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HomeMy WebLinkAbout2024 12.17 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday, December 17,2024 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 publichearing. 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. 24-819 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 24-824 Consideration of approval of minutes of the regular meeting of December 3, 2024. Sponsors: Evie McKinney Attachments: CCMIN 2024 12 03 MINUTES DRAFT 3. 24-952 Consideration of approval of Resolution No. 24-37, a Federally Patented Easement(FPE) Extinguishment of Chaparral Road (alignment)from Scenic Street to Virginia Street 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.pdf Res 24-37 Resolution.pdf City of Apache Junction,Arizona Page I Printed on 1211212024 City Council Meeting Agenda December 17,2024 4. 24-953 Consideration of approval of agreement with Gruber Power Services for the removal and replacement of a 1 OOOAMP 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: Staff Memo Library QB-SES Replacement Contract Gruber Power Services DB-SES Presentation 11.18.24 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 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. 5. 24-829 Brief summary of intergovernmental updates from mayor and councilmembers. 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. 6. 24-834 City Manager's Report. Sponsors. Bryant Powell 7. 24-839 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. City of Apache Junction,Arizona Page 2 Printed on 1211212024 City Council Meeting Agenda December 17.2024 8. Consideration of application for o new 8ehoo 10 Boer and Wine Store liquor license for ARC0 AM PM located at 745 S. Ironwood Ohwa. Apache Junction, AZ. The next step in the process ia for the council to hold a public hearing on the application and make recommendation of approval or denial ho the Arizona Department of Liquor License and Control. Sponsors: Evie McKinney Attachments: Memo To Council 12.17.2024 Application-Redacted Public Safety Inspection Approval Building Safety Inspection Approval Planning Inspection Approval 9, 24-<972 Presentation, discussion, public hearing and consideration of Ordinance No. 158O. of case P'24'64-PZ. a proposed rezoning ofthe north half of Parcel 101'2O'808/\. located at the southwest corner of 2nd Avenue and Colt Road, requested by Tim & Krioti Sheahan tn rezone the subject site from High Density Multiple-Family Residential (RK4-2)to General Rural Low Density Single-Family Detached Residential (RS-GR)hu allow for the construction of their personal single-family residential home. Souomms: Nicholas Leftwich Attachments: U. 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 noquoot-/o-opma6 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 nequoot-/o-opoak form with the city clerk. City vr Apache Junction,Arizona Page wmmd on 1211212024 City Council Meeting Agenda December 17,2024 10. 24-973 Presentation, discussion, and possible consideration of rejection of proposals for Prospector Park drainage improvements, RFB#P&R PP Drainage 2024-007, due to being over budget. Sponsors. Liz Langenbach Attachments: Staff MeM2 Reiection of Bids PP Draina e PP DRAINAGE PROJECT-REJECTION OF BIDS PRESENTA' 11. 24-982 Discussion and consideration of Resolution No. 24-42, approving the incorporation of a corrected legal description of the district boundaries of Superstition Vistas Community Facilities District No. 2 in the First Amendment to the Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement to which the City is a party. Sponsors: Evie McKinney Attachments: RESOLUTION NO. 24-42 12. 24-986 Discussion and consideration of employment agreement appointing Thomas C. McDermott as the Apache Junction Presiding Magistrate for a term of two years from January 2, 2025, through January 2, 2027, pursuant to Apache Junction City Code, Vol I., § 5-1-3(A). Sponsors: Matt Busby Attachments: Thomas McDermott Employment Agreement 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. City of Apache Junction,Arizona Page 4 Printed on 1211212024 City Council Meeting Agenda December 17,2024 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.& §38-431.03(A)(3);this notice is given pursuant to A.R�S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 1211212024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-819 Sponsor: Evie McKinney Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1211212024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-824 Sponsor: Evie McKinney Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of December 3, 2024. City of Apache Junction,Arizona Page 1 Printed on 1211212024 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd City Council Meeting Apache Junction,AZ 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 Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Nesser gave the invocation and Councilmember Heck 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 Joel Stern, City Attorney Evie McKinney, Acting City Clerk Kayla Fulmer, Director of Marketing and Communications Rudy Esquivias, Development Services Director Ted Wolff, Public Works Director Pam Harrison, Library Director Nicholas Leftwich, Planner Emile Schmid, City Engineer Rob Wisler, Management Analyst D. CONSENT AGENDA Councilmember Soller 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 December 3,2024 1. 24-818 Consideration of acceptance of agenda. 2. 24-823 Consideration of approval of minutes of the regular meeting of November 19, 2024. 3. 24-949 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. 4. 24-961 Consideration of approval of Resolution No. 24-39 Forming Streetlight Improvement District No. 2024-SV-BR-2 Blossom Rock Phase 2. 5. 24-962 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. 6. 24-963 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. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 7. 24-828 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck praised Animal Control staff for the way they handled the temporary move of the animals during construction that took place at the facility last month. They created areas to house the dogs in a safe indoor environment and also received help from City staff with fostering dogs for the construction time period. Mayor Wilson attended the opening of Mesa's new City Hall on November 23, 2024. He commented on how open it was and the amount of windows. G. CITY MANAGER'S REPORT 8. 24-833 City Manager's Report. City Manager Bryant Powell highlighted the Public Works department and the duties they are responsible for. He showed several pictures of staff members and the new truck that Council approved for them. Mr. Powell also spoke about the Marketing/Communications department and the programs they work on, including Citizens Leadership Institute, State of the City, and Neighborhood Meetings. 9. 24-838 Announcement of Current Events. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes December 3,2024 Management Analyst Eli Richardson shared the Holiday Event will take place on Saturday, December 7, 2024, from 3:00 p.m. -6:30 p.m. at Flatiron Park. The activities include: Santa, vendor booths, arts and crafts, games, music, inflatables,food, tree lighting and the Annual Holiday Light Parade. H. PUBLIC HEARINGS 1. OLD BUSINESS J. NEW BUSINESS 10. 24-948 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. Public Works Director Ted Wolff presented 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 1000AMP DBSES/Distribution Panel Board and replacing with a new 3-Phase, 4-Wire, 120/24OVolt, 1000AMP, Exterior NEMA12 Enclosure. Electrical engineering, permit, and weekend overtime labor is included. Public Works 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. Councilmembers; inquired about the start time of this project and complimented Public Works Staff for planning ahead. Mr. Wolff introduced the new Facilities Maintenance Manager Maggi Quinn, and she responded to the Council's question. 11. 24-951 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 Engineer Emile Schmid presented the following: 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 City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes December 3,2024 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 on the east side of their property, and are currently obtaining building permits for a new development. 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. Councilmember Cross asked if any residents opposed this proposal. Mr. Schmid replied he was not aware of any. 12. 24-964 Presentation and discussion of case P-24-64-PZ, a proposed rezoning of the north half of Parcel 10 1-20-008A, 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. Nicholas Leftwich presented the following: 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. Staff reports and exhibits were presented to the Planning and Zoning Comission at this meeting as well as a petition of support signed by neighbors to the subject property. 