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Home My WebLink About2023 12.05 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, December 5,2023 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 23-650 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 23-651 Consideration of approval of minutes of the regular meeting of November 21, 2023. Sponsors: Jennifer Pena Attachments: CCMIN 2023 11 21 MINUTES DRAFT 3. 23-631 Consideration of approval of legal advertising agreement with The Arizona Republic. Sponsors: Jennifer Pena Attachments: 2024 Legal Advertisinq Agreement 4. 3-656 Consideration of approval of Resolution 23-30 Adopting the Budget for Fiscal Year 2024-2025 for Streetlight Improvement District No. 2021-01 Goldview for the Goldview subdivision. Sponsors: Ted Wolff Attachments: SLID 2021-01-Goldview Council Memo 2020-09-22 CoAJ Goldview-SLID-Petition-2020-signed Res 23-30 SLID Budget 2021-01-Goldview City of Apache Junction,Arizona Page 1 Printed on 1113012023 City Council Meeting Agenda December 5,2023 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. 5. 23- 7 Commendation in memoriam honoring Sergeant Andrew Southard. Sponsors: Jennifer Pena Attachments: Commendation Andrew Southard 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. 6. 23-652 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. 7. 23-653 City Manager's Report. Sponsors. Bryant Powell 8. 23-655 Presentation, discussion, and project update by Resolution Copper representatives Bryan Seppala and Vicky Peacey. Sponsors: Bryant Powell 9. 23-654 Announcement of Current Events. Sponsors: Al Bravo 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 1113012023 City Council Meeting Agenda December 5.2023 10. Consideration of application for o new Series UO Bar Liquor License for First Water Cocktail Bar' {ouohod at 1545 W. Broadway Avenue, 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. This item was continued from the council meeting held November 21. 2023. Sponsors: Jennifer Pena Attachments: Memo To Council 12,05.2023 Application-Redacted AJPQ Inspection Approval Building and Safety Inspection Denial Planning and Building Inspection Approval-with Notes 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 hodnooby the mayor after first submitting awritten re4uuot-bu-opmak 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 n*quoot-h»-speuk form with the city clerk. 11. 23-66H0 Discussion on Apache Junction City Code, Vol. ||. Land Development Code, Zoning Ordinance, § 1'16-12 (D), relating to Apache Junction Planning and Zoning Commission's approval authority for conditional use permits with any appeals being filed with the Apache Junction City Council. Sponsors: TeuaNeoaer Attachments: Land Development Code§ 1-16-12 CUP Ordinance No 727 12. PnyoantaUon, diocuooion, and possible consideration of Resolution No. 23-38. authorizing the City of Apache Junction to enter into en intergovernmental agreement with the Pino| County Flood Control District for the Superstition Basin Hood Control Project in the amount of$1,033'OO5.45. Sponsors; Matt Busby Attachments: Resolution 23-38 IGA Superstition Basin K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City vr Apache Junction,Arizona Page Printed ow1mmmoxx City Council Meeting Agenda December 5,2023 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 1113012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 23-650 Sponsor:Jennifer Pena Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1113012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 23-651 Sponsor:Jennifer Pena Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of November 21, 2023. City of Apache Junction,Arizona Page 1 Printed on 1113012023 City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Meeting Minutes 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, November 21,2023 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 Vice Mayor Schroeder gave the invocation and Councilmember Nesser 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 Michael Pooley, Police Chief Ted Wolff, Public Works Director Patrick Ainsworth, Economic Development Director Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Councilmember Heck 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 1. 3-624 Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes November 21,2023 2. 23-625 Consideration of approval of minutes of the regular meeting of November 7, 2023. 3. 23-606 Consideration of approval of Resolution No. 23-23 Intent to Form Streetlight Improvement District No. 2023-SV-1 B-1 Radiance at Superstition Vistas Phase 1 B. 4. 23- 07 Consideration of approval of Resolution No. 23-24 Ordering the Installation of Streetlights for Streetlight Improvement District No. 2023-SV-1 B-1 Radiance at Superstition Vistas Phase 1 B. 5. 23-603 Consideration of approval of Resolution No. 23-25 adopting the budget for Fiscal Year 2024-2025 for Streetlight Improvement District No. 2023-SV-1 B-1 Radiance at Superstition Vistas Phase 1 B. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 23-633 Proclamation designating Saturday, November 25, 2023, as "Small Business Saturday". Mayor Wilson proclaimed Saturday, November 25, 2023, as "Small Business Saturday"and presented the proclamation to Aaron McDermid with the Apache Junction Chamber of Commerce. F. REGIONAL INTERGOVERNMENTAL UPDATES 7. 23-626 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck shared that the Mayor and other councilmembers recently attended a tour of the newly designed Repubic Services Landfill. This was very informative, and they were shown how all the trash is handled, the precautionary steps taken to ensure ground protection, and that any liquid runoff is monitored and kept away from soil contamination. Mayor Wilson announced five Army servicemen died on November 10th in a training exercise over the Mediterranean Sea. One of the fallen was Sgt. Andrew Southard, who went to junior high and high school in Apache Junction and graduated from the high school in 2015. He went into the Army right after graduation and had an impressive career in just a few years. He passed a number of certifications and earned many awards and decorations. He was a member of the Army's Special Operations Forces, part of the elite 160th Special Operations Aviation Regiment. He leaves behind a wife and two children. Last week, the city lowered its flags to half-staff in his honor. We requested and received a commendation from Gov. Katie Hobbs' office in his honor. Flags at the state capital will be lowered on Saturday to coincide with services for Sgt. Southard that will be taking place in Tennessee. We convey our condolences to the sergeant's family and friends, and thank him for his service. Mayor Wilson also shared an update of the Veteran's weekend events and the many opportunities there were to honor our vets for the services they have offered for our freedom. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes November 21,2023 Mayor Wilson mentioned a tour he recently participated in at the Phoenix Mesa Gateway Airport, that included a new gate access area. There is now a walkway between the old and new parts of the airport which will be enclosed with glass, and this will be a nice sitting area while passengers are waiting to board planes. G. CITY MANAGER'S REPORT 8. 23-627 City Manager's Report. City Manager Bryant Powell shared his appreciation for our police department after the announcement last week of the identification of an unknown victim from more than 30 years ago. Police Chief Mike Pooley and Crime Technician Stephanie Bourgeois told reporters on Friday that the body found in the desert of Apache Junction in the summer of 1992 has been identified as 15-year-old Melody Harrison of south Phoenix. It is so gratifying to see our department bring some resolution to the family of this girl more than three decades after her disappearance. Police Chief Mike Pooley introduced two new staff members with the Apache Junction Police Department. Commander Michael Beaten comes with a wealth of knowledge and he will be managing the patrol unit, and Commander Cindy Uwer comes with high respect and recommendations from her peers to lead the criminal investigations division. A video was shared of the recent Faith and Blue event, where six(6)Apache Junction churches shared service and over 600 people attended. A very successful toy drive was collected and shared with the Salvation Army for this Christmas season. Recently, the international honor of"40 Under 40 International"was awarded to Lt. Daniel Saldana as an upcoming future leader in law enforcement. A second award has been achieved by the Apache Junction Police Department in recognition of"Leadership in Community Policing."This particular award is granted to only one law enforcement agency in the entire world, and Chief Pooley is honored to be working with the force that has received this high recognition and award, and commended his staff for all they do. He also thanked the Mayor and Council for their support. 9. 23-623 Announcement of Current Events. Assistant City Manager Matt Busby shared the following current events and updates: * Due to the Thanksgiving Holiday on November 23, 2023, City Hall offices will be closed. Apache Junction Police Department remains in full force, and Parks& Recreation and the Library will be open with special hours. Please check the city's website for further details. * December 2, 2023, 3:00 p.m.-6:30 p.m. at Flatiron Community Park- Holiday Event and Light Parade * Household Hazardous Waste event held on November 18, 2023 had a total of 290 attendees, of which 232 were city residents. The next event will be held on March 9, 2024, at the Public Works Yard: 575 E. Baseline Avenue, Apache Junction. * Jingle in the Junction is a decorating competition for all local businesses, hosted by the Apache Junction Chamber of Commerce. Please visit www.ajchamber.com for more details. * Reminder to check out the city's website at www.apachejunctionaz.gov for more details on events and happenings. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes November 21.2V23 H. PUBLIC HEARINGS 10. Consideration of application for new Series 06 Bar Liquor License for First Water Cocktail Bar. located at 1545VV. Broadway Avenue, Apache Junction, AZ. The next step in the process ia for the council to hold 8 public hearing UD the application and make nSCO[DnO8Dd8UUD of approval or denial to the Arizona Department ofLiquor License and CODtPO|. Counci|membor Cross moved,seconded hyCounci|memberNoseer that the application for o Series Bar Liquor License for First Water Cocktail Bar, located at 1545 W.Broadway Avenue, Apache Junction,AZ be continued to the December 5th.2V23.City Council meeting,allowing the applicant time to apply for the required permits and inspections. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Counoi|membmrNenner. Counoi|momborHook. Counoi|momborJohnaon. Counoi|mombor Cross and Counoi|momborSoUmr No: O Deputy City Clerk Evie McKinney stated the city received an application for a new Series 06 Bar Liquor License from the Arizona Department of Liquor License and Control, (Az DLLC)on October 19. 