r k � } i M I � rt �:��� 2 �,,Y .;#Y t4$•Pow,+k�i N � r r w f er , t ~, t " sr ,u. zk a v �< " J£ s tz�s 4 j B S � U • tre Po s tt ,,Po�: a Po..,mm'»,,'• m :w;ma. `,+t:,�?s, t sa.:r }as tjs . �s. .aI,,;�,fi, :, ��«. � a�w+m,�m�.,m as��,,u r � �. ,a,x,:f{:, � tisr k tt�h��r r,'�c at:.. „ ., ,�,,�..,x•w,�:m �, ,a',.. ,st� ,t .�.,�h r .. }y a U �- :: �� r~"�,. ,.a i t,.�,;., tjj slsso,{£�. 5�:.`•._{<�t t�t,i/I��,,„S��M1 tt�t t..,:�� Y :� ��:,. ,,.&:. �>,. '� {�, :.;#. `�9 ;. ra� .,A5 {S:ft+,, t4f s, r,. s,•k`# 3�1 7,,, r t ,,,,�s,,..,kr t r £W: � • � st}t " ?�tt���tlt{�y"i ��ttrtrtil��i � � i{� � } • �t i#�7}ti�i7��h#�+¢ � � �C�fla�&pan ,,:Po wt' sa :�x a�"�trc�rn.� rtt r,� � m„t i � a � � • � ��;�,� }�t���4��}�st 2.1 ���rrt{{} ?m w. m a a w ma�;m m Pot "� �. rP6r,r, r .ra a • • � � • � � '��, t '��., r.. �'r � s�t;�"YSr` i ais`: i �,m�t'� m � �m{�na rw�s7�Po.# r�Po Po s> , m 41" � Yw wr rw rt rk �i v' s i a � � � • �w �a�'as�' � sj{ a; r Jtt it 1 th AL •, • • • ta: rw r _ v • rfi�7l, � ` . Y } r � s a tt` L t y V fa r� s1 A� a7 d r r if � u � } 4 � t � r tt li } r� a ,,, ,, t r✓ .:, t rj4£t :, ;, ., i.,s,t t t 2..l.,a,;=t " ri a [, � s•,,. �'� .at f':,,„},, nr 'i:''r7. „,r,; 1�1p�:.;i}1;., .a .{;a, 4, 4+ �s t r it tv ma �5 s b F 4 yy f 1'•st{c ip 4 �'f"�i 4'; s sr3 1 t} r k=t �z t t k'oV t 4,F £ bit t A ti9 t t =t. �nvn �r t € +�~t}1�,,Z��i x c . iYBS�.,. r. m.. r , r yy r. i$ f t to liti r x ,U p'is' , s s71 { P t frS}rr i rb + t Ir r tr'i t � + l¢ttr,K4 ? I 3 Win rti }r r s: # f}t ��1ti 'p" i4 €tk�� b t=r y r :4 s f t s1�t t � 1A .0 r t4 a ` $`�`� . . r'.`. .: T` xz5�tt�ij�`}�{f}i>,=„rtte�'t'{t£ fi? � �� ;*,�,. �'`"t����r`'r"f•�?,ttr4'�X��`'�"Ukt`�irh} s t}��f a t}Itf i tt >t iW, fi P f t <+RP f t. r s } y sS ?h r i }iitSst iSl�f7 t r 3ii{t rr Ps, TON, t � 1 b +� � y�� L�corn ,.; a . ,Sri r+ + aConse =' �+ r jt 2 '2 t}rf 1d ' Low Deny R, e nt a D 1 2 5 £, � 4 Mlll �*r} e i3;m Density R side �, a l ( ) ED U AC �" a,r"}.>a r9 34tt 1 7' �^ H `D P'f Res'dent'al ,,40 Uri C Max) D a�a r' o of Mixed Use ,. ;pt}yr Jf{ttt r t s+�fgtiritui){i t { r r is "h f:-,. ,t 12 '"°yr;, r i,' * r B. 9 £�str...a r >, ar t_.. ," @ _ $ a: ii� r lr ` r tt", i r S r tt i=. {,.• u"fr ia +Y ., �� � � �'� say«. a��.` , 'rt� f n { Y P k i f t t { g } � � � S i £ r t r Commercial' ,,. w 9 c t a Y ' x i Sr it f t j;�i i rs 7 f r},$t 2 is; f t y'y°, $ }# t7 t r bar }t 5 � 1` t r o Light ., ,.:�. r . 't Mb, i' 5 . Pak and � A t �! � 5 ,gyp _ S' v . f .:: ,« x r t t t t.stint ,+ �, 4bi {t=:' r., 1 s•> en Space. _ '... k� ,aar ., rvm Yax t t sh'. rN 'e•. > 1 . .f,a dr t#=.,..a �=ii\ ��d,4 ,1^}, ..,.' frP'r7 t n' � t { ��p.�•n �tr4ss tr,nv t y,r s" s Y t t t t4. r y�'+t6Yt �r r t 4i y ,Fit} Y Y 4 t. t # } 7 } ft t1 t# {r 3 t f ter 7 I } 3� s .,s, ,.=n �`,{�)h;{3�t{T7terGf�c,{.,,,�a .,.tt<t,k„ rs•�,y.,t r„�,{,rt„ .PtS,,. .�.�, n #e..��r, f�itt':£f�}� t i t r t . MM Public Input • Sign was posted at the site, notices were sent out to property owners 300' around the subject site, and proposed project was advertised in the newspaper • A neighborhood meeting for the case was held at the Apache Junction Multi-Generational Center on October 231 2024, attended by one neighbor owning property directly north of the subject site who expressed support for the proposed rezoning. Planning and Zoning Commission Recommendation • On November 12., 2024, the Planning and Zoning Commission voted 4-2 to recommend the denial of P-24-64- PZ, Recommended Motion move that the Planning and Zoning Commission recommend to the Apache Junction City Council the ( approval / denial ) of case P-24-64- PZ, a rezoning request by Timothy Sheahan of AJ Apartments LLC ( owner), for a rezoning of approximately 2 acres comprising the north half of Parcel 101-20-008A. located at the southwest corner of 2nd Avenue and Colt Road, from High Density Multiple- Family Residential ( "' RM -2" ) to General Rural Low Density Single- Family Detached Residential ( "RS-GR" ) . y ,. ix r TM z a�. r' City Counc' '1*, [ Pu, bLi,c ,, Hearin 9,0 r, � m' r,17h M utesday; D'ece 2024�' ' r , ix w" w �$ AVI, , M §r r i v ........ .......... 4 t. 4f i a k" S r. i n 8.N �f rY k ryr t. ] �so. i.";,, t� i Y} y , .�, is f n pf tt f t: S � n t. 3 15 s t d, 4, a l 1 „ rf t t a: It f t ,i. �v �. ",, .;:. .r t 1 t t y } t `x 1 s < tx<'F 4 { � � 5 irs.ts t 1. a CITY COUNCIL MEETING ROLL CALL Gate: Work Study Regular Special CITY COUNCIL � Present A /excu Present Ab/excu Present Ab/excu MAYOR WILSON VICE MAYOR SCHROEDER t/ CC UNCILMEMBER CROSS -k COUNCILMEMBER HECK - ..__._ _._ COUNCILMEMBER JOHNSON , COUNCILMEMBER NESSER I COUNCILMEMBER SCILLER TOTAL CITY STAFF: Present j Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby I City Clerk City Attorney Joel Stern IT Director Doug Wirtgen Mrkt Comm erector Kayla Fulmer Public Safety Director Michael Pooley Public Safety Assistant Johnny John Dev Services Director Rudy Esquivias J PW Director Ted Wolff Parks& Rec Director Liz Langenbach Econ Director Patrick Ainsworth Library Director Pam Harrison Finance Director Angelie Hawley ------ _. -__ .�__.------- - HR Director Anna McCray Water District Director Mike Loggins Municipal Judge Deputy City Clerk Evie McKinney Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegri T -- Senior Planner KelseySchattnik Planner Erica Hernandez Planner Nick Leftwich __ --_ P Project Engineer Raquel Schatz — City Engineer Emile Schmid Management Anaylyst Rob Wistler I { S ,T e, a{r)ict'. s ,r< trier,; R o 11 ° ;i , ;.,,a ��e — City Council ATE - ROLL CALL ITEM 7 .. - - : MEETING OF MOTION BY: SECONDED BY: NOTES: YES N© ABSTAINED ---_ CITY COUNCIL COUNCILMEMBER SOLLER -- VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS G ° COUNCILMEMBER HECK COUNCILMEMBER V/ JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 2 S:/5—Templates&Forms J Vote Call—City Council D a CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: N K, I would like to speak on a Non-Agenda matter regarding: 1A, =7le__A__ Do you wish to speak before Council on this item? Yea—V No Only If Necessary -Z-11 am in favor of the proposed Item. —1 am► opposed to the proposed Item. lsl�e_L)Q' First ame Last Name (PRINT) Address city Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearin q comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , 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:jc)�__3 ,2 CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: e�/_11 -S Do you wish to speak before Council on this item? Yes - No Only If Necessary I am in favor of the proposed Item. -1 am opposed to the proposed Item. 0 First Name Last Name (PRINT) T, jyj V;d 7 Address city Zip Code _7 C L_'T �Telephone Email addres-s------- 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 Publicdear°n comments have a five inure i writ. Consent for Minor to be Audio and/or Video Recorded: 1, , 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)(% Signature of Parent/Guardian Date 08/26/2019 ate CITY 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: \%7 Do you wish to speak before Council on this item? Yes No Only If Necessary -1 am in favor of the proposed Item. -1 am opposed to the proposed Item. First Name Last Name (PRINT) <4 Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , 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), Sig;'-n7aure of Parent/Guardian e 08/26/2019