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. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes December 3,2024 Councilmember concerns included: how long have the requestors owned the parcel, clarification on the proposal, location of the apartment and if they are city residents. Mr. Leftwich responded to concerns. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Steve Kitzman, 1832 W. Shiprock Street, Apache Junction, expressed his concerns about wild birds being fed in the community and encouraged the Council to approve an Ordinance to stop this practice. Catherine Meek, 1327 S. Belair Road, Apache Junction, shared several events that are coming up at the Superstition Mountain Museum this month. Donna Carr, 2178 W. Virginia Street, Apache Junction, stated Public Works has not returned to her home to clean up an easement like they stated they would and she also advertised a local tortilla store. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:36 p.m. ACCEPTED THIS DAY OF 2024, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2024. WALTER"CHIP"WILSON Mayor ATTEST: EVIE MCKINNEY Acting City Clerk City of Apache Junction,Arizona Page 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 24-952 Sponsor: Raquel Schatz Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 24-37, a Federally Patented Easement(FPE) Extinguishment of Chaparral Road (alignment)from Scenic Street to Virginia Street 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 1211212024 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 I I- e A�16 AV� Home of the Superstition Mountains .......P1 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 ERE 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, tinder A.R.S. § 9-500.24 the city has notified and obtained consent of utility providers; and WHEREAS, on October Ist, 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 mini'mis 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 f Ind 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, W I A LTEk """"CHIP"" W'ILSON Mayor ATTEST: EVIE MCKINNEY Deputy City Clerk APPROVED AS TO FORM: -10.4eAl RICHARD J. STERN City Attorney RESOLUTION NO. 24-37 PAGE 2 OF 4 EXHIBIT A PARCEL 1 di ,EARCEL��acent 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 ?__(Adjac�. arcel 103-03-032B) �_heWest thirty-three feet (331 ) 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, Final County, Arizona; EXCEPT the South thirty-three feet (33' ) THEREOF; RESOLUTION NO. 24-37 PAGE 3 OF 4 EXHIBIT "B" 023D oo 032B 0 - - ------------------------- ---L— —STREET- 0 0 01i I QAQ w ol 0- ol 3:1 Ico —661 - LEGEND TIN R8E S22 '533' P33' 2 '4 36 PROPOSED EXTINGUISHMENT PREVIOUSLY EXTINGUISHED 33' 3XT r DEDICATED RIGHT—OF—WAY (TO REMAIN) ___ t- - ROAD CENTERLINE TYPICAL FPEJROW DIMENSION FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 24-37 119-om PATENT DEED(S) PAGE 4 OF 4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-953 Sponsor:Ted Wolff Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Consideration of approval of agreement with Gruber Power Services for the removal and replacement of a 1 OOOAMP 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 1211212024 City of Apache Junction Home of the Siperstition Mountains DATF- NOVEMBER 18, 2024 TO: MAYORAND CITY COUNCIL MEMBERS THFZO UG H: BRYA NT PO WR 1 , C ITY M A NAG ER FROM: TED WO LFF, PUBLIC WO RKS D IREC TO R SUBJECT A G REEM ENT FO R G RUBER PO WER SERV IC ES Staff respectfully requeststhe mayor and city council consider a proposal to enter into an agreement with Gruber Power Servicesforthe purpose of replacing the 1,000 AMP Main Service Switchboard located at the Library. -rhisscope of workwill include the demolition and removal of the existing 1000AMP DB- SESDistribution Panel Board and replacing with a new 3-Phase, 4-Wire, 120/24OVolt, 1000AMP, Exterior NEMA12 Enclosure. Bectrical engineering, permit, and weekend overtime labor is included. Staff recommend sentering into a contractwith Gruber Power Sqrvicesavaila ble through the State of Arizona Cooperative Contract Number CTFZ063425 in an amount not to exceed $296,689.30 which includesa 10%contingency fee. 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 APACHE JUNCTION an Arizona municipal corporation ("City"), and GRUBER POWER SERVISES, an Arizona corporation ("Contractor"), sometimes collectively referred to as the"Parties" or individually as the"Party". RECIIALS 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 PLocedures, or such work is categorically exempt from such process. AG_REEMENT 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: I. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be donii-and performed in a good workmanlike manner, the Work in accordance with Exhibit A. 2. RAYMENTS & 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 ($269,717.56) (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 30, 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 Oocuments� 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 AND2Q1UqALL1[TjYKD0fU�: 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. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of 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 2 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. allBCONTRACTORS: 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 be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition In this Agreement, It is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court In such action, 15. LNSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duty 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. 5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the Insurance policies to protect City, The insurance policies, except Workers' Compensation, shall contain 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 (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The Insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. Commercial General Uabilitv Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall Include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093,or the equivalent thereof. Such policy shall contain a severability of Interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. 6 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, 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 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 $eq. 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 insurer(s), 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(30)calendar days' prior written notice to City, 16. g_HANGEORDERS: 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, SUCCESSOR$ 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 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 DAMA_GES: 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. PAYM.ENT & PERFORM NCE BONDS: City shall have the right to ��_A�� require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 9 21. 1AFETY: 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. EORCE 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. TIE_RMINATION 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 falls 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 AgRELEMENT: 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. gSiEVERABILITY: 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. jIME 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. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31. PROHIBITION TO COMTRACTW.ITHCONT R_AC T_®R S _WH 0 ENGA The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, 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. 32. CERTIFICATION PURSUANT TO A.WS. 4 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 does 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. COMPLIAL4�!,E WITH FEDERAL AND STATE-jAWS: 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. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program, A breach of this warranty shall be deemed a material breach of the Agreement that Is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 2748 of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.$. § 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. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of _A4jaoj6��, 20A CONTRACTOR: GRUBER TECHNICAL INC., an Arizona corporation Its: 13 Q—TY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Its:,M or ATTEST: City Clerk APPROVED AS TO FORM: ,t--�12-12,,21t Richard J. Stern City Attorney 14 STATE OF )ss. COUNTY OF Mudtdp& ) The foregoing was subscribed and sworn to before me this day of 20a3 by%ai:*!,&�� asAA���� of Gruber Power Services, an Arizona Corporation. M� My Commission Expires: omARK SCHAEFFNER ry Public,State of Arizona mancopa County otmniselon 0 645654 y Commission Expires Me 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: Is EXHLBMA 16 Gruber Power services CeNcei Flow$00cW115ft August29.207A Subject.City Of Apache Junction-Public Mtaty Presented Tw.Larry Daveiff,Facilities Maintenance Supervisor-City of Apachelunchon We ate pleased to submit our proposal to replace-MainService Switchboard IOOOA for Apachojunction Uhrary. IMADIUMIl •Vamogeonrve Existing IOOOAMP DS-SEWDIstribution Panel Board. •Replace 08-SES/Distribution Panel Board. •3-pbw,4-WIM UO/24OVolt,1000AMP,Exterior NEMA12 Enclosure, Permit/Generat Conditions. provide Engineering at Stamped Plam Plan-check,permits and Inspections, Ptovidt CAD Drawinp. Weekend Overtima tabor Included. Ex4clustorm Existing Concrete Pad Replacement, Pre-existinstodevtolaflom Bonds of any typa� o-lonot not Included In out Scope*(Work. Total....... ..