2023. for First VVotor Cocktail Bar, |noobad at 1545 W. Broadway Avonuo, Apache Junction. The Notice of Public Hearing was posted at the establishment on October 30, 2023, to comply with state regulation of the 2U day posting requirement. Correspondence has been received from the Apache Junction Police Department, Superstition Fire and Medical District, Building and Safety Division, and Planning and Zoning. Three of these entities recommended approval based on their safety and code compliant inspections. The Building and Safety Division has denied their recommendation due to the applicant not having pulled building permits for construction at the premises. K80. McKinney informed Council at this time the decision can be made hu approve or deny the application, orcontinue the Public Hearing on this matter at the December 5, 2023 Council Meeting, which would allow the applicant more time ho submit building permit requests. Council made mention that e "Stop Work Order" issued by Code Enforcement was placed on Novembor8. 2023, and this is sU|| in effect. The Building and 8ofoh/ Division stated the applicant io waiting for his architecture plans, before submitting his building permit requests. Clarification was made that if the decision is made tonight to continue this item, it would go through the Public Hearing process at the December 5, 2023 meeting, not placed on the Consent Agenda. Due to the date requirements issued by AzDLLC. this item will need hobe heard at the December 5. 2023 City Council meeting. The applicant was not present horespond. Mayor Wilson requested amotion. 8- OLD BUSINESS J. NEW BUSINESS City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes November 21,2023 11. 23-630 Presentation, discussion, and possible consideration of approval of Resolution No. 23-35, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the City of Phoenix Police Department for the Arizona Internet Crimes Against Children (ICAC) Task Force. Councilmember Soller moved,seconded by Councilmember Johnson that Resolution No.23-35, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the City of Phoenix Police Department for the Arizona Internet Crimes Against Children(ICAC)Task Force be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Police Chief Michael Pooley introduced and explained details of the intergovernmental agreement with the City of Phoenix Police Department. He stated this is a renewable agreement every five (5)years. Our local detective reports receiving at least 50 complaints per year to investigate child crimes via the internet. These crimes include child pornography and abuse of children. This agreement would specifically cover internet crimes involving children's safety. 12. 23-638 Presentation, discussion, and possible consideration of retroactive approval of the third amendment with JB Superior Maintenance Services, LLC to add janitorial services for the police substation located at 3880 South De Niza Road, Apache Junction increasing the annual cost from $300,000.00 to $328,800.00 a year. Councilmember Heck moved,seconded by Councilmember Nesser that the third amendment with JB Superior Maintenance Services,LLC to add janitorial services for the police substation located at 3880 S. De Niza Road,Apache Junction, increasing the annual cost from$300,000.00 to $328,800.00 a year,with a retroactive date of November 1,2023, be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Assistant City Manager Matt Busby explained this item is to ratify a previous agreement, which would be retroactive approval for service to the recently leased office space for the police department substation. This agreement would cover basic janitorial services at this expanded office Council inquired what the additional cost of$28,800 will cover. Council also requested clarification on the dates involved in this agreement. Public Works Administrative Services Manager Heather Hodgman explained this is the total cost for the next three (3)years, which breaks down to$1200 per month for basic janitorial service. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes November 21,2023 13. 23-639 Presentation, discussion, and possible consideration of approval of entering into an agreement with Centimark Corporation for the Library Building roof re-coating in the amount of$52,720.75 using the Mohave Contract# 18R-CTMK-0418. Councilmember Soller moved,seconded by Councilmember Nesser that the agreement with Centimark Corporation for the Library roof re-coating in the amount of$52,720.75,using the Mohave Contract#18R-CTMK-0418 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Public Works Administrative Services Manager Heather Hodgman stated the warranty on this roof has expired. Preventative work was last done 10 years ago. This contract will be to complete preventitve maintenance of this roof. Ms. Hodgman shared a visual of the roof color coded into sections and explained the areas this contract would cover. Council queried on the warranty terms, and materials to be used on this project. Ms. Hodgman clarified the warranty terms and types of materials to be used on the new project. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Catherine Meek, 1327 S. Belair Road, Apache Junction, shared that the new booklets for the Superstition Mountain Museum have just been published and are being distributed. November 25-26, 2023, will be the first Holiday Boutique, and special guest appearances by Mr. and Mrs. Clause are expected. Sunday, November 26, 2023, the Museum will be offering a 25% off jewelry sale. Donna Carr, 2178 W.Virginia Street, Apache Junction, commented on the impurities in our drinking water supply, made a suggestion to keep additional street lights low to maintain our "dark sky" efforts, and if construction will be added in some of the older areas in Apache Junction to please consider the design be kept more western Chemed to keep with our mining town atmosphere. Jane Brown, Val Vista Road, Apache Junction, emphasized that the 5 soldiers that were killed in the training accident over the Mediterranean Sea were the very best of the elite warriors and should all be recognized. She also shared her concerns regarding the lighting to be added with the new homes in the Radiance Development, and asked the council to consider this lighting design. Andre Meek, 1327 S. Belair Road, Apache Junction, commented on the unsheltered needs still existent, and he would like to see the dark sky efforts continued when new lighting is being installed throughout the city. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes November 21.2V23 N. ADJOURNMENT Mayor Wilson adjourned the meeting at7:5Up.m. ACCEPTED THIS DAY O . 2023. BY THE MAYOR AND CITY COUNCIL{}F THE CITY 0FAPACHE JUNCTION, AR|ZONA. SIGNED AND ATTESTED TO THIS DAY OF . 2023. VVA[TER^CH|P''VV|LS{}N Mayor ATTEST: JENN|FERPENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of . 2023. | further certify that the meeting was duly called and held and that a quorum was present. Dated this day of . 2023. JENN|FERPEfAA City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 23-631 Sponsor:Jennifer Pena Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Consideration of approval of legal advertising agreement with The Arizona Republic. City of Apache Junction,Arizona Page 1 Printed on 1113012023 Legal Advertising Agreement Phoenix Newspapers, Inc., publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 3-years commencing on January 1, 2024— December 31, 2026. PUBLICATION E # PUBLICATIONAGREEMENT ; T Mesa Wednesdays Republic 11/15 Fridays $.67 per line per zone Section of the Arizona Re Ublic Saturdays Publication LINE RUN must be to DISPLAY AD must be to Day AZ Republic by AZ Republic by Wednesday = Thursday week prior by Friday prior 10 AM NOON Friday = Monday by Noon = Monday 10 AM Saturday =Tuesday by Noon =Tuesday 10 AM PUBLICATION yS AGREEMENT RATE Arizona Business Thursdays Only $.42 per line per zone Gazette Publication LINE RUN must be to DISPLAY AD must be to Day AZ Republic by AZ Republic by Thursday = Friday week prior 5 = Friday by 10 AM pm PUBLICATION T RATE Arizona Republic Full Run Classifieds Sunday $1.42 per line per zone Monday Tuesday Wednesday Thursday Friday Saturday Arizona Classifieds LINE RUN DISPLAY AD Republic Full (Publication Day) Run Classifieds Sunday = Wednesday at Noon = Tuesday at 3:00 PM Monday = Wednesday at Noon = Prior Wednesday at Noon Tuesday = Friday at Noon = Prior Thursday at Noon Wednesday = Monday at Noon = Prior Thursday at Noon Thursday = Tuesday at Noon = Prior Friday at Noon Friday = Wednesday at Noon = Monday at Noon Saturday = Thursday at Noon = Tuesday at Noon Pricing includes online postings to these public notice web listings (publicnotices.azcentral.com, PublicNoticeAds.co m, and ananews.com). All legal notice advertising will be type set in 5.5 point type at 14 lines per inch. Invoicing statements for the account will be at the end of each month based on ad expiration dates. Retail Open Position ROP ad rates (open rates) and deadlines, please call for info. Retail ROP positions are those that appear in any section outside of the Classified section as a display ad. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices". Two affidavits of publication will be supplied for each notice published. Affidavits are to be mailed to the following address. City of Apache Junction City Clerk 300 E. Superstition Blvd Bldg. C Apache Junction, AZ 85119 All publication requests should be E-mailed to: legal.advertising@pni.com Please reference account# 169202 Contact person(s) for ad placement: • Tara Hamm, Director/ Legal Ad Dept., 866-431-8665 thamm@gannett.com • Legal advertising open line 602-444-7315 City of Apache Junction Phoenix Newspapers, Inc.: WALTER "CHIP" WILSON Print Name: Tara Hamm Mayor Date: 11/8/23 Date: ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN Date: City Attorney ** Holiday and any other advanced deadlines will be e-mailed. *** Annual Budget documents (including Ordinances with Budget information) and TRUTH IN TAXATION deadlines will be emailed in April of the respective year as those deadlines differ from our regular deadlines. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 23-656 Sponsor:Ted Wolff Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Consideration of approval of Resolution 23-30 Adopting the Budget for Fiscal Year 2024-2025 for Streetlight Improvement District No. 2021-01 Goldview for the Goldview subdivision. City of Apache Junction,Arizona Page 1 Printed on 1113012023 Public Works Department Home of the Superstition Mountains MEMORANDUM DATE: November 20, 2023 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Ted Wolff, Public Works Director FROM: Emile Schmid P.E., City Engineer SUBJECT: Streetlight Improvement District ("SLID") 2021-01-Goldview Goldview Subdivision Resolution 23-30 Adopting the SLID Budget for Fiscal Year 2024-2025 REQUEST Consideration and approval of the Budget Resolution for SLID No. 2021-01-Goldview for the Goldview subdivision. BACKGROUND The creation of a Streetlight Improvement District ("SLID") is a means whereby the power expenses of streetlights are paid by the levy and collection of taxes based on the number of properties within the SLID. SLIDs are created by the initial submittal of a petition to the city to form a SLID, and the subsequent approval of three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights within the SLID, and 3) setting forth the initial annual SLID budget. The 179 residential parcels of Goldview have been approved and final plats have been recorded. Previously Resolution 21-07 Intent to Form Streetlight Improvement District and Resolution 21-17 Ordering the Installation of Streetlights within the SLID were previously approved by council (March 16/2021 and April 20, 2021 respectively) when all 179 lots of Goldview were owned by Lennar Arizona, Inc. who on September 22/2020 submitted to the city a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The above budget resolution will be on the consent agenda at the December 5, 2023 city council regular meeting for final approval. RECOMMENDATION Staff respectfully requests mayor and city council to approve Resolution 23-30 on consent agenda at the December 5, 2023 council meeting. ACTION REQUIRED This item will be for consideration and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • FAX (480) 983-5872 0/ 6�( Public Works Department 575 E. Baseline Ave., Apache.function, AZ 85119 (480) 982-1055 PETITION FOR STREET LIGHTING IMPROVEMENT DISTRICT TO THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION: We, the undersigned, being all or a majority of the real property owners within the limits of the area and district hereinafter described, do hereby petition the council of the City of Apache Junction,Pinal and Maricopa Counties, State of Arizona,to establish a street lighting improvement district pursuant to the provisions of Arizona Revised Statutes ("A.R.S.") §§ 48-615, 48-616, 48- 61.7 and 48-572, for the purpose of purchasing electricity for the lighting of public streets or parks within the described and depicted district or area set forth in Exhibits A and B respectively, which includes a charge for energy and maintenance. It is hereby requested that upon the fling of this petition,if signed by all of the real property owners within the described district or area, exclusive of mortgages and other lienholders, that the council of the City of Apache Junction, after verifying such ownership and making a finding of such fact, adopt a resolution of intention to order creation of the district and order the proposed improvements pursuant to the provisions of A.R.S. §§ 48-576 and 48-581 without the necessity of publication and posting of the resolution of intention provided for in A.R.S. § 48-578, and that unless any protests are received sufficient to bar further proceedings under A.R.S. § 48-579, that the council proceed with the improvement petition. Expenses of the district(CHECK ONE): ❑ Shall be paid by the levy and collection of ad valorem taxes upon assessed value of all property in the district. X Shall be paid by the levy and collection of equal apportionment of taxes based on the number and classification of properties within the district. The name of the proposed street lighting improvement district shall be STREET LIGHTING IMPROVMENT DISTRICT ("SLID") # located in the city as follows: "Goldview" Lots 1-179 See attached legal descr. &exhibit Name of Subdivisions and Lots (area of limits) OWNERS OF RECORD NAME (printed) SIGNATURE ADDRESS DATE ' 1665 W Alameda Dr., Suite 130 9/22/2020 Lennar Arizona, Inc. _ Tempe,AZ 85282 Jeff Gunderson Home of the Superstition Mountains www.ajcity.net RESOLUTION NO. 23-30 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINAL BUDGET FOR THE STREET LIGHTING IMPROVEMENTS DISTRICT 2021-01- GOLDVIEW, FOR FISCAL YEAR 2024 - 2025 BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025 AND LEVYING UPON THE PROPERTY IN THE DISTRICT OR BY AN EQUAL APPORTIONMENT OF THE TAXES NEEDED TO PAY THE EXPENSES SET FORTH IN THE BUDGET. WHEREAS, in accordance with the provisions of Arizona Revised Statutes ("A.R. S . ") § 48-616, the Street Lighting Improvement District 2021-01-Goldview (the "District") , the mayor and city council received the proposed District budget prior to November 21, 2023; and WHEREAS, notice of the hearing on the statements and estimates of expenses of the District (the "Budget") was duly published and the hearing conducted, all as required by law; and WHEREAS, the mayor and city council intend to adopt the fiscal year 2024 - 2025 final budget for the District; and WHEREAS, upon fixing, levying and assessing the amount to be raised by ad valorem taxes on all the real and personal property in the District or apportioned equally upon the number and classification of properties within the District, the city clerk is hereby directed to transmit a certified copy of this resolution to the assessor, recorder and board of supervisors of Pinal County, Arizona, with a request to collect such taxes in the same manner as general city taxes . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Budget Adopted. The District budget attached hereto in Exhibit A in the amount of $3, 165 . 12 is hereby adopted as the budget of the District for fiscal year 2024 - 2025 . 2 . Amount to be Raised by Taxes . The amount of the District budget set forth in Section 1 of this resolution is hereby fixed, levied and assessed as the amount to be raised by the levy of ad valorem taxes on all the real and personal property in the District or through an equal apportionment of taxes based on the number and classification of properties within the District . There is hereby levied on each one hundred dollars ($100) of assessed value on all RESOLUTION NO. 23-30 PAGE 1 OF 3 property, both real and personal within the District not exempt from taxation, a tax rate sufficient (not greater than one dollar and twenty cents ($1 .20) ) to provide a fund for the annual expenses of the SLID, said amount to be collected in the same manner as the collection of general city taxes . 3 . No Invalidation of Proceedings . No irregularity in the fixing, levying or assessing the amount to be raised by ad valorem taxes or omission in the same, or irregularity of any kind in any proceedings shall invalidate such proceeding or invalidate any action to collect such taxes, including the conveyance of title by any tax deed, nor shall any failure or neglect of any officer or officers to perform any of the duties assigned to him or to them on the day within time specified will be an invalidation of any proceedings or of any action to collect such taxes or affect the validity of the assessment of the budget amount and levy of taxes or of the judgment or sale by which the collection of the same may be enforced, or in any manner affect the lien upon such property for the delinquent annual taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for collecting of the taxes or the foreclosure, and all acts of officers de facto shall be valid as if performed by officer de jure. 4 . Notice of Levy. The city clerk and city finance director are each authorized and directed to provide the certified duplicate copies of this resolution and such other documents as may be necessary to cause Pinal County to levy, assess and collect the amounts described herein from ad valorem property taxes, including the budget, to the Pinal County Board of Supervisors, County Assessor and County Treasurer. 5 . Conflicting Resolutions Repealed. All resolutions and parts of resolutions in conflict are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF f 20 Walter "Chip" Wilson Mayor RESOLUTION NO. 23-30 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-30 PAGE 3 OF 3 EXHIBIT A City of Apache Junction Street Light Improvement District 2021-01-Goldview Budget FY 2024 - 2025 Streetlight Improvement District ("SLID") 2021-01-Goldview Number of streetlights 42 Energy cost per month per streetlight $6 . 28 Monthly energy cost for the SLID $263 . 76 Annual energy cost for the SLID $3, 165 . 12 Number of residences in the SLID 179 Annual energy levy per residence in the SLID $17 . 68 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 23-657 Sponsor:Jennifer Pena Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Commendation in memoriam honoring Sergeant Andrew Southard. City of Apache Junction,Arizona Page 1 Printed on 1113012023 r C...Ommenbatton IN MEMORIAM Sergeant Andrew Southard WHEREAS, Tonight we recognize a fallen soldier and Arizona resident Sergeant Andrew Southard of the U.S Army Special Forces, Elite 160th Special Operations Aviation Regiment who was one of the casualties in the November 101 helicopter crash during a training mission in the Mediterranean Sea; and WHEREAS, Sergeant Southard was from the City of Apache Junction, a graduate of`Apache Junction High School; and WHEREAS, it is essential that we remember all those from our past, present, and future for their bravery and sacrifice for the cost of privilege and freedom; and WHEREAS, we honor and show our respect to the Southard Family and those families and friends who were and are victims of this tragedy; and WHEREAS,, in the words of Minot Savage — "The brave die never, though they sleep in dust: it courage nerves a thousand living men2� NOW, THEREFORE, 1, Chip Wilson, Mayor of the City of Apache Junction, Arizona, do hereby express our appreciation for Sergeant Andrew Sout hard's years of dedicated service to the United States, and our prayers and condolences to his family. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Apache Junction, Arizona to be of this 4�' day of 2023. WALTER"Cl-UPTW—ILSON Mayor ATTEST: *E ENS. City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 23-652 Sponsor: Chip Wilson Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1113012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 23-653 Sponsor: Bryant Powell Agenda Date: 12/5/2023 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1113012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 23-655 Sponsor: Bryant Powell Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Presentation, discussion, and project update by Resolution Copper representatives Bryan Seppala and Vicky Peacey. City of Apache Junction,Arizona Page 1 Printed on 1113012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 23-654 Sponsor:Al Bravo Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 1113012023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 23-658 Sponsor:Jennifer Pena Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Consideration of application for a new Series 06 Bar Liquor License for First Water Cocktail Bar, located at 1545 W. Broadway Avenue, 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. This item was continued from the council meeting held November 21, 2023. City of Apache Junction,Arizona Page 1 Printed on 1113012023 CH City of Apache Junction 1 0 Home of the Superstition Mountains December 5, 2023 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 06 BAR LIQUOR LICENSE FOR FIRST WATER COCKTAIL BAR An application for a Series 06 Bar Liquor License has been submitted by Justin N. Evans with First Water Cocktail Bar, located at 1545 E. Broadway Avenue, Apache Junction, AZ, 85120. The Arizona Department of Liquor Licenses and Control received the application on October 17, 2023, and the Apache Junction City Clerk's Office received the application from them on October 19, 2023. The Notice of Public Hearing was posted at the premises on October 31, 2023, which allowed for the 20-day Notice as required by state law. The applicant was notified by first class mail and e-mail of the public hearing date and was encouraged to attend to address any questions council may have. 