----............. ..... $269,717s$ is inouths) "I 01"At'14%"emelon 00diftolhtft.ore fetlWo'd at dw d"Wof order p1wtMeot(if"N AvAly 4"(W Wilh cwtw Pam* (ot aox imot I%-*rplkd Otcr iovaldo& Quo*Provided Dr. �W& &Ww4w JustlaRrouvatowl Grober1lowerSeMers, lAccounlManeger rhone:4800458-MA14t C*11:+4804801661 For,4623-879-MI1 Welssite, I Address:�1439 N.2nd Ave,Phoenix,AZ 86027 Business Hours I Mond�y-Friday 7 am-4 put I 4, FIF BACKGROUND •THE SERVICE ENTRANCE SECTION (SES) IS THE BRAIN OF THE ELECTRICAL DISTRIBUTION SYSTEM OF A BUILDING. •DISTRIBUTION BOARD 1 SES (DB1-SES) IS ORIGINAL TO LIBRARY (1986) AND PARTS ARE NOW OBSOLETE. 4%1'�'��j �A';ST� I m A DA ml f CT & RISK RY IS A VALUABLE ASSET TO THE COMMUNITY 'A T"HE' ,'# "'JlIBRA -- w JTH, ANAVERAGE OF OVER 19,,000 VISITS PER MONTH . E' ,,' EQUIPMENT FAILURE COULD DISRUPT J �� AN ` U TICINAL'I'TY FOR UP TO THREE MONTHS DUE TO LONG NC L EAD,,",T,I,M,,ES OF A ' REPLACEMENT ORDER, � 7EMPORARY''PCIWER (SUCH AS A GENERATOR) NOT � FEAS[BLE' DUf TO COST AND LOGISTICS ESTIMATED SCHEDULE •WORK SHOULD BE COMPLETED WITHIN 36 HOURS. •WORK WILL START ON A SATURDAY AT 6PM AND BE COMPLETED BY MONDAY MORNING AT 6AM. •A COMMUNICATION PLAN WILL BE DEVELOPED BETWEEN FACILITIES AND LIBRARY LEADERSHIP TO INFORM PUBLIC OF SHUTDOWN AND OF ANY POSSIBLE DELAYS IN RE-ENERGIZING THE BUILDING. STAFF RECOMMENDATION •REPLACE DB-1 SES AS SOON AS POSSIBLE. •A REPLACEMENT QUOTE HAS BEEN OBTAINED AND THE COSTS ARE WITHIN PUBLIC WORKS’ GENERAL FUND APPROVED BUDGET IN FY25. QUESTIONS? City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 24-829 Sponsor: Chip Wilson Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1211212024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-834 Sponsor: Bryant Powell Agenda Date: 12/17/2024 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1211212024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-839 Sponsor: Eli Richardson Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 1211212024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 24-968 Sponsor: Evie McKinney Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Consideration of application for a new Series 10 Beer and Wine Store liquor license for ARCO AM PM located at 745 S. Ironwood Drive, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 1211212024 0 City of Apache Junction ,zo Home of the Superstition Mountains December 17, 2024 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 10 BEER AND WINE STORE LIQUOR LICENSE FOR ARCO AM PM An application for a Series 10 Beer and Wine Store Liquor License has been submitted by Jamal Abdallah for ARCO AM PM, located at 745 S. Ironwood Drive, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on November 14, 2024, and the Apache Junction City Clerk's Office received the application from them the same day. The applicant was notified by a first-class letter and e-mail of the public hearing and was encouraged to attend to address any questions council may have. A Notice of Public Hearing was posted at the establishment on November 26, 2024, to comply with state law requirements. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. Comments received from Development Services and the Fire District included this establishment is still under construction but close to final inspection, which will corroborate building code compliance in order to obtain a Certificate of Occupancy. Also noted is that this property is properly zoned B-1 Commercial and does meet the separation requirement from any school. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application. 300 E. Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)474-5092 www,apachejunctionaz.gov Redacted State of Arizona Department of Liquor Licenses and Control Created I I/14/2024 @ 03:3 8:19 PM Local Goveming Body Report LICENSE Number: Type: 010 BEER AND WINE STORE Narne: ARCO AM PM State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 745 S IRONWOOD DRIVE APACHE JUNCTION,AZ 85210 USA Mailing Address: 1090 W 5TH STREET TEMPE,AZ 85281 USA Phone: (602)689-0279 Alt.Phone: Email: ESSAJ2(&,GMAIL.COM AGENT Name: JAMAL ESSA ABDALLAH Gender: Male Correspondence Address: 1090 W 5TH STREET TEMPE,AZ 85281 USA Phone: (602)689-0279 Alt.Phone: Email: ESSAJ2(�,)GMAIL.COM OWNER Name: IRONWOOD AND BROADWAY 7 LLC Contact Name: JAMAL ESSA ABGALLAH Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23614729 State of Incorporation: AZ Incorporation Date: 12/07/2023 Correspondence Address: 1090 W 5TH STREET TEMPE,AZ 85281 USA Phone: (602)689-0279 Alt.Phone: (480)206-0313 Email: ESSAJ2gGMAIL.COM Officers/Stockholders Page I of 3 Name: Title: %Interest: ZUHAIR ESSA AL-HAIG Member 50.00 JAMAL ESSA ABDALLAH Member 50.00 IRONWOOD AND BROADWAY 7 LLC - Member Name: ZUHAIR ESSA AL-HAIG Gender: Male Correspondence Address: 1090 W 5TH STREET TEMPE,AZ 85281 USA Phone: (480)206-0313 Alt.Phone: (602)374-6666 Email: A1145Q(0,A0L.00M IRONWOOD AND BROADWAY 7 LLC - Member Name: JAMAL ESSA ABDALLAH Gender: Male Correspondence Address: 1090 W 5TH STREET TEMPE,AZ 85281 USA Phone: (602)689-0279 Alt.Phone: (480)206-0313 Email: ESSAJ2gGMAIL.COM Page 2 of 3 APPLICATION INFORMATION Application Number: 312243 Application Type: New Application Created Date: 10/03/2024 QUESTIONS & ANSWERS 010 Beer and Wine Store 1) Are you applying for an Interim Permit(INP)? No 2) Provide name,address,and distance of nearest school. (If less than one(I)mile note footage) THE EARLY LEARNING CENTER 550 S IRONWOOD DRAPACHE JUNCTIONAZ 85210 598FEET 3) Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company OWNER 4) Is there a penalty if lease is not fulfilled? No 5) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 6) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. 0 7) Are there walk-up or drive-through windows on the premises? No 8) Does the establishment have a patio? No 9) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? Yes If yes,what is your estimated completion date? 12/30/2024 Page 3 of 3 FM . ........ 00 OWN 00 0 ell\ 111to A� lk L�L Ul L L I L.1 1 L-1 L-1 L-1 f 1z, oj of ---------- ............. --------rl- APACHE JUNCTION ARCO STATION AND CAR WASH r4 F-C i OACMWAY AVE Yvette McKinney From: DennySa|danu Sent: Friday, November 29' 2O2412:O1 PM To: Yvette McKinney Subject; Re: AR[OAK4 PM New Liquor License The Apache Junction Police Department has no issues with this application. [}3nOyS8id3O3 ])@lIielSa}[f@fi@ Lieutenant Apache Junction Police 480-474-2629 dS8}d@D8@ap8C}le'UDCti0D@z.g0\/ Sent from Dl}/{Ph0De From:Yvette McKinney<mckinney@upachcjunctionaz.Qov> Sent:Tuesday, November 26, 2U2411:34:59AM To: Danny 5o|dana<dsa|dana@apache]unctionaz.8ov» Subject:ARC0AMPK4 New Liquor License Good Morning Lt5e|dana, The City Clerk's office has received the attached Series 010 Beer and Wine Store liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday, December 3, 2024, in order for this item to be on the December 1.7, 2024, City Council meeting. Thankyou, Evie McKinney Ext5UG1 City Of Apache Junction 300 F. SUper3fitiOn Blvd. Apache Junction, /\7 85114 City Hall Hours of Operation 7AM - 6PM, Monday through Thursday, closed Fridays, This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public 1 records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. Yvette McKinney From: Adrian Alegria Sent: Tuesday, November 26, 2024 2:28 PM To: Yvette McKinney Cc: Donna Scruggs; Dana Martin;Tina Gerola; Richard Mooney; Rudy Esquivias Subject: RE:ARCO AM PM New Liquor License Evie, ARCO AM PM convenience store, car wash and gas station are under construction and close to call for the final building inspection which will corroborate building code compliance in order to obtain a certificate of occupancy. The Building Safety and Inspections Division has no building-related objections to the Series 010 Beer and Wine Store liquor license. Thank you, Adrian Allegiria Building and Safety Manager/ Building Official Development Services/ Building Safety and Inspections Division City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5494 aaIeqrJa@aRacheLunctionaz.qov Building Safety and Inspections Division office hours: Monday through Thursday from 7:00arn —6:00pm, Closed on Fridays ASPy.. 1-VA N.-- 7%. Ell I lit ScZln V�o QR Cofll�,�0 01(wlae CwSWM(,'1 S&Vlel'ffedo,�,Zk� From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Tuesday, November 26, 2024 11:32 AM To:Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc: Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject:ARCO AM PM New Liquor License Good Morning, The City Clerk's office has received the attached Series 010 Beer and Wine Store liquor license application. I Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday, December 5, 2024, in order for this item to be on the December '17, 2024, City Council meeting. Thankyou, Evie McKinney mcl<inney@apac[iejunct�onaz.gov Ext 5061 City Of Apache Junction 300 E. Superstition Blvd, Apache Junction, AZ 85119 City Hall Hours of Operation 7AM — 6PM, Monday thl-OUgh Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Low, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Yvette McKinney From: Rudy Esquivias Sent: Tuesday, November 26, 2024 4:21 PM To: Yvette McKinney;Tina Gerola; Richard Mooney;Adrian Alegria Cc: Donna Scruggs; Dana Martin Subject: RE:ARCO AM PM New Liquor License Evie: The property is still under construction, but there are no zoning-retated objections to the ARCO convenience store selling Liquor once they open. The property is properly zoned B-1 Commercial, and the building meets separation requirements from any schooLs. c&4 �Es?uivia.6 Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resqiiivias@a.pachejunc-tionaz .gov (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) *am am #40 1:6 L- ,*M* a , * *1 Wei 44 Is Is I"y * A%* # "Tow t* Scan the QR Code to provide customer service feedback! From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Tuesday, November 26, 2024 11:32 AM To:Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc: Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject:ARCO AM PM New Liquor License Good Morning, The City Clerk's office has received the attached Series 010 Beer and Wine Store liquor license application. I Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday, December 5, 2024, in order for this item to be on the December '17, 2024, City Council meeting. Thankyou, Evie McKinney mcl<inney@apac[iejunct�onaz.gov Ext 5061 City Of Apache Junction 300 E. Superstition Blvd, Apache Junction, AZ 85119 City Hall Hours of Operation 7AM — 6PM, Monday thl-OUgh Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Low, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Yvette McKinney From: Tina Gerola <Tina.Gerola@sfmd.az.gov> Sent: Tuesday, November 26, 2024 3:18 PM To: Yvette McKinney; Richard Mooney; Rudy Esquivias; Adrian Alegria Cc: Donna Scruggs; Dana Martin Subject: RE: [External] ARCO AM PM New Liquor License Good afternoon. This is still in construction phase, however, the SFMD recommends approval of the liquor license appLication. Thank you. Tina Gerola I Deputy Fire Marshal Superstition Fire & Medical District Office 1 (480) 982-4440 ext. 104 Mobile � (480)416-9775 Website � �if�md.az�. ov From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Tuesday, November 26, 2024 11:36 AM To:Tina Gerola<Tina.Gerola@sfmd.az.gov>; Richard Mooney<Richard.Mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc: Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: RE:ARCO AM PM New Liquor License My apologies on the date: PLease submit your department recommendations to me by noon,Tuesday, December 3, 2024. Thankyou, Evie McKinney mckinney@apachejunctionaz.gov (480)474-5061 From:Yvette McKinney Sent:Tuesday, November 26, 2024 11:32 AM To:tinageroIa@sfmdazE_qv; Richard Mooney<richard.moong, x�5frnd.azgcLv>; Rudy Esquivias _yjK <Lgs ivias@apache Lfiqn z.ggv>;Adrian Alegria <aalegrLajai achfi�Lqctiq goy> q2L___ _ —.-- _ _pi__ __qgZ_ _ Cc: Donna Scruggs<�Ls��s @�agche unctio z.p >; Dana Martin<�[martin a ache' nctionag.L v> J�___ng_ qv Q— Subject:ARCO AM PM New Liquor License Good Morning, The City Clerk's office has received the attached Series 010 Beer and Wine Store liquor license application. I Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday, December 5, 2024, in order for this item to be on the December '17, 2024, City Council meeting. Thankyou, Evie McKinney mcl<inney@apac[iejunct�onaz.gov Ext 5061 City Of Apache Junction 300 E. Superstition Blvd, Apache Junction, AZ 85119 City Hall Hours of Operation 7AM — 6PM, Monday thl-OUgh Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Low, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 24-972 Sponsor: Nicholas Leftwich Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No. 1560, 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 1211212024 City ofApache Junction 7 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) Summar 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& Zonin(g-Building& Sqfcty Revenue Dei�elopment 300 E. 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 2 n' 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"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. PROPOSA.LS 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 ZoninglSite 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 4 1h Avenue. The applicant' s AJ Apartments leasing office is also located here at the northeast corner of Winchester Road and 4 th Avenue. Further south are "B-1" General Commercial properties with Hope' s Boarding Camp (a kennel & dog boarding facility) and Bishop' s 2 "2"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. ............. 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 10 'JI t Vq R 0 LEGEND 0 Downtown Planning Area General Plan 2020 Land Use Floodplain Overlay Downtown Mixed Use Conservation(I DU/AC) commercial Low Density Residential(I DU/1,25 AC) Publirdinstitutionat Medium Density Residential(10 DUIAC Max) Transportation High Density Residential(40 DUIAC 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 "2n'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 2 nd 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. 2 ND Avenue Street and S. Colt Road. Prepared by Nick Leftwich Planner Attacbments: 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' -Parcel #10 1-20-008A 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 Vicinity Map 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 . V "10 RM-2 M ............ Mlvv,,� ............. B-I MHP Subject Sites 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 M u Iti-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@apacheiunctionaz.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 off ice@aiapartments.com 480-437-4964 Public Participation Report To gauge neighborhood thoughts to the rezoning request, letters were mailed to all property owners within 300 ft of the property and a neighborhood meeting was held on Wednesday, October 23, 2024, at the Apache Junction Multigenerational Center. One property owner attended the meeting, Justin Miller(120 S. Colt Rd)attended the meeting and is in support of the rezoning request. He stated he had also spoken with the surrounding neighbors on Colt Rd, 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 North half of the property is a 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 existing multi-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... "UNTY PINAL C0 Development Services Zoniog Codos .................. ............................. . ....................... ................. 777771 ................................................ ..................................................................................T 400,11 A Find address or place F7 .........................T .......... 1,101 1,A)2 1*4, ----------- r ......................... .................. .......................... 5"?1 2,46M ............. -012M,00 I to 1 0001,54 J1 VA 16i , �v%I,z 0 7 01 c"I 2i I,C6,t,icT AW'f2`X)4?A`,�,,, 414 03 Public Notification VI 1)1 VIIIN101411,111141C I .......... 2 55 IN Select or search for a feature in the map J 011 1200,11,140 M/ W,9 A ............ Apply a search distance 7, 5a, WE" 300 Feet .. ....... Addressee Layer Property Mail �p" 2,2(5 40 Format 7 T PDF label 1 x 2-5/8 inches, 30 per page ir,$we 2, Afti 21 addressees found; do you want to continue? -10 ...... ..... I 5�f N, 1,"tX),14b 'j 'I 4A: A,!; -111.533457 33.412737 Degrees 10 00ft I LILA I of 1 7/9/24, 1:51 PM As a Property owner of an adjacent parcel to 101-20-008A that is the subject of Case P-24-64- PZ, I/we are in support of the proposed rezoning of the North half of the parcel from High Density Multiple-Family Residential(RM-2)to General Rural Low Density Single-Family Detached Residential(RS-GR)for the personal residence of'rim&Krist!Sheahan, owners of AJ Apartments. Q-,,44 r\ I- AW� S_ 1K</J C-0 Kd a �J C 4- to -Z Nam d 'o I Name- Aft '91 ".M!"o, At Ali AL a As ............ a UP V 4 v6t, A" "ve IV F11" d"W md 71 d,� A%, I Win "Q W1, H QQ Q W-mm"W, 1A A -A NoW, ? �l! RP f Ps, TON, 'Tra ri a ymaij corn ........... C Conservator, ,(I DLJ/AQ Low De n s'ty R,es�d e nt a DI U 1 2 5 AC) Mllled'�;m Density Resider, :'al (H) EDU!AC Pvlay) H, 9�1, Ders'ty Res'dent'al ,,40 DU/AC Max) Dowr�own, Mixed Use Ml a ste r a n n e cd C o rr ni u r�,�y 12 0 D U,'AC M a x'j Commercial' 0 ­1` bar W oil Light Park and IndUstAl Ps�;6 1 i cllln stint ona I 70 Open Space. and Recnsat'o,,,­,, a Drivewa, MMM, 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, ....... .......... V IMF J, 'k, . ........ "U"If Questions IN NO, A ol , ull 4 '21 "N"M ORDINANCE NO, 1560 AN ORDINANCE OF' THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE P-24-64-PZ, A REQUEST BY TIM AND KRISTI SHEAHAN, FROM HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ("RM-2") TO GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property is generally located at the southwest corner of Colt Road and 20d Avenue in Section 21; and WHEREAS, on November 12, 2024, the Apache Junction planning and zoning commission recomiended in a vote of 4 :2 to deny rezoning case No. P-24-64-PZ to city council; and WHEREAS, pursuant to A. R. S. § 9-462. 01 (J) , the city couricil, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A. R. S. § 9-462. 01 (1) . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The zoning district classification on the zoning district map for the land legally described as: The North half of the East half of the Southwest quarter of the Northeast quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the North and East 33 Feet as conveyed to the City of Apache Junction in instrument recorded in Docket 1233, Page 292 . ORDINANCE NO. 1560 PAGE I OF 3 be and hereby is amended from High Density Multiple-Family Residential ("RM-2"') to General Rural Low Density Single-Family Detached Residential (%%RS-GR") 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 �k Code, Volume ii, Land _pev Chapter 1 : 'K� Ordinance, Article 1--16: Administration, Section 1-16- 6 (H) (1) (b) . 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. 2,,d Avenue Street and S. Colt Road. SECTION II REPEALING ANY CONFLICTING PROVISIONS All. ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, ciause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional, by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1560 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF ----f 2024 . SIGNED AND ATTESTED TO THIS DAY OF 2024 . --'WKLTER "CHIP" HSON Mayor ATTEST: EVIE MCKINNEY Acting City Clerk APPROVED AS TO FORM: -5it- (/Z-�2-- z4 id�4A JOEL STERN City Attorney ORDINANCE NO. 1560 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-973 Sponsor: Liz Langenbach Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Presentation, discussion, and possible consideration of rejection of proposals for Prospector Park drainage improvements, RF[3#P&R PP Drainage 2024-007, due to being over budget. City of Apache Junction,Arizona Page 1 Printed on 1211212024 City of Apache Junction Home of the Superstition Mountains DATE: DECEMBER 17,2024 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: LIZ LANGENBACH, DIRECTOR PARKS&RECREATION SUBJECT: REJECTION OF PROPOSALS FOR PROSPECTOR PARK DRAINAGE IMPROVEMENTS RFB#P&R PP DRAINAGE 2024-007 On October 19,2024,the city issued a Requestfor Bid for drainage improvements.On November 13, 2024, the city received seven responses: Pacific West LLC, Neve LLC, Primary Construction, Inc., Scholz Contracting LLC, W.W. Clyde & Co., Red Point Contracting, Degan Construction. Staff reviewed the responses and found that all the vendors were over budget. Recommendation Staff respectfully request to reject all responses for RFB #P&R PP Drainage 2024-007 and go back out for bids. PARKS & RECREATION *Lr..j1e:;cem,b0kr 17 , 2024 1 0, . ....... ;71 J1, 4N 0 kA J, "211 3 l'i MM' mi Ji PROSPECTOR PARK DRAINAGE REVISION PRO.IECT rea Ow All 41, HAI "got REQUEST FOR BID # P & R PP DRAINAGE 2024 " 007 Posted October 19th , and Opened November 13th City received 7 bidders Pacific West LLC $ 949, 144 . 00 Neve LLC $ 5971449 , 00 Primary Construction Inc . $ 551, 982 . 70 Scholz Contracting LLC $ 7261267 . 00_ W.W. Clyde & Co . $ 7701917 , 00_ Red Point Contracting $ 919, 605 . 50 Degan Construction $ 744, 519 , 00 *All bids were over-budget ( FY25 Budget: $300,000) STAFF RECOMMENDATION : Staff recommends rejection of all bids, due to being over budget . If bids are rejected , staff wilt work with the project engineer and public works to value - engineer the project to a more manageable budget and re - bid in the future . IUESTI NS?o , �11,'��-'�:�11�1,1�:l ''"A"J" 2M ............. Ig �ee uIll A ii lat 3f AN, "'i a tl Ila City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 24-982 Sponsor: Evie McKinney Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Discussion and consideration of Resolution No. 24-42, approving the incorporation of a corrected legal description of the district boundaries of Superstition Vistas Community Facilities District No. 2 in the First Amendment to the Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement to which the City is a party. City of Apache Junction,Arizona Page 1 Printed on 1211212024 RESOLUTION NO. 24-42 A RESOLUTION OF THE MAYOa AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONFIRMING PRIOR APPROVAL OF THE FIRST AMENDMENT TO AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2, APPROVING THE CORRECTED LEGAL DESCRIPTION OF DISTRICT BOUNDARIES, AND AUTHORIZING OTHER ACTIONS IN FURTHERANCE OF THIS RESOLUTION WHETHER HERETOFORE OR HEREAFTER TAKEN. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I FINDINGS The mayor and city council hereby make the following findings : A. On December 19, 2023, the Superstition Vistas Community Facilities District No. 2 (the "District"') granted a petition requesting the deletion of an area from the boundaries of the District (the "Deleted Area,") pursuant to Sections 48-707 . F and 48-714, Arizona Revised Statutes . In connection with the deletion of the Deleted Area, Brookfield Homes Holdings, LLC ("'Brookfield") and Brookfield ASLD 8500, LLC ("'Brookfield ASLD") requested the execution and delivery of the First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement (the "First Amendment to CFD Development Agreement"') . B. On December 19, 2023, the mayor and council of the City, adopted Resolution No. 23-40 which, among other things, approved and authorized the execution and delivery of the First Amendment to CFD Development Agreement. RESOLUTION NO. 24-42 PAGE I OF 4 C� The City, District, Brookfield and Brookfield ASLD executed and delivered the First Amendment to CFD Development Agreement, recorded as Fee No. 2024-005632 in the official records of Pinal County, Arizona. D. Subsequent to the recording of the First Amendment to CFD Development Agreement it was determined by the Pinal County Assessor there were errors in the legal description of the Deleted Area provided by Brookfield ASLD, and Brookfield ASLD subsequently corrected the legal description of the boundaries of the District and the First Amendment to CFD Development Agreement was re- recorded in October 2024 as Fee No. 2024-082869 in the official records of Pinal County, Arizona, all as approved by Resolution No. 24-34 adopted by the mayor and city council of the City on October 15, 2024 . E. In accordance with an additional request of the Final County Assessor in November 2024, Brookfield ASLD made an additional correction to the legal description of the boundaries of the District. SECTION II CONFIRMING PRIOR APPROVAL OF FIRST AMENDMENT TO CFD DEVELOPMENT AGREEMENT AND APPROVAL OF CORRECTED LEGAL DESCRIPTION The prior approval of the First Amendment to CFD Development Agreement is hereby confirmed and incorporation of the corrected legal description attached hereto as Exhibit A as if it was originally part of the First Amendment to CFD Development Agreement is approved. SECTION III RATIFICATION AND AUTHORIZATION A. Resolution No. 23-40, Resolution No. 24-34 and all. things done arising therefrom are hereby ratified and confirmed in all other respects. B. All actions of the mayor and council of the City, the manager of the City, the acting clerk of the City, the finance director of the City, and the City attorney of the City, or the designees of any of them, whether heretofore or hereafter taken, in furtherance of this resolution and pertaining to the approval of the corrected legal description of the District boundaries, are hereby ratified, confirmed, authorized and approved. RESOLUTION NO. 24-42 PAGE 2 OF 4 SECTION IV EFFECT OF RESOLUTION A. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any remaining provisions of this resolution. The mayor and council of the City hereby declares that it would have adopted this resolution and each and every other section, paragraph, clause or provision hereof and authorized the approval of the corrected legal description of the District boundaries and confirmed approval of the First Amendment to CFD Development Agreement pursuant hereto irrespective of the fact that any one or more sections, paragraphs, clauses or provisions may be held to be invalid, illegal or unenforceable. B. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. RESOLUTION NO. 24-42 PAGE 3 OF 4 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF DECEMBER, 2024 . SIGNED AND ATTESTED TO THIS DAY OF 1 2024 . WALTER "'CHIP"" WILSON Mayor ATTEST: YVETTE MCKINNEY Acting City Clerk APPROVED AS TO FORM: '�iCHik" D JOEL STERN City Attorney RESOLUTION NO. 24-42 PAGE 4 OF 4 EXHIBIT A CFD DE5CRIPTION THAT �',ORTTON OF SECTION �7, SE,,,TION 20, 1HE SOUTH HALF OF SECION 18 AND THE NORTH HALF OF SECTION 19, To'�NISHP I SOUTH, RANGE 8 EAST OF THE CILA AND SALT RIVER MERIDIAN, PRIAL COUNTY, ARIZONA, MORE PARTICULARLY OESCRIBED AS FCLLOVIS� BECINNING AT A PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND FlOff MARKING THE WEST (CJARTER CORNER OF SAID SECTION 20, FROM WHICH A PINAt COUNTY PUBLIC WORKS DEPARP0ENT BRASS CAP IN HAND HOLE MARKING, THE NORTHWEST CORNER THEREOF BEARS NORTH 0'17'35' MEST, A DISTANCE OF 2641,12 FEET, THENCE NORTH 0'17'35' WEST, ALONG THE %EST LINE OF THE NORTHWEST OUARTER OF SAID SECTION 20, A DISTANCE OF 2641.12 FEET TO SAID NORTHWEST CORNER; THENCE SOUTH 89'46'31" WEST� ALONG THE SOUTH LINE OF SECTION 18, A DISTANCE OF 500.00 FEET TO K BEGINNING OF A CURVE TO THE LEFT HAANG A RADIUS OF 2500.00 FEET, A CENTRAL ANGLE OF 271','W06", AND A CHORD THAT BEARS SOAH 78'18'58* VEST, 993,35 FEET. THENCE ALONG SAID CURVE, A DISTANCE OF 1000.00 FEET: THENCE SOQTH 66'51'25' WEST, A DISTANCE OF 540.51 FEET TO THE BEGINNIN"'� CF A CURVE TO THE RIGHT HA\4NC A RADIUS OF 3000,00 FEET, A CENTRAL ANGLE OF 30*39'58^, ADD A CHORD THAT BEARS F"TH 82'11'24' REST, 1,586,58 FEET, THENCE ALOING SAID CURVE, A DISTANCE OF 1605,68 FEET; THENCE NORTH 8228*36* 'AST, A DISTANCE OF 583.29 FEET; THENCE NORTH 53'29'13' EAST, A CISTANCE OF 910.07 FEET TO A POINT ON THE SOUTH UNE OF SAID SECTION 18; THENCE NORTH 53*29'26* EAST, A DISTANCE OF 4200.33 FEET TO A P014T ON THE WEST LINE OF THE SOUTHAEST OUARTER OF SECTION 17, THENCE NORTH 0'17'10' AEST, ALONC SAID %EST LINE, A DISTANCE OF 155,64 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 0'13'51,' WEST, ALONG THE WEST UNE OF THE NORTHWEST OUARIER OF SAID SECTION 17, A DISTANCE OF 2639,88 FEET 10 NORTHWEST CORNER TWRECR THENCE NORTH 89*4f',,,*04' EAST. ALONG THE NORTH LINE OF THE NORTI-DNEST WARTER OF SAID SECTION 17, A DISTANCE OF 2642.33 FEET TO THE NORTH 0,�ARTER CORNER THERECF; THENCE NORTH 8947'06' EAST, ALONG THE NOR71-1 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 33,50 FEET; THENCE SOUTH 0'16'32' EAST� A DISTANCE OF 830,28 FEET; THENCE NORTH 53*27'53" EAST, A DISTANCE OF 1401.79 FEET IE E TO A POINT ON 'THE NORTH LINE OF THE NORTHEAST OUARTER f4r, ' A OF SAID SECTION' 17; 1;/i/2'0:24� THENCE NORTH 89*47'06' EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1480,06 FEET TO THE NORTHEAST CORNER OF SAID SECTION' 17; M�6 )),SUNRISE THENCE SOUTH 0'17'17' EAST, AL014G THE EAST LINE OF SAID ENGINEERING NORIHEAST QUARTER, A DISTANCE OF 2641.26 FEET TO THE 2"s SCW4 VINV"c$WTI lot EAST WARTED CORNER OF SAID SEC71ON 17� W-SA�Amom 05210' SHEET 1 OF 5 TCLAAO,760�"W RESOLUTION NO. 24-42 EXHIBIT A PAGE 1 OF 5 CFD DESCRIP11ON THENCE SOUTH 0'17*38' EASL ALONG THE EAST LINE OF THE SOUTHEAST OUARTER OF SAID SECT01 17� A DISTANCE OF 264138 FEET TO THE SOUTHEAST CORNER THEREOF, THENCE SOUTH D'16'25" EAST, ALONG IHE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 20, A DISTANCE OF 2640,89 FEET TO THE EAST QUARTER CORNER THEREOF; THENCE SOUTH 0'15'30' EAST, ALONG THE EAST LINE OF THE SOUTHEAST OUARTER CF SAID SECTKIN' 20, A DISTANCE OF 2641.53 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 20; THENCE SOUTH 89'46'59' WEST. ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 264137 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 20-1 THENCE SOUTH 89*48'18* WEST, ALONG THE SOUTH UNE OF M SOUTWWST OUARTER OF SAID SECnoN 20, A DISTANCE OF 2643 78 FEET TO THE SOUTHAEST CORNER THEREOF, THENCE NORTH 01"'01" WEST ALONG THE WEST LINE OF SAID SOUVAEST QUARTER, A DISTANCE CF I 2640.28 FEET TO THE POINT OF BEGINNING, EXCEPT PARCEL "A" OF THE FINAL PLAT FOR PHASE 5 COMMERCIAL, RECORDED ON FEE NUMBER 2024-061060, PINAL COUNTY RECORDS: EXCEPT PARCEL "A" OF THE FINAL PLAT FOR PHASE 3 COMMERCIAL, RECORDED ON FEE NUMBER 2024-06106% PINAL COUNTY RECORDS, AND EXCEPT PARCEL "li, 12, 13 & 14" OF THE FINAL PLAT FOR BLOSSOM ROCK PHASE 1, RECORDED ON FEE NUMBER 2022-084918, PINAL COUNTY RECORDS, CONTA114S 57166135 SQUARE FEET OR 1312.3539 ACRES OF LAND, MORE OR LESS, SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO. JE E SUNRISE ENGINEERING ws som wfayAOLD'swn 101 SHEET 2 OF 5 46W W-Aw�fu""v can RESOLUTION NO. 24-42 EXHIBIT A PAGE 2 OF 5 EXHIBIT "A" NORTHEAST CORNER SEC 17 TIS, R8E G&SRM FOUND 3" BRASS CAP FLUSH IE E NORTHWEST CORNER STAMPED "LS 35306" 1�� SEC 17 TIS, RBE G&SRM NORTHEAST CORNER FOUND PINAL COUNTY SEC 17 TlS, ME G&SRM -1.9 HIGHWAY DEPARTMENT FOUND CLO 1914 BRASS CAP L10 BRASS CAP L8 L12 ELLIOT AVENUE EAST 1/4 CORNER (ALIGNMENT) SEC 17 TI S, R8E G&SWA VIEST OUARTER CORNER FOUNO 2* GLO 191,4 SEC 17 TIS, R8E G&SRM BRASS CAP FLUSH FOUND BRASS CAP IN HAND HOLE SEC 18 TIS R8E SEC 17 71S R8E SOUTHEAST CORNER SOUTHWEST CORNER SEC 17 SEC 17 SOUTHEAST CORNER SEC 18 NORTHEAST CORNER NORTHWEST CORNER SEIC' 20 SEC 20 TIS, R8E G&SRM TIS, RBE G&SRM FOUND PINAL COUNTY 0%VJ FOUND GLO 1914 BRASS CAP IN HAND HOLE BRASS CAP FLUSH U, WARNER ROAD Ul W (ALIGNMENT) 2 Q C2 -7 EAST 1/4 CORNER SEC 20 m TIS, R6E G&SRM z FOUND GLO 1914 - SEC 19 TIS RBE 0 SEC 20 TIS R8E Q BRASS CAP FLUSH 0 < P08 ir. 0 AEST QUARlER CORNER z w SOUTHEAST CORNER SEC 20 TM R8E G&SRM 0 0 �2 SEC 20 -NTY PAO - I --j TIS, R8E G&SRM FOUND FINAL CO It < FOUND OLD 1914 BRASS CAP IN HAND HOLE a BRASS CAP FLUSH E L18 L17 SOUTHWEST CORNER SOJTH 1/4 CORNER SEC 20 TIS, R8E G&SRM SEC 20 FOUND PINAL COUNTY HIGHWAY 11S, RK G&SMA DEOARTMENT BRASS CAP IN HAND HOLE FOUND 2 1/2 GLO BRASS CAP f(At�]lmj S U N R I S E ENGINEERING b0 NOT TO SCALE 2045 SOUTH ViRtYMO,SUM 101 NtSk020kA#$2U) TEL 4W?"JAW SHEET 3 OF 5 RESOLUTION NO. 24-42 EXHIBIT A PAGE 3 OF 5 EXHIBIT "A" L9 LIO LI! ,12 L8 ELLIOT AVENUE (ALIGNMENT) SEC 18 71 S R8E SEC 17 TI S RBE 0 Ll WARNER ROA5-z W C? a j (ALIGNMENT) :2 z 0 0 Q C> C-4 0 Lij SEC 19 TIS R8E Z SEC 20 TIS R8E 00 0 0 Q L18 EXCEPTION PARCEL *A', PHASE 5 COMMERCIAL FEE 2024-061060, PCR EXCEPTION' PARCEL *A*, PHASE 3 COMMERCIAL m E INOT TO SCALE FEE 2024-061061, PCR 14xa e- EXCEPTION SUNRISE PARCEL 11, 12, 13 & 14 ENGINEERING BLOSSOM ROCK PHASE I FE 2022-084918, PCR 445 SOM VINVAP0'SUM 161 "TEgL$-4%AQ'uoN4"l'f' SHEET 4 OF 5 RESOLUTION NO. 24-42 EXHIBIT A PAGE 4 OF 5 EXHIBIT "A" CURVE TABLE CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST D 2500�00 Cl 22'55*06' 2500�00 1000M' S7818'58"W 993,35' 3 �5 300000 8. 1586 8 C2 0*39'W 3000�00 1605,68' S92'11'24-%' J5 LINE TABLE UNE I DIRECTION LENGTH LEGEND N LI S89*46'31"W 500�00' SUBJECT BOUNDARY PLSS SECTION LINE L2 S66*51*25"W 540.51' PLSS SUB SECTION LIlN'E L3 N82'28�36"W 58129' L4 N53*29'13'E 910,07' L5 N5329*26E 4200�33* ABBREVIATIONS L6 N01 7'1 O'W 155�64' ANN ASSESSOR PARCEL NUMBER - E EAST L7 N013'51"W 2639�88' GLo GENERAL LAND OFFICE G&SRM GILA & SALT RIVER MERIDIAN' L8 \189'45*04E 2647.33* LS LAND SURVEYOR N NORTH L L9 N89*47*061 33,50' I'CR PINAL COUNTY RECORDS 9 - PLss POBLIC LAND SURVEY SYSTEM L10 SO'16'32"E 830,28' P08 POINT OF BEGINNING Lio N53'27'53'E 140139' POO POINT OF COMMENCEMENT LI, PWD PJBLIC WORKS DEPARDAENT L12 N89'47*06'E 1480.06' R RANCE s SOUTH L13 S01 7*1 7'E 2641,76' T TOWNSHIP w WEST L14 S01 7',38'E 264%38' IE E L15 SO'16*25*E 2640,89' Ar.: 12/i/2kO�2'4�- L16 S01 5*30"E L17 589'46'59"W L18 S89'48*1 8*W 2643,78' Ag,,j% S U N R I S E LI9 NO*17'01*W 2640�28' fr%We ENGINEERING 2045 SoLffw Vtsiv"o,Sum 101, XESA�AWZONA$5210 TEL 480J661am SHEET 5 OF 5 RESOLUTION NO. 24-42 EXHIBIT A PAGE 5 OF 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 24-986 Sponsor: Matt Busby Agenda Date: 12/17/2024 Index: In Control: City Council Meeting Discussion and consideration of employment agreement appointing Thomas C. McDermott as the Apache Junction Presiding Magistrate for a term of two years from January 2, 2025, through January 2, 2027, pursuant to Apache Junction City Code,Vol L, § 5-1-3(A). City of Apache Junction,Arizona Page 1 Printed on 1211212024 EMPLOYMENT AGREEMENT WITH PRESIDING MAGISTRATE THIS AGREEMENT Is made and entered into this — day of December, 2024 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "City") and THOMAS C. MCDERMOTT (hereinafter "Employee"' or "McDermott"), sometimes collectively referred to as the "Parties" and individually as a"Party", each of whom understand as follows: RECITALS A. In October 2024, City conducted an open recruitment to fill the vacancy for City's presiding magistrate. S. In November 2024, City interviewed numerous highly qualified candidates (one of which was McDermott) and in December 2024, City selected McDermott for the position In accordance with Apache Junction City Code ("AA.C.C."), Vol. 1, Chapter 5: MunIql I Court, Article 5-1: MynigiRgL.Q�, § 5- ap_ 1-4, Qu &11fica ons of Cit Ma s�trate�s. A___— _y� C. It Is the desire of the City to: (1) hire McDermott as the Presiding Magistrate and provide inducement for him to remain in such employment for a specified term set forth herein; (2) make possible full work productivity by assuring his morale and peace of mind with respect to future security; (3) guard against any malfeasance or dishonesty; and (4) provide a just means for terminating employment by either Party. AaRE_EMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained,the Parties hereto agree as follows: SECTION 1. 