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. Apache Junction Police Department, Planning and Zoning Department, and the Superstition Fire and Medical District find compliance with the inspection requirements and recommend approval. The Building and Safety Division recommend denial as the proper permits have not been acquired. Their responses are attached in Legistar for your review. The city council may now make a recommendation continuation, denial or approval 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. This is a continued item from the November 21, 2023, regular council meeting. The decision to continue this item was to allow more time for the applicant to pull the proper permits with Building Division. S:City Clerk/Liquor Licenses/Applications/First Water Cocktail Bar/Memo To Council 300 E.Superstition Boulevard ®Apache Junction,AZ 85119 - ply:(480)474-5092 www.apachc�junctionaz.gov State of Arizona Department of Liquor Licenses and Control Create /1712 23 @ 03:17:35 PM Local Goveming Body Report LICENSE Number: Type: 006 EAR Name: FIRST WATER COCKTAIL EAR State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 1545 W BRAODWAY AVENUE #101-103 APACHE JUNCTION,AZ 85120 USA Mailing Address:: 3677 E LESLIE DRIVE GILBERT,AZ 85296 USA Phone: Alt. Phone: Email: L AGENT Name: JUSTIN tNICHOLAS EVANS Gender: Correspondeiiee Address: 3677 E LESLIE DRIVE GILBERT,AZ 85296 USA Phone: Alt. Phoiic: Email: Name: FIRST WATER COCKTAIL EAR LLC Contact Name: JUSTIN EVANS Type: LIMITED LIABILITY COMPANY AZ CC File Phimber: 23577151 State of Ncorporatioii: AZ Incorporatioii Date: 08/31/2023 Correspondence Address: 3677 E LESLIE DRIVE GILBERT,AZ 85296 USA Phone: Alt. Phone: Entail: Officers/Stockholders Pa-c f of 3 Narne: 'Title: %Interest: JUSTIN NICHOLAS EVANS Member 100.00 MemberFIRST WATER COCKTAIL BAR LLC - Marne: JUSTIN NICHOLAS EVANS Gender: Correspondence Address: 3677 E LESLIE DRIVE GILBERT,AZ 55296 USA Phone- Alt. Phone: Email: Pia-e 2 of 3 AiPLICATION INFORMATION Application Number: 262169 Application Type: New Application Created Date: 10/06/2023 E:::=::::Q:U:E:S:T1:0=NS :&:AN=SW E=RS 06 Bar 1) Are you applying for an Interim Permit(INP)? No 2) Provide name,address, and distance of nearest school. (If less than one(1)mile note footage) AVALON SCHOOL- 1 MILE 1045 S SAN MARCOS DR APACHE JUNCTION,AZ 85120 3) Are you one of the following?Please indicate below. Property Tenant Sub-tenant Property Owner Property Purchases- Property Management Company 4) Is there a penalty if lease is not fulfilled? Yes What is the penalty? $137,772.00/3 YID GUARANTY 5) Is the Business located within the incorporated limits of the city or town of which if 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? 12/31/2023 P<atic 3 of 3 .-.-.ter. ..... ..,... ,.- ....�.. �...........-01 ti cq -�`'� 1'_ :,�;�._.. �' @_,�„,. L � t @ � .''`�•. is Y W ; 2 list zr RHO iR w� y r a; t y 5> � � 1p P Rf2 o FIRST WATER A TENANT IMPROVEMENT 1545 W. BROADWAY AVE., SUrTE #101-103 APACHE AMMON, AZ 85120 Arizona a art e of Liquor Licenses and Control " 800 W Washington 5th Floor R , � Phoenix, AZ 85007-2934 www.azliquor.gov (602) 542-5141 1Z0 QUESTIONNAIRE A. . - , - 10 Type or Print withlac Ink The fees allowed by R1 -1.102 will bo charged for all dishonored checks. =_ATTEN"ONP .ICAfT: This is a legally binding document. Please type or print in §lack Ink. An investigation of your will be conducted. Incomplete applications will not be accepted. False or misleading answers may resultin the ocation of a license or, permit and could resultin criminal prosecution. Attention l c v rrlrrt n Social security and birth date infor ationisconfidential.Thisinformationmaybegiventola enforcement a enciesfor ba iround checks ofll QUESTIONNAIRE IS TO BE COfJIPLETED BY EACH CONTRO .LING PERSON,AGENT ANO ANAGER BEINt DI CIO ED TO TtIE DEPARTMENT. EACH " PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A S 22 FEE.FINGERPRINTS UST BE DONE Y A LAW ENFORCEMENTA C FIDE FI G IT SERVICE. 1. Check the Appropriate Box Controlling Person Agent ElPremises manager com lete all miantinns exce t#12 2. Name: Birth Dat First Mtddte' 3.Social Security Driver License :, St ate: 4. Place of birth ,.®., T ear IHei ht:m Weight Eyes:_ Hair t lnoto 5. Name of current/ ostrecentspouse: ''�� t i `' Birth Date Last First Middle (NOTa public re rardl 6. Are you a bona fide resident of Arizona? S's o If yes, whatisyour date ofresidenc : I' a(C 7. Daytime telephone number: -mall address: ` '' t Business Phone / ' � / 8. Business Name: _ jo 9. Business Location Atldress: J! Street (do not use PO Box) City State County Zip 10, List our e ' to meat ort Do of business Burin the ast five '5 ears. if unem to ed retitedt orsttld nt iisteesidence address. FROM To DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Month/YearMonth/Year Street Address,C' ,State&Zi CUETI (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/11/2018 Pagel of 2 Individualsrequlring ADA accommodations pie ase c all(602)542-2999 l L IC I "g L1911: Lid M;2 ,OPp ' =uk FINGERPRINT VERIFICATION " Job#: Pl w, n FORM Date A774 Arizona Department of Liquor Licenses and Control Csx: � 800 W.Washington St. 5"Floor Phoenix,f.Z 85007 x° (602)542-5141 ATTENTION FINGERPRINT TECHNICIAN: Please follow the instructions below for fingerprinting this applicant: 1. Please fill out or ensure that the applicant has filled out all the required boxes on the fingerprint card prior to taking the fingerprints. 2. Request a valid, unexpired government-issued photo ID from the applicant and compare the physical descriptors on the applicant's photo ID to the applicant and to the information on the fingerprint card. 3. Fill out the information in the boxes below. 4. Once the prints have been taken, place the fingerprint card and this form into the envelope and seal it. Please write your name or identification across the edge of the seal. Return the sealed envelope to the applicant. o nf ve f1 e or fol r f f f et fr It c r ffi o f`if f fra inside e thlSaKelope. PRINT the following information: TDate Name of Applicant: M/5 23 ,5k _IT Name of Fingerprint Technicl Fingerprint technician' nature: Fingerprint technician's Agency/company Name: Phone Number: Arizona Livescan Fingerprinting 4802848470 Type of Photo ID Provided(check one). Driver's License Passport 0 Other(Please specify) 10/20/2022 Page 1 of 2 Individuals requiring ADA accommodations please call(602)542-2999 r (. s ALIEN STATUS r� Arizona Dept, of Liquor Licenses and Control 800 W. Washington St. 51h Floor Phoenix, AZ 85007 (602) 542-5141 Type or PrInf wffh Black Ink Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"),8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non- exempt"qualified aliens" (and sometimes only particular categories of qualified aliens),nonimmigrant, and certain aliens paroled into the United States are eligible to receive state, or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit. Arizona Revised Statutes § 41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law. Directions:All applicants must complete Sections I,11,and IV.Applicants who are not U.S. citizens or nationals must alsol ci III. Submitis completed form and a copy of one or more document(s)from the attached"Evidence of U.S. Citizenship, U.S. National Status,or Allen Status"with your application for license or renewal.If oes not containo cs s _ i ove e l s e oco n t I a tr to o You must submit supporting legal documentation(i. . marriage certificate)if the name on your evidence is not the same s your current legal name. SECTIONI—A PPLICANT INFORMATION APPLICANT NAME (Print or type) SECTION II—CITIZENSHIP OR INATIONAILDECLARATION Are you a citizen or national of the United States? Ye No-If yes,indicate place of birth, City State COUNTRY J09- If you answered Yes, 1 Attach alegible copy of a document from the list below, ) Nameof document: ' � '. µ 'x If you answered No,you must complete Sections III. 7/21/2022 Page 1 of 3 Individuals requiring ADA accommodations please call(602)542-2999 SECTION III—QUALIFIED ALIEN DECLARATION Applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropriate box. Attach a legible copy of a document from the attached list or other document as evidence of your status. Name of document provided Qualifiled Aliens (8U.S.C.§ 1621 (a)(1),-161O and (c)) 1.An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA) El 2.An alien who is granted asylum under Section 208 of the INA. El 3.A refugee admitted to the United States under Section 207 of the INA. El 4 An alien paroled into the United States for at least one ear under Section 212(d)(5) of thelNA. El 5.An alien whose deportation is being withheld under Section 243(h) of the INA. El 6.An alien granted conditional entry under Section 203(a)(7) of the INA as in effect prior to April 1,1980. .An alien who is a Cuban/Haitian entrant. El 8.An alien who has,or whose child or child's parent is a"battered alien"or an alien subject to extreme cruelty in the United States Nonimmigrant t (8 U.S.C. § 1621 (a)O) 9. A nonimmigrant under the Immigration and Nationality Act (8 U.S.0 § 1 101 et seq.] Non-immigrants are persons who have temporary status for a specific purpose.See 8 U.S.0 § 1 101(a)(15). Alien Paroled into the Uniteds for Less Than One Year (8 U.S.C. § 1621(a)(3)) 10. An alien paroled into the United States for less than one ear under Section 212(d)(5) of the INA Other Persons (8 U.S.0 § 1621 (c)(2)(A) and (C) 11. A nonimmigrant whose visa for entry is related to employment in the United States,or 12. A citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658 (or a successor provision) is in effect [Freely Associated States include the Republic of the Marshall Islands, Republic of Palau and the Federate States of Micronesia,48 U.S.C.§ 1901 efseq.]; 13. A foreign national not physically present in the United States. 14. Otherwise LawfullyPresent 15. A person not described in categories 1-13 who is otherwise lawfully present in the United States. PLEASENOTE:The federal Personal Responsibility and Work OpportunityReconciliation Act may make persons who fall into this category ineligible for licnsur .See 8 U.S.C. a { 44LV Print Name urn Date 7/21/2022 Page 3 of 3 Individuals requiring ADA accommodations please call(602)542-2999 n-s cs l ifi f ti f -sc ii F" r n- cincl off-scal t A Certificate of Compieiion musi tie, on ci ror °faro"tea fit 5 "day tit gait aYa� � 1(„ O 'f of,5�C40,:fr, Certificates are coc)m lete.d by ca stcAte- capprovad tnninineg provider and, wh n issued, the Orti tpraf i i' `"to sir r t�i t9at ., a Y: r at:fioipciaat. Thc-t xtort�n rrecluli s BASIC Tetto 4 training c nty>cas c'l j-ir r <j,U1 it r fair MANAOEMIEWT Titka'4 froinIt"i orw cis C3 resuf of'0 ficl ae t'ICYW' iIcOatic°an. ParscDns recicatresi ci to hcxvo"BASIC Title 4 troinir^r+, are Rsfecl Of the,40 BASIa Title ^b Tresining ci conc6iNon of rnr ployrraent, A repicicenkent Certificate of C ompletiion F r title 4 tr iritsafl rn6ii t>'62 h two yec3 s aftctr that training s a `c�orlt lnfc)rmcat3csn , US ifI Evans , 77 1I m it print 5026 Trainino Cca #alet(cara Caa te' cs aft i q 1r oti ooSato (, ,eqrs Irom 06p,66tion c9 ato) Trs ir"",n: P�rf e �r lnfot moil i co rl n1 vY a i - .g ix, Arizona 85021 Mailing Acidness ®coytirne Contact Phone Number 1, aJ e S La_S A 1 t a m f r a n o certify thcst the cs ov ncim ci inc3ivictucfl ciicl sUcc>vssfully cornpl t Instruc.torNcama (please print):. Title 4 BASK Trc:iinincg in ciccorcJonc withA.R.S. 4-1 12((:3)(2) onci Ariz®ncM Acinninistrcitive Cc>c10 (A_A_Cm)R19-1-103 using tresininig cc>urs ccsnt nt csnod mc3t ricals cippr v cl by thso Arizcanci D iacirtrnont of Licluor Licons s cincl CcDntrczlm I and rstcinci thacAt misusoe of this C rtificcat of C p titan coin result in thea r vcacc ltion oaf StcatEB!