2UTIES City hereby agrees to employ Employee as the Presiding Magistrate to perform the functions and duties specified in the Apache Junction City Code ("A.J.C.C."), Volume 1, Chapter 6: Munlcinal&�o_urt, Article 5-1:Munic C 5-1-7, Powers and_Duties of Prosidin Magistrate and as required by law of the State of Arizona, Including state statutes and/or rules and administrative orders of the Arizona Supreme Court, as well as the Apache Junction personnel rules and administrative policies. SECTION 2. !—ERM/EMPLOYMENT STATUS A. This Agreement shall be effective from January 2, 2025 through January 2, 2027 (the "Term"), during which time Employee may only be removed for cause, but Employee shall be full-time, Fair Labor Standards Act ("FLSA"') exempt and non-merit. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Employee as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from employment of City, subject only to the provisions set forth in Section 3 of this Agreement. D. Employee agrees to remain in the exclusive employ of the City during the Term and neither accept nor become employed by any other employer or private client until contract term expires or termination as set forth below. SECTION 3. JE_RMINATION A. Employee may terminate this Agreement for any reason but shall provide City at least ninety (90) calendar days advance written notice, or such advance notice as may otherwise be mutually agreed upon by the Parties. B. City may terminate this Agreement in any of the following situations: I. If Employee pleads guilty or no contest, or is found guilty, of a crime punishable as a felony or misdemeanor under any laws of this state, another state, or a federal law, or of any other crime that involves moral turpitude under the laws of this state; or 2. If Employee has a disability that prevents him from performing the essential functions of the position; or 3. If Employee engages In actions constituting willful misconduct in office, willful and persistent failure to perform his duties, or conduct prejudicial to the administration of justice that brings the judiciary or City Into disrepute; or 4. If Employee is subjected to reprimand, public censure, suspension or other disciplinary action by the Arizona Supreme Court or State Bar of Arizona or other state where Employee is licensed as an attorney. SECTION 4. A. City agrees to pay Employee for his services rendered pursuant hereto at an annual salary of One Hundred Sixty Thousand Dollars and No Cents ($160,000.00). Payment of said salary shall be made at the same time and manner as other employees are paid and shall be paid out of the City's 2 general fund allocated for the municipal court. Employee agrees not to seek a salary change or other changes to this Agreement during the Term. B. Employee may be evaluated annually by the City Council. The evaluations shall be conducted in accordance with the performance standards as determined by City for said purposes, considering among other items standard for trial judges as established by the Commission on Judicial Performance Review of the Arizona Supreme Court. Nothing in this Agreement is to be construed as creating either a promise or expectation of reappointment or contract renewal, and it is understood by Employee that any reappointment or renewal is a matter left to the unconditional discretion of the City Council. SECTION 6. A. W pLk Week H-qurs. The City observes a Monday through Thursday 40 hour work week (10 hours per day) schedule. Employee shall not work less than an average of forty (40) hours per week except when a court holiday occurs. In the event Employee is required to work more than forty (40) hours In a week, Employee shall not be compensated for any additional time and is considered FLSA exempt. B. fregdda s and Weekend Hours. To provide full due process to civil and criminal defendants, Employee will also provide magistrate services every Friday and weekend during each year this Agreement is in effect and may on these days provide such services through telephonic or online means for Initial appearances, warrants and other critical or emergency public safety needs. Employee may utilize associate magistrates for coverage for these hours in his discretion. City shall provide and/or pay for a laptop computer or other technology for work away from the court site, especially to handle initial appearances and/or warrants and/or other work. C. HglLd_@Xs-. Employee shall be entitled to such City holidays or State holidays for which regular city employees and/or professional employees who work for the City receive for days off which shall include all declared holidays by the City as per Apache Junction Personnel Rule 8. D. Y—acodfign. Vacation hours shall accrue as per Apache Junction Personnel Rule 8. Employee shall also receive one (1) day of Birthday leave per contract year and such leave shall be taken as all other employees are allowed the same privilege. E. gilck Leave. Employee shall on an annual basis accrue sick leave each year this Agreement Is in effect as allowed based on tenure with the City pursuant to Apache Junction Personnel Rules, Rule 8. 3 SECTION 6. PROFESSIONAL DEV-ELOPMENT A. City agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official City/Court travel, meetings and conferences. B. City agrees to pay professional and association dues, which are necessary for participation In national, regional, state and local professional associations, or are reasonably related for the maintenance of professional credentials, or for reasonable professional development, subject to the mayor's determination as to what is necessary. SECTION 7. OTHER TERMS AND CO IkAMI'M^ A. City shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, Arizona Revised Statutes, or any other statute, ordinance or regulation. B. All action taken by City relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include vacation and sick leave, holidays, medical/visionidental/life insurance, equivalent percentage as a step adjustment or equivalent percent increase as a base wage adjustment or cost of living or other general cilywide Increases adopted by the City or city manager however coded in the City's payroll system under the same terms and conditions as are available to all other City employees, but not public safety sworn officers. C. City shall provide on behalf of Employee a family membership to the multi- Generation Center of Apache Junction. SECTION S. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. SECTION 9. ENTIRE AGREEMENT This Agreement contains the entire agreement between the Parties. No other promises, representations, warranties, or covenants have been relied on by either Party in executing this Agreement. 4 SECTION 10. SEVERABILITY City and Employee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the 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, statute, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to City and Employee as if such severance and reformation were not required. Unless prohibited by applicable laws, City and Employee 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. SECTION 11. ASSIGNME-N—T This Agreement is not assignable by either City or Employee. SECTION 12. N—OTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor Walter"Chip"Wilson City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Employee: Thomas C. McDermott (contact information on file with Human Resources Department) IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. EMPLOYEE: D4ate / f homa�s­b, McDe-rmott CITY OF APACHE JUNCTION, an Arizona municipal corporation: Date Walter"Chip" Wilson ATTEST: Evie McKinney Acting City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 6 CITY COUNCIL MEETING ROLL CALL Date: 'T At) tl Work Study Regular Special \",�S: E: S: E: S: E: I L CITY COUNCIL: P�sent Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON VICE MAYOR SCHROEDER COLINCILMEMBER CROSS COLINCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER COUNCILMEMBER SOLLER TOTAL LLL CITY STAFF: \,esent Ab/excu Present Ab/excu �resent Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk -City Attorney Joel Ster IT Director Doug Wirthgen Mrkt Comm Director Kayla Fulmer —Public Safety Director Michael PooleY—L.---- Public Safety Assistant Johnny.lohn 1�k, Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach Econ Director Library Director Pam Harrison Finance Director Angelie Hawley HR Director Anna McCray Water District Director Mike Loggins Municipal Judge Acting City Clerk Evie McKinney Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegria Senior Planner Kelsey Schattnik Planner Erica Hernandez Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid Management Anaylyst V) a Ai "L' 'a Y\%N V 0c, 3" Cot)ncil -Attendar,�ce,dc�cx Corrns Vote sheet 5 City Council VOTE - ROLL CALL :71 ITEM # MEETING OF MOTION BY: SECONDED BY: NOTE f CYOC2 S C,,,MLt?v114ev4 Aq C 10 e 0 6 0 YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICEMAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 6 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL Id 1­7 q ITEM # 3 MEETING OF MOTION BY: SECONDED BY: V P rt7,�p NOTES:— L207 YES NO ABSTAINED CITY COUNCIL: VICE_,MAYD_R SC,HROEDER COUNCILMEMBER NESSER COUNCILMEMBER HECK COUNCILMEMBER.SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS MAYOR WILSON TOTAL UNANIMOUS IN FA R OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms Vote Call—City Council City Council ORDINANCE VOTE - ROLL CALL ITEM # 944, 7'2,) MEETING OF )V- I,/-2t;2 MOTION BY: SECONDED BY: - v MOTION BY: SECONDED BY: > NOTES: c YES NO EXCUSED CITY COUNCIL: COUNCILMEMBER HECK COUNCILMEMBER CROSS —----------- VICE MAYOR SCHROEDER COUNCILMEMBER NESSER--.--'- COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER -MAYOR Vi1LS6N TOTAL UNANIMOUS IN FAV OPPOSED 1EXCUSED YES NO EXCUSED CITY COUNCIL: '(;OUKILMEMBER SOLLER I L COUNCILIVIEMBER JOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS_ COLINCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS IN FAV R OPPOSED EXCUSED S:/5-Templates&Forms/Vote Call-City Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: SECONDED BY: NOTES:_LA1_q c co �w �rv-) YES YES ABSTAINED READING APRROVAL NO CITY COUNCIL: -------------- ------------ ------ ---------- —------ VICE MAYOR SCHROEDER V" :—--------- --------------__............ ------- COUNCILMEMBER NESSER .......... -------- —----- ------- COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON r-------------- COUNCILMEMBER CROSS MAYOR WILSON----- TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms vote call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION By. SECONDED BY: NOTES:-9,e 5c? 1(4 t4- L) �rvvv t &1,7 dqeodd Ithvt7r, 1-o acyi,7vyi�2rhdro- -7 YES YES ABSTAINED READING APPROVAL NO ---------- CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER V/ :JOHNSON VICE MAYOR SCHROEDER — --------- ------------ �COUNCILMEMBER HECK ------------ MAYOR WILSON t----------------- LTOITA UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council Vote sheet 1 City Councill VOTE - ROLL CALL ITEM # MEETINGOF MOTION BY: SECONDED BY: NOTES: , -Ij C', ----------- ------...... —-—------ —--------- YES ABSTAINED NO ---—-------- CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER iJOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK 'COUNCILMEMBERSOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL L------- —----- UNANIMOUS IN F"OR OPPOSED ABSTAINED TOTAL S:/5—Templates&Forms/Vote Call—City Council - ,54""� CITY OF APACHE JUNCTION Mayor's Script Regular Meeting Tuesday, December 17, 2024 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of December 17, 2024, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invoTtion will be led by &the pledge by Councilmember C. ROLL CALL Roll Call D. CONSENT AGENDA As a reminder-All items under the Consent Agenda will be approved with one motion. If a councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of December 3, 2024. 3. Consideration of approval of Resolution No. 24-37, a Federally Patented Easement (FPE) Extinguishment of Chaparral Road (alignment) from Scenic Street to Virginia Street for purpose of future development with the acknowledgement that current setback remains in place until the utility easement is extinguished. 4. Consideration of approval 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. Do I have a motion on the consent agenda? waitfor the motion and the 2nd Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 5. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 6. City Managers Report. Bryant to report 7. Announcement of Current Events. Eli to report T'AKE AGENDA ITEM 11: At this time, I am going to take Agenda Item 11, from New Business— Presentation and consideration of Resolution No. 24-42. Zach to report Any discussion among council? Do I have a motion for Resolution No. 24-42? waitfor the motion and the 2nd Roll Call H. PUBLIC HEARINGS 8. Consideration of application for a new Series 10 Beer and Wine Store Liquor License for ARCO AM PM. Call on Evie A. Does the applicant wish to speak? B. Any discussion among the council? council can discuss C. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. D. I will now close the public hearing and ask for a motion. waitfor the motion & the 2nd Roll Call 9. Presentation, discussion, public hearing and consideration of Ordinance No. 1560. Call on Nick A. Any discussion among the council? council can discuss B. I will now open the Public Hearing. There is a 5 minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. C. I will now close the public hearing and ask for a motion on Item #9, Ordinance No. 1560. waitfor the motion & the 2nd Roll Call. Do I have the second motion to adopt Ordinance No. 1560? Roll Call 1. OLD BUSINESS J. NEW BUSINESS 10. Presentation, discussion and possible consideration of rejection of proposals for Prospector Park drainage improvements. Liz to report Do I have a motion on rejecting the proposals? waitfor the motion & the 2 nd Roll Call 12. Discussion and consideration of employment agreement with Thomas C. McDermott. Call on Joel Stern Any discussion among the council? Do I have a motion on this employment agreement? Roll Call K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC I would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions. Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter on a future agenda for council discussion. There is a three-minute limit for each speaker. Does council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. 12-17-2024 Consent Agenda Items Nos. 1-4 1 move the consent agenda be accepted and approved as presented. Item No. 8— Public Hearing I MOVE THAT the application for a new Series 10 Beer and Wine Store Liquor License for ARCO AM PM, located at 745 S. Ironwood Drive, Apache Junction, AZ be recommended to the Arizona Department of Liquor Licenses and Control for(Approval) or(Denial). Item No. 9 — Public Hearing I MOVE THAT Ordinance No. 1560 be read by title only and the reading of the entire ordinance be waived. (City Clerk will read the Ordinance by title only). I MOVE THAT Ordinance No. 1560, as read by the city clerk BE: (APPROVED and ADOPTED) or(DENIED). OR I MOVE THAT Ordinance No. 1560, as read by the city clerk, BE: APPROVED and ADOPTED with the following amendments: Item No. 10 — RFB #P & R PIP Drainage Bid Rejection I MOVE THAT the rejection of proposals for Prospector Park drainage improvements, RFB #P&R PP Drainage 2024-007 BE: (APPROVED) or (DENIED). Item No. 11 — Resolution 24-42 1 MOVE THAT Resolution No. 24-42, approving a corrected legal description of district boundaries in Superstition Vistas Community Facilities District No. 2, as set forth in an amended intergovernmental and development agreement BE: (APPROVED) or (DENIED). Item No. 12— Employment Agreement I MOVE THAT the employment agreement appointing Thomas C. McDermott as the Apache Junction Presiding Magistrate for a term of two years, from January 2, 2025, through January 2, 2027, pursuant to Apache Junction City Code, Vol I., § 5-1-3 (A) BE- (APPROVED) or(DENIED). CITY OF APACHE JUNCTION Date: -7-7"9 REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Managers Report portion of the agenda, I would like to speak on Agenda Item I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary -1 am in favor of the proposed Item. I am opposed to the proposed Item. z'­ First Name a t Name/ -2 (PRINT) .. ........ Address city Zip Code 4TIephone -Em-ail-a-d-dress 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 Hearinq 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), Sic ,jature'6f'0are uardian Date 08/2612019 Date:_.11.2 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: 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. Firsf Name Last Name (PRINT) I Im 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 Hearinq 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)(% Sig6it-ure-of Par-e-nt/Guardian Date 08/26/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: 1 would like to speak on a Non-Agenda matter regarding: -e 0- 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. rn ,) ly) !'IMP /11) First Name LastName (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 Hearinq 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 CITY OF APACHE JUNCTION Date: 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, Do you wish to speak before Council on this item? YW�_ No— Only If Necessary —1 am in favor of the proposed Item. I am opposed to the proposed Item. m E First Name Last Name (PRINT) L Address city Zip Code `�Cj I lephone 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_�iomments 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)(% Signature of Parent/Guardian Date 08/26/2019