-c ippravefl fcsr the Title 4 Trc ininp Provider ncgmtecl in this s cticn cis prcavicI ci by A.A.C. R19-1-103(E) can (F). it as#rttC f r Signature 0"Y Me Year Parsons rdquired to complete BASIC &. MANAGEMENT Title 4 training: 1) owner(s) actively involved in the dcoily business opercations of o lipucr- Ilcansad business of a series listed below 2) liconsoes, agents and managers actively involved In the daily business operations of a liquor-licensed business of a series listed below In-state Microbre ery(series 3) Government (series 5) Bar (saries 6) Bear&. wine Bar (series 7) Conveyances (sarias 8) Liquor Store (series 9) Private Club (series 1 4) Hotel/Motel wlrestaurant (series 1 1) Restaurcint (series 12) In-stcite Farm winery (series 13) Beer&, wine Store (series 10) Liquor license capplicatians (initial and renewal) are not complete until vc ld Certificcrtos of Completion for all required persons have bean subrnittad to the [Dapcirtment of Lic uor. The questionnosire (whi(--h designates a monooer to o location) and tho agent change form (which assigns a new agent to active lipuor Ilcansos) are not complete until valid Certificates of Completion for oil required persons have been submitted to the i]epc artm<--nt of Liquor. ABCA-112 F2E=-V. 11116 Cc>mp[ tic3n r Tit L i a �,. r.L Trciining A C-ortefle'cato aaf Completion must tao on, o fQrrvv pr vk cd A:JV'tt"tom ✓ t afire Comple-rod by c3 Mote:.::. opprsaavo-o it-caining pro vic ie-r—o cl, whorl issuect, the, Certifft-ottv is sie, nso i:>Y farce of `mod rtl ,iF Yat. Bcssio Title 4 troining is ea tsrorercluisito for MANACv mm4 'T1t " 3t' trtta ti° st: r U i,krOt 0a �. tftta t6es4ia e fc r SASIC Palo 4 Tr ining Most r-A Or) Me- ot they Oo-por'trrio-nt of 1<11c{uor c:ino scrtistc:xotorY to:••t #r� ligsrr'a s�P��z �,.�,,""t .!` ref t i' *r°e; +;;t.i3��#�,�t`titir�° .r,� r r'sr,r r;r�rtsst t:a**�rcorjta Oy+".ti�s.cr ticiinin g provklo'.prior. to issuing ca Corf'sfic Coto of a g�io#¢sera for N 4 tr'fgftss s eop8eso MErri4 ortSf gate oP A Yr b€airt g"e r asi s �wcr®iokal� 4@"tersra ke'+4'fti r"tr rr41¢��.g r Sit c t s`r t a! Vc4ors olkz�f thim Irpia ing Ce-ornpiotion cicate. ` Student,In, sr m ti r t juse h Evans Lati f �t�t t so ririf 2026 1 J f ! 1l 1 Troining4 C,OM€p o or^r f f _�r s3iflr x x t 4r ti srs;r)ate- Trqj,'N °"ao f r 1mf r !f:> 1 � Educ;aVan .o€"t�rftr°ty Nr.grra� Mcarling At s rt ', �II-1IIIIIII. Dny lime Cdonfeact E't-acano Nvrn sesr IP; e s u l ..w cai _ '_r ::.. rtify th t the cs �a nc3mect indiviciuc:0 click su s� ssfuily mp] t fna -r¢�s®Tor Nmo:(Piesc:sso print) °iME). 4 M^NAC,-EMENT Tnoili ain in a rc n ith ^R.S. 4-1 12( )(2) oinci Arizc�ncs Aciministirc3tivf-ac>Ci ( .A_(--e)R 1 9-1-1 03 using trcxinin aursE-- c)nt n-t (::ncl mczit dcfls ppf-<Dvepci t>y the rimon pct nt of Licpu r �-%,e UCEtnses ear-) antr i_ I UncJ i-stcA c! that misusfe csf this rtificest of Ca p_al ti n acorn r SUlt in th rc--vc3 Mc>n csf ° . Stet - p rtav I f<Dr th Titt Trciir-ain Pr stir r ncs ci in this sic tic n s pravi6 cl kay .A. _ R 1 9-1-1 3( ) anc� ( )e r d _ Instru tc r Dciy NAo Yeor F'oesc>ns s-oc3uirocJ to (--ornplofe BA SiC & A NA E ENT Trtlo 4 tresinir c;f* 1) wrraor(s) ootively EnvcAv ci in the dilly ousiraoss cap rcitions of o liquor- its erased l"ausrriE- s of ca scarier=, 8istod kzsolctw 2) diconsoo$, et: ac-nts ond cwiog(Drs active y jnv�slvoc#in thso a_4oity ousinoss oFzorngians of cx llquer-810Emsoei business of o serios iistPC3 t:fel w pq In-slog MiCrolbrawory (s rios:3) stews ar rr c r fi (s rios 5) Bcar (sorlc�s ,6) Lg s r Wirco Bor (srerlos 7) Convoy taws' isf3stes.8) Lspwcor 5tor (weer 9). Pri'yv'cato Chits fsorios 1.43. 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ABCA-121 REV-06118 Amy Greening From: Yvette McKinney Sent: Wednesday, November 15, 2023 11:06 AM To: Amy Greening Subject: FW: First Water Cocktail Bar Liquor License Application From: Danny Saldana <dsaldana@apachejunctionaz.gov> Sent:Tuesday, November 14, 2023 4:47 PM To:Yvette McKinney<mckinney@apachejunctionaz.gov> Subject: Re: First Water Cocktail Bar Liquor License Application He[to Yvette, I met with Justin Evans at 1545 W. Broadway Ave. and conducted an inspection of the property. At this time, the Apache Junction Police Department has no concerns with the issuance of the license. Thanks Daniel Saldana Lieutenant-Support Services Apache Junction Police Department (480)474-2629 dsa Ida na a ache'unctionaz. ov -------------------------------------------------------------------------------------------------------------------------- From:Yvette McKinney<mckinneV@apachejunctionaz.,gov> Sent:Thursday, November 2, 2023 3:36 PM To: Danny Saldana<dsa Ida na@apachelunctionaz. ov> Cc:Thomas Parker<tparker@apachejunctionaz.gov>;Joseph Penze<jpenze@a acheiunctionaz.gov> Subject: RE: First Water Cocktail Bar Liquor License Application Thanks much, I will watch for a response from one or the other....... Have a great afternoon, Evie Ext 5061 From: Danny Saldana <dsaldana@apache junctionaz. ov> Sent:Thursday, November 2, 2023 2:17 PM To:Yvette McKinney<mckinney@apachejunctionaz.gov> Cc:Thomas Parker<tparker@apacheejunctionaz. ov>;Joseph Penze<j_penze@apachejunctionaz.gov> Subject: Re: First Water Cocktail Bar Liquor License Application Hello Evie, 1 I will not be in tomorrow as I will be out of the country until this Monday and will be in training in Phoenix on 11/7,8, and the 9th . I will not be able to complete the inspection by this deadline. I will forward this to Lieutenant Parker to see if he can help me. Thanks Daniel Saldana Lieutenant-Support Services Apache Junction Police Department (480)474-2629 dsaldgna_@apachE°unctionaz.gov From:Yvette McKinney<mc innelpa ache°unctionaz, ov> Sent:Thursday, November 2, 2023 2:12 PM To: Danny Saldana<dsaldana a ache unctionaz. ov> Subject: First Water Cocktail Bar Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, November 3, 2023, in order for this item to be on the November 21, 2023, City Council meeting. Thank you, Evie McKinney mckinney@apache'uncfionaz.gov Ext 5061 r = City Of Apache Junction 300 E. Superstition Blvd, Apache Junction, AZ 85119 City Full Hours Of t perafion ZAt - 6PM, Monday fhrOuc h 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 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. 2 GreeningAmy From: AdhenAlegha Sent: Wednesday, November 15, 2023 11:21 AM To: Amy Greening Co: Yvette McKinney Subject: Re: First Water Cocktail Bar Liquor License Application Good morning Amy, The GppUC@Ot (Mr. Evans) needs tO apply for @bUiidingpermit. At his time the Buiiding Safety and Inspections Division can not approve the Series O0G Bar Liquor License 8ppUC8tiOn based OO the/UOC|07-1-G (A) Th8nhyOU' Adrian AKegr~a Building and Safety Manager / Building Official Development Services / Building Safety and Inspections Division City nf Apache Junction 300E. SuperstiUmn8Lvd. Apache Junction, AZ 85119 480-474-5494` Off ice Hours- Monday—Thursday 7:00am—6:00pm' Closed on Fridays From:Amy Greening<a0neeninQ@apachejunctionao.Qov> Sent:Wednesday, November l5, 282] 11:I3AM To:Adrian A|e0ria«aa|eQria@apachejunctiunaz.Qov> Cc:Yvette McKinney«mckinney@apache]uncdonaz.0uv> Subject: FVV: First Water Cocktail Bar Liquor License Application Hi Adrian, 1 Please advise on the below email by noon today so we can add this item in Legistar in time for the meeting. Thank you! Avv.l Creevdv,,g Administrative Assistant City Clerk's Office From:Yvette McKinney Sent:Thursday, November 2, 2023 2:12 PM To:tina. erola sfmd.az. ov; Richard Mooney<richard.mooney sfmd.az.gov>; Rudy Esquivias <resquivias@apache'unctionaz.Eov>; Adrian Alegria <aa!e ria a achejunctionaz. ov> Cc:Jennifer Pena < ena a ache unctionaz. ov>; Donna Scruggs<dscru s a ache*unctionaz. ov>; Dana Martin <dmartin a acheiunctionaz. ov> Subject: First Water Cocktail Bar Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, November 3, 2023, in order for this item to be on the November 21, 2023, City Council meeting. Thank you, Evie McKinney mckipneyffapacheLunctionaz.Eov Ext 5061 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operatlon 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 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. 2 Amy Greening From: Rudy Esquivias Sent: Wednesday, November 8, 2023 11:40 AM To: Yvette McKinney;Tina Gerola; Richard Mooney;Adrian Alegria Cc: Jennifer Pena; Donna Scruggs; Dana Martin; BuildingPermits;Victor Martinez; Stacey Grant; Planning Subject: RE: First Water Cocktail Bar Liquor License Application Attachments: Application - Redacted.pdf Evie: Development Services has reviewed this application. The property is zoned B-1 (General Commercial),which allows bars and restaurants outright. There are no zoning objections to this business being located at this location. However, Code Compliance staff noticed that work is being done without a permit and placed a "Stop Work" order at the site. The applicant must apply for a building permit and submit plans to perform a tenant improvement remodel, including a change of occupancy(which was also noted by the Fire District). Please have the applicant contact the Building Division at 480-474-5156 to enquire about proper permits. Thanks. c&4 s?uivia.6 Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 ro squivia.s@ap cliejuriction z .gov (Development Services Department office hours: Monday through Thursday from 7 :00am to 6:00p , closed Fridays and Holidays. ) From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Thursday, November 2, 2023 2:12 PM 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:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: First Water Cocktail Bar Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, November 8, 2023, in order for this item to be on the November 21, 2023, City Council meeting. Thank you, i Evie McKinney mckinne1@ jach unctionaz. av Ext 5061 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City i-iall 1-lours 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 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. 2 Amy Greening From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Tuesday, November 7, 2023 4:45 PM To: Yvette McKinney; Richard Mooney; Rudy Esquivias; Adrian Alegria Cc: Jennifer Pena; Donna Scruggs; Dana Martin Subject: RE: [External] First Water Cocktail Bar Liquor License Application Good evening. The SFMD recommends approval of this liquor license application. Thank you. Tina GerolaDeputy Fire Marshal Superstition Fire & Medical District Office 1 (480) 982-4440 ext. 104 Mobile � (480) 416-9775 Website � �tf .=az. ov From:Yvette McKinney<mckinney@apachejunctionaz.gov> Sent:Thursday, November 2, 2023 2:12 PM 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:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctionaz.gov> Subject: First Water Cocktail Bar Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Wednesday, November 3, 2023, in order for this item to be on the November 21, 2023, City Council meeting. Thank you, Evie McKinney mcki I@ oache"unctionaz. ov Ext 5061 City Of Apache Junction 300 E. Superstition Blvd. i Apache Junction, AZ 85119 City Flail 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 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. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 23-660 Sponsor:Tess Nesser Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Discussion on Apache Junction City Code,Vol. II, Land Development Code, Zoning Ordinance, § 1-16-12 (D), relating to Apache Junction Planning and Zoning Commission's approval authority for conditional use permits with any appeals being filed with the Apache Junction City Council. City of Apache Junction,Arizona Page 1 Printed on 1113012023 § 1-16-12 CONDITIONAL USE PERMITS, ADMINISTRATIVE USE PERMITS AND BUILDING PERMITS. (A) Authorization and applicability. It shall be unlawful to erect, construct, reconstruct, alter or change the structure, land and/or use of any property within the city without first obtaining the required building permit, administrative use permit, and/or conditional use permit from the Development Services Department. (B) Building permits. The City of Apache Junction Building Official and the city's adopted building codes establish the requirements and procedures for building permits. (C) Administrative use permits. An Administrative Use Permit ("AUP") may be approved by the Zoning Administrator following review of the application and a finding that the use and/or structure complies with specific standards specified for such use and/or structure in the Zoning Code. Uses and/or structures requiring approval of an AUP, along with permit approval criteria, are identified in Tables 5-1 and 5-3 (see Vol. 1_1,, §§_1-5-1 and 1-5-3). (D) Conditional use permits. Conditional uses are those uses that are generally compatible with the land uses permitted by right in a zoning district, but which require individual Planning and Zoning Commission review and Conditional Use Permit ("CUP") approval of their location, design, operation and configuration along with the imposition of conditions in order to ensure the appropriateness of the use at a particular location. Uses requiring a CUP are identified in Tables 5-1 and 5-3 (see Vol. I and 1-5-- 2). The CUP application and process requirements are as follows: (1) CUP application. An application for a CUP shall be filed with the Development Services Department in accordance with the "City of Apache Junction Conditional Use Permit Application Checklist" available at the Development Services Department. (2) CUP public hearing and notice. The Commission shall hold a public hearing on any proposed CUP or CUP amendment, and provide the following notice. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Commission or Council. (a) Newspaper publication. Notice of the time, date and place of the hearing, including a general description of the matter to be considered and a general description of the area affected, shall be published in a newspaper of general circulation that is published or circulated in the community. The publication notice shall be at least 15 calendar days before the hearing, and shall be published as required by A.R.S. § 9- 462.04, as amended. (b) Property posting. The notice of public hearing shall be posted by the applicant in accordance with the instructions provided in the application form. (c) Mailing notice. The city shall notice by first class mail each real property owner, as shown on the last assessment of the property, within 300 feet of the property subject to the CUP proposal. (3) Findings. A CUP may be granted upon a finding by the Commission that the use covered by the permit, the manner of its conduct, and any structure involved will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood, or to the public welfare in general. The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. In arriving at the above determination, the Commission shall consider but not be limited to the following factors: (a) Adequacy of roadways, off-street parking, public facilities and services to accommodate the proposed use; (b) Negative impacts arising from the emission of odor; dust,'gas, noise, lighting, vibration, smoke, heat or glare, (c) Contribution to the deterioration of the neighborhood or the negative impact on neighborhood property values; (d) Compatibility with surrounding uses and structures; (e) Conformance with the General Plan and city policies, (f) Screening and buffering of uses, and (g) Unique nature of the property, use and/or development's physical characteristics. (4) CUP modification of dimensional zoning standards. When a proposed development exhibits unique characteristics related to land, topography, architectural style, scale, historical interest or other distinguishing feature that necessitates a measure of regulatory relief, CUP modification of certain dimensional zoning standards' may be approved by the Commission in accordance with the findings described above in I. II 1-16-12(D)(3). The following dimensional zoning standards may be subject to this type of modification:< (a) Accessory dwelling units. Accessory dwelling unit size and height standards required in col. II -5-10 of this Chapter may be modified. (b) Accessory structures. Accessory structure size, height, design and setback standards required in Vol. 11 1-6-5 may be modified. (c) Landscaping. Landscaping size, type, amount and location standards required in idol. II,mArticxle 1-3 may be modified. (d) Signs. Sign size, type„amount and location standards required in idol. II., Article 1-11 may be modified. (5) Expiration. Cs granted by the Commission shall be void if the use is not commenced within 12 months of the approval date or within the time stipulated by the Commission; (6) Revocation. An approved CUP may be revoked by the Commission following public hearing and a finding that there has been material noncompliance with any condition,'prescribed in the permit and/or the use generates a demonstrated public safety, health or welfare concern. (7) Appeal and City Council review. The approval or denial of a CUP by the Commission shall be final unless, within 20 calendar days from the date of the Commission's decision, the applicant or any,persons aggrieved by the decision appeals the decision to the Council. The appeal shall be in writing, filed with the Development Services Department, and shall indicate how the Commission was in error. The appeal shall be accompanied by a fee equal to 0% of the original filing fee. The appeal shall require a Council public hearing and notification provided in the same manner as required for the Planning and Zoning Commission hearing. The Council, at its public hearing, shall uphold, modify or overrule the decision of the Commission. The decision of the Council shall be final: (Ord. 1402, passed -6-204) ORDINANCE NO. 727 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING SECTIONS 6..0101, 21.43, AND 21.46 OF THE AP ACHE JUNCTION, ARIZONA, ZONING _ ORDINANCE TO AUTHORIZE THE PLANNING AND ZONI G CGMMISSION _TO GRANT COWNDITIONAL USE PERMITS AND TO PROVIDE AN APPEALS PROCESS FOR THOSE DECISIONS TO THE CITY COUNCIL; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED Y THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT. SECTION I IN GENERAL The Apache Junction, Arizona, Zoning Ordinance is amended by amending Section 6 D1D1, Sections 21.43 and 21.46 to read as follows SECTION 6.0101 CONDITIONAL USE PERMITS 1. Intent There are certain uses which are normal and complementary to permitted uses in a district, 'but which by reason of their infrequency of use, high degree of 'traffic generation, requirement of large land area, or other physical or operational characteristics are often unnecessarily incompatible with adjacent activities and uses. It is the purpose of this section to establish principles and procedures for proper guidance and control of such uses. Conditional use permits, permitted by this ordinance, may be granted at the discretion of the Planning and Zoning Commission. A conditional use pewit is not the automatic right of any applicant. 2. Application Procedures Applications for conditional use permits shall be made to the Commission on a standard form provided for that purpose and shall be signed by the real property owners of the property to which the permit would apply and shall be accompanied by: as Proof of ownership. b. Filing fee in the amount of $155.00. C. County Assessor's map of the site and the area within 300 feet of the site d# An accurate verified list made within thirty 34 days previous to filing of the application giving the names, addresses, and parcel numbers of the owners of all properties lying within 300 ORDINANCE NO. 727 PAGE_ ONE OF SIB feet of the proposed change. For the purposes of compiling the list of said property owners, the applicant shall utilize the records of the County Assessor's Office. e. Specific details of the proposed use, a scaled site plan, and the exact specifications of the structure or area in which the use will be conducted. The Site Plan shall indicate existing and proposed conditions, and shall include the following items at a minimum: 1) Location and elevation of structures Z) Parking and loading areas 3) Driveways Landscaping 5) Easements 5) utilities ) Drainage features ) Signs ) Refuse collection . Public Nearing and decision Every application shall be considered by the Planning and Zoning Commission at a public hearing. Notice of the time, date, and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area to be affected, shall be given at bast fifteen 15) days before each hearing. The notice shall be published one 1) time in a newspaper of general circulation, published or circulated in the City of Apache Junction, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten 10) public places in the municipality. The Planning Department shad cause to be notified by certified mail , all property owners within 300 feet of the property for which an application has been filed Following the public hearing, the Commission may grant a Conditional Use Permit stipulating those conditions it feels necessary to carry 4„ ORDINANCE NO. 727 PACE TWO OF SIB out the provisions and intent of this ordinance. At a minimum, all conditional uses shall comply with the regulations of the zoning district in which located. Conditional Use Permits may be revocable, conditional or valid for a time period. The approval of a request for a Conditional Use Permit, with or without conditions, shall be by resolution of the Planning and Zoning Commission. If a request for a Conditional use Permit is granted upon appeal , then approval shall be by resolution of the City Council conditional use permit may be granted only upon a finding by the Commission that the use covered by the permit, the manner of its conduct, and any structure involved will not be"detrimental to persons residing or working in the area, to adjacent property, to the neighborhood, or to the public welfare in general. The burden of roof for satisfying the aforementioned requirements sell rest with the applicant. In arriving at the above determination, the Commission shall consider, but not be limited to, the following factors: a. Adequacy of roadways, off-street parking, public facilities, and services to accommodate the proposed use, and provisions for upgrading or improvements; b. Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare; C. Contribution tote deterioration of the neighborhood or the down- grading of property values; d. Compatibility with surrounding uses and structures; e. Conformance with the General Plan, policies, and city standards and regulations f. Screening and buffering of rases. Such conditional use permits as are granted by the Commission shall be void if the use is not commenced within 12 months of such granting or within the time stipulated by the Commission, and may be revoked by the Zoning Administrator upon a finding that there has been material noncompliance with any condition prescribed in conjunction with the granting of a conditional use permit. Major modifications, changes, alterations, or increased use to conditional use permits may be granted by the Commission upon re- application and public hearing. Minor changes may be approved by the Zoning Administrator. 4. Appeal and Ct Council Review The approval , with or without conditions, or denial of a Conditional Use Permit by the Planning and Zoning Commission shall be final unless within twenty days from date of the Commission's decision the ORDINANCE NO. 727 PACE THREE OF SIX applicant or any persons aggrieved or any officer, department, office or board of the municipality affected by a decision of the Commission shall appeal therefrom to the City Council . .Such appeal shall be in N writing in care of the City Clerk and shall indicate where, in the opinion of the appellant, the Commission was in error. The appeal shall be accompanied by a fee equal to SG of the original filing fee. The City Clerk shall schedule the appeal for a City Council agenda. Every appeal shall be considered by the City Council at a public hearing, with 'notification of hearing given in the same manner as required for the Planning and Zoning Commission hearing. The City Council , at its public hearing, shall uphold, modify, or overrule the decision of the Commission. The decision of the City Council shall be final. 5; Additional Uses Permitted Conditional Use Permit n addition to the uses permitted y conditional use permit in specific zoning districts or elsewhere in the Zoning Ordinance, the following uses may be permitted by conditional , use permit in any districts a. Airport, heliport, or landing field . Amusement park or outdoor theatre C. Cemetery or mausoleum d. Circus or carnival grounds e. Community building or recreation Field f, Hospital , clinic, or institution g. Private and commercially operated swimming pool , tennis court, or other recreational facility h. Public or government buildings or facilities i> Rae track j. Resort hotel m Sports arena 1 . Zoo, public or private M. Privately operated sewage treatment facility ORDINANCE NO. 727 PAGE FOUR OF SIX Section 21.4 Authority for Conditional Use Permits a. When a Conditional Use Permit is required by this Code, said permit m Faust be applied for through the Planning Department on forms prescribed by the Planning Department. A Conditional Use Permit is not an automatic right of any applicant. The Planning and Zoning Commission shall hold a public hearing for all applications for Conditional Use Permits, consider all the factors relating to the proposed sign, and whether such sign would aversely affect public health, _safety, and welfare. b< A Conditional Use Permit for signs larger, higher, or greater in number than those allowed under this Code may only be granted by the Commission if circumstances warrant it. The approval of a request for a Conditional use Permit, with or without conditions, shall be by resolution of the Planning and Zoning Commission. If a request for a Conditional Use Permit is granted upon appeal , then approval shall be by resolution of the City Council ; Section 2 .46 Hearin on a Conditional Use Per it a. Planning and Zoning Commission Public Hearing A Conditional Use Permit application shall be considered at a public hearing by the Planning and Zoning Commission. The Commission may stipulate conditions to the granting of the Conditional Use Permit when in its judgment such conditions are necessary or desirable to accomplish the purposes of this section. The Commission may attach any conditions it deems necessary to carry out the provisions an intent of this Code. b. Appeal and City Cbtncil Review The approval , with or without conditions, or denial of a Conditional Use Permit by the Planning and Zoning Commission shall be final unless within twenty days from date of the Commission's decision the applicant or any persons aggrieved or any officer, department, office or board of the municipality affected by a decision 'of the Commission shall appeal therefrom to the;City Council . Such appeal shall be in writing in care of the City Clerk and shall indicate where, in the opinion of the - appellant, the Commission was in error. The appeal shall be accompanied by a fee equal to 50 of the original filing fee. The City Clerk= shall schedule the appeal for a City Council agenda. Every appeal shall be considered by the City Council at a public hearing, with notification of hearing given in the same manner as required for the Planning and Zoning Commission hearing. The City Council , at its public hearing, shall uphold, modify, or overrule the decision of the Commission. The decision of the City Council shall be final ORDINANCE NO. 727 PACE FIVE OF SIX SECTION 11 REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, scab-section, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalidor unconstitutional by the decision of any court of competent ;jurisdiction, such decision shall not affect the validity of the remaining tin thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF A A H JUNCTION, ARIZONA, THIS 6TH DAY OF MARCH 1 SIGNED AND ATTESTED TO THIS 7H DAY OF MARCH 1 Ken th Bluntschly Mayor ATTEST: Cathleen Connelly City Clerk APPROVED AS TO FORM: _'L C -_t. /" David",F lean City Attorney ORDINANCE HC 727 PACE SIX OF SIX City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 23-663 Sponsor: Matt Busby Agenda Date: 12/5/2023 Index: In Control: City Council Meeting Presentation, discussion, and possible consideration of Resolution No. 23-38, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Pinal County Flood Control District for the Superstition Basin Flood Control Project in the amount of $1,633,005.45. City of Apache Junction,Arizona Page 1 Printed on 1113012023 RESOLUTION -3 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF' THE CITY C AP ACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE PIN AL COUNTY FLOOD CONTROL DISTRICT FOR THE SUPERSTITION BASIN FLOOD CONTROL PROJECT" WHEREAS, the City of Apache iundtion ("Ciity,,) and the Pi nal County Flood Control District ("District"') desire to enter into an intergovernmental agreement ("ICIA" for the construction detention ba,5in intended to reduce flooding hazards impacting residents and businesses known as the Superstition Basin (the "Project") Located roughly on the southeast corner or Idaho Road and State Route 8; and WHEREAS, pursuant to A.R.S. § i :I--3 ( , public entities may enter into IGAs with other municipal i ties and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written cost sharing agreement (see Exhibit in the form of an IGA which formalizes the arrangement; and WHEREAS, the District will contribute 50% of estimated basin in construction cast with the City contributing the other 50 , with both entities paying 1 33 005. 5. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHP JUNCTION ARI O A AS FOLLOWS: 1) The mayor and city council hereby approve the attached I A and the mayor is hereby authorized to sign the agreement on behalf of the City. The city managerand/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2023. SIGNED AND ATTESTED O THIS DAY OF 2023, RESOLUTION NO. 23-38 PAGE 1.;OF 2 W L'IER "CHIP"' 7ILSON Mayor ATTEST: JENNIFER PENS City Clem APPROVED , S TO FORM: City Attorney RESOLUTION No. 23-38 PAGE 2 OF EXHIBIT A When Recorded Returnto: final County Flood Control District Christopher w narn ker,PE,CFI Florence Street PO Box 72? Florence,Az 85132 INTERGOVERNMENTAL AGREEMENT For the CONSTRUCTION,OPERATION AND MAINTENANCE Of the SUPERSTITION BASIN FLOOD CONTROL PROJECT Between the CITY OF APACt E JUNCTION And the PINAL COUNTY FLOOD CONTROL DISTRICT Agenda to This INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into by and among INAL COUNTY FLOOD CONTROLDISTRICT, political subdivision of the State,acting by and through its Board of Directors(hereinafter referred to as"DISTRICT")and the CITE'OF PACHE JUNCTION, an Arizona municipal corporation(hereinafter referred to as "APACHE JUNCTION"). DISTRICT and APACH JUNCTION N are hereinafter collectively called the "PROJECT �PJ T PARTNERS"or the"Parties"collectively,or as a"Marty" individually. This Agreement shall become effective as of the date it has been executed by all parties and shall be recorded with the Pnal CountyRecorder's Office. RECITALS I, The DISTRICT is empowered by Arizona Revised Statutes " .R. ." 48-3603, as amended, to enter into this Agreement and has authorized the undersigned to execrate this Agreement on behalf of DISTRICT, APA HE JUNCTION is empowered by Arizona Revised Statutes "A.I .S.") §§ 9-240 and 11-9 1 ef. sect. to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of APACHE JUNCTION. 1 3 The stop water flows in Goldfield Wash originate in the C rohai and Superstition Mountains in northeast APAC HE JUNCTION and surrounding unincorporated Pinal County. Tile contributing watershed flaws from northeast to southwest and crosses through the rural, suburban, and urban areas of AAPA.0 HE JUNCTION. Flooding from the wash in low-lying areas of APAC14E JUNCTION is seasonal.The wash is hydraulically active and routinely contributes to significant sediment transport which is commonly deposited within stt rmwate infrastructure and can roadway crossings downstrearn of State Route 88. 44: The flooding areas create challenging problems for development and redevelopment, The DISTRICT and APACHE JUNCTION partnered on the design for a proposed detention basin intended to reduce flooding hazards impacting residents and businesses known as the SUPERSTITION A I , hereinafter the "PROJECT". w The PROJECT site is approximately bound by State Route 88 to the north and west, Scenic Street to the south,and the Winchester Road alignment to the east and is primarily contained within APN 10 1-1 -026C},owned by Pinal County,within APAC EJUNC;TIO ,Township North, Range 8 East, Section 21 (See Exhibit A). The PROJECT seeks to mitigate flooding and ether significant stormwater impacts and sediment transport within existing stormwater infrastructure, in order to provide downstream risk mitigation.The PROJECT will enhance roadway safety and reduce destruction of critical infrastructure, while decreasing the burden of post storm cleanup services. & The purpose of this Agreement is to identify and dune the responsibilities of tile PROJECT PARTNERS, for the construction,operation,and maintenance of the PROJECT. AGREEMENT A Construction casts associated with the PROJECT are estimated to be 3,266, l tl.p a ) APAf E JUI C;TION's obligations: 1) Reimburse fifty percent ( %) of the construction costs incurred for the PROJECT based can reimbursement ent requests from the DISTRICT as set forth in Section C below. ) Within thirty (30) calendar days of receipt of a reimbursement request from the DISTRICT for APACHE JUNCTION's share of the PROJECT coast, reimburse the DISTRICT per the terms of this Agreement. Upon final inspection of the PROJECT, APAC HE JUNCTION will reimburse the DISTRICT for APA.0 HE JUN TION's share of the remaining coasts which have not been previously paid. 3) Exclude from the PROJECT the following costs.- a) Personnel and administrative coasts incurred by either PROJEur -PARTNER, and b) Costs associated with permitting and construction management. 4) Grant the DISTRICT permits at no cast for PROJECT-related activities within APACHE JUNCTION rights-cif-way or easements. 5) Participate in a final inspection of the completed PROJECT with the DISTRICT; ) Be responsible for operation and maintenance ofthe completed PROJECT,as follows: a) Perform maintenance activities to include, but not limited to: maintaining the flood control function of the PROJECT, with vegetation control and removal, debris and sediment removal, earth back fill to address soil removal, riprap replacement, etc: b) "Conduct inspections of the completed PROJECT annually and immediately following storm events meeting or exceeding the PROJECT design level. ) Be responsible for obtaining any necessary land rights and permitting for storage or deposition of spoils from the excavation of the basin. C) The DISTRICT TRICT obligations: I) Construct the PROJECT using DISTRICT funds and submit progress invoices to AP ACHE JUNCTION for reimbursement"according to the terrns in this Agreement. Reimbursement may be requested every thirty calendar days during construction, Construction will include, but not be limited o: casts for survey and materials testing to adequately determine location, grade and compaction requirements. ) Serve as the lead agency for the PROJECT, ) Contract for construction services to satisfy the intent of the PROJECT using a procurement process authorized by A.R.S.Title 41 x 4) Provide sufficient DISTRICT ICT staff` to manage and administer the PROJECT construction and fulfill all other requirements of this AGREEMENT, ) Submit reimbursement requests to APACHE JUNCTION for A ACH JU ICTIO 's share of the PROJECT casts. The rei riburseinent requests submitted to APACHE JUNCTION shall include copies of the P GJ CT-related billings, invoices, payment vouchers, change orders, or any other backup documentation establishing the amount paid and that the costs being invoiced to APACHE JUNCTION meet the requirements of this Agreement for reimbursement, f ) each PROJECT PARTNER,,and the PROJECT PARTNERS collectively, shall, 3 1) Comply with A.R.S.Sections 41-4401 and 23-214(A)as follows: a) Each PROJECT PARTNER to this Agreement retains the legal right to inspect the records of the other Parties and any contractor or subcontractor employees perforating work under this Agreement to verify compliance with A.R.S. Sections -4401 and -214(A): ) Failure by any PROJE T PA1 TNER to this Agreement to comply with AKS; Sections 41-4401 and 23-214(A) shall be deemed a breach of this Agreement which could result in termination of the Agreement. 2) Require that any contractor selected for the PROJECT: a arrant its compliance with all federal immigration laces and regulations that relate to its employees and their compliance with A.R.S. Section 23- 214(A) b) Agree that a breach of the warranty under paragraph 12.2.1 skull be deemed a material breach of contract which could result in termination of the contract, ) -Agree that the other PROJECT PARTNERs to this Agreement retains the legal right to inspect the papers of contractor or subcontractor employees who work on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph (a)above, d) Certify that it does not have a scrutinized business operation, as defined in A; ,S. Sections 35-391 and 35-393 in either Sudan or Iran. 3) Have the right, following mutual written agreement of all PROJECT PARTNERS, to delegate its responsibilities tinder this Agreement to another party. Any delegation, however, shall not relieve the delegating PROJECT PARTNER of its original responsibilities as defined herein: 4) In the case of any dispute over any items in this Agreement, agree to use their best efforts and enter into good faith negotiations to resolve the disputed natters. However, this shall not limit the rights of the PROJECT JEC}T PARTNERS ERS to seek any remedies provided by law. 5 Agree to equally share the cost of a PROJECT T'compliance and cost audit to be initiated within sixty(60)calendar days ofPROJECT completion, ifrequested b any PROJECT PARTNER. An independent auditing firm agreed to by the PROJECT PARTNERS will perform the audit,Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within forty-fie (4 ) calendar clays of acceptance by the PROJECT PARTNERS. 4 E) The PROJECT may be phased for construction due to funding or other coordination Issues. Responsibilities of PROJECT PARTNERS shall be phased accordingly, including, but not limited to, invoicing„ reimbursements, transfer of land tights and accepting of operation and maintenance. F f mutually acceptable to the PROJECT PARTNERS,S, PROJECT invoicing may he conducted periodically based on actual PROJECT COST incurred, no more frequently than monthly, in lieu of invoicing timelines otherwise established in this Agreement. G) To the fullest extent allowed by law, each Party (each; the "Indemnifying Party") shall indemnify, defend, and hold harmless each other Party(each, the"Indemnified Party"), their officials, board or elected members, officers, agents and employees,from any and all claims,demands,suits,actions,proceedings,loss,cast and damages of every kind and description (collectively, "Claims"), including any reasonable attorney fees, litigation expenses and/or arbitration expenses,which may be brought or made against or incurred by Indemnified Party on account of loss of or damage to any property or for injuries to or death of any person,to the extent caused by,arising out of,or contributed to,by reason of any omission, professional effort, fault, mistake or negligent whether active or passive, of Indemnifying Party, its officials, board or elected mernbers, dicers, employees, agents or representatives or subcontractors, their employees, volunteers; agents or representatives in connection with or incident to the performance of this Agreement. Stich indemnity shall not be limited by reason of remuneration of any insurance coverage herein provided. Every provision of this indemnification paragraph shall survive the termination of this Agreement. If any Claim by a third party becomes subject to this indemnity provision, the PROJECT PARTNERS to this Agreement shall expeditiously meet to discuss a common and mutual defense, including passible proportional liability and proportional payment of litigation expenses and damages. ) All notices or demands upon any PROJECT PAWFNER shall be in writing and shall be delivered in person or sent by rail addressed as follows: City of Apache.function C CU: City Engineer,Emile Schmid 300 E Superstition"Blvd Apache Junction,AZ 85119 Final County Flood Control District C/O:Christopher Wanamaker,PE,CF 85 N Florence Street PO Box '72 Florence,AZ 85132 1) Each PROJECT PARTNER will pay for and not seek reimbursement for its own personnel and administrative costs associated with this PROJECT, including but not limited to the following, unless specifically identified otherwise in this Agreement: design, contract preparation, construction, construction management, operation, maintenance, permitting, management,and administration. 5 J This Agreement shall expire 2 years trcaan the date of recording with the County Recorder or upon completion of the PROJECT and after all funding obligations and reimbursements have been satisfied in accordance with this Agreement,whichever is the first to occur. However,by mutual written agreement ofthe P OJECT PARTNERS,this Agreement may be amended or terminated. The liability,operation and maintenance, and indemnification provisions of this Agreement shall survive the expiration of this Agreement. K) This Agreement is subject to cancellation by either party pursuant to the provisions of Aw .S, Section 5-51 l t L Attache to this Agreement or contained herein are the written determinations atio by the appropriate attorneys for the PROJECT PARTNERS to this Agreement, that these agencies are authorized Lander the laws of the State of Arizona to enter into this Agreement and that it is in proper form. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS,S, the Parties agree that this Agreement shall be renegotiated upon mutual written request. The PROJECT is planned and designed to meet the recurrence interval of the l 0-year storm event within the roadways storm drain facilities, and channels and this level of protection is specifically approved by the Board of.Directors of the Final County Flood Control District. 0 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 PROJECT PARTNER 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 PROJECT PARTNERS hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either PROJECT PARTNER shall bring suit to enforce any terra €af'this agreement or to recover any damages for and can account of the breach of any term or condition in this Agreement, it is mutually agreed that the substantially prevailing Tarty in such action shall recover all casts including all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. P) !Neither PROJECT PARTNER 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 subconsultants or materialmen due to such causes,acts of public enemy,war; terrorism or act of terror {including but not limited to bio-terrorismor ec€-te rorism), 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 6 governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus(whether permanent or temporary) by any public entity directly affecting the PROJECT: In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by DISTRICT in connection with the Project. DISTRICT agrees that DISTRICT lone 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 defy in writing and claim the right to an extension for the period ofthe Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety ( 0)calendar days. } PROJECT PARTNERS 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 either Party 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 res ain'm 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 (arid any related agreements effective as of the same date)provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws,the PROJECT PARTNERS 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. CITY OF APACHE JUNCTION an Arizona municipal corporations Executed this day of ........ w...w.w2023, by: Approved and Accepted: y: Walter" hip" Wilson Mayor Attests y . w Jennifer Pena City Clerk APPROVAL AS TO FORM The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section I IM 2,as amended, by the undersigned attorney, who has determined that it is in proper form and within the powers and authority granted to the City of Apache Junction under the laws of the State of Arizona, Richard Joel Steen City Attorney Apache Junction II ALA COUNTY an Arizona municipal corporation Approved and Accepted: By Jeff Serd Chairman, Pinal County Florid Control District rict Board of Directors Attest. By: Clerk of the Board APPROVAL AS TO FOIE The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 4 - 03,as amended,by the undersigned attorney,who has determined that it is in proper form and within the powers and authority granted to the Pinal County Flood Control District tinder the laws oft e State of Arizona. District Counsel Exhibit PN 101.19-9 ni rev to CITY COUNCIL MEETING ROLL CALL Date: Work Study Regular Special S: E: S:0 0 E: S: E: CITY COUNCIL: Present Ab/ xcu Present Ab/excu Present A excu MAYOR WILSON VICE MAYOR SCHROEDER I� COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON ✓ COUNCILMEMBER NESSER COUNCILMEMBER SOLLER z/ TOTAL T CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell f Assistant City Manager Matt Busby f City Clerk Jennifer Pena ✓, City Attorney Joel Stern V- Information Technology Director Doug Wirthgen Public Information Officer Al Bravo Public Safety Director Michael Pooley ✓ Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid S:\Templates& Forms\Roll Call -City Council -Attendance.docx jnvo V ee C SoL, ev City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: t (fc-K SECONDED BY: NOTES: C6)-)Stn+ ACz?c16 e)- YES NO ABSTAINED CITY COUNCIL: VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓/ MAYOR WILSON V TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL L! Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF IQ -6 oZ3 MOTION BY: ( r u Sj SECONDED BY: I� ` NOTES:_ �. ei.UG- (At C4,S.5L dpfn P"(,- beO_V i A h . -7q(a �n YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER V11- VICE MAYOR SCHROEDER l� COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON MAYOR WILSON V TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF la-S a 3 MOTION BY: �_�Cy cAn SECONDED BY: NOTES: �y s YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER v", COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON f TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL b i Vote sheet 2 S:/5—Templates&Forms/Vote Call—city Council Date: Jam., 2_3 CITY OA A P- GI= E JUNCTION REQUEST TO SPEAK FO`Rr%A Please fill out completely and return to the City Clark PRIOR to the conclusion of the Cily Manager's Report portion of.the agenda. I Would-like-to speak on Agenda item ft: _ Fwould like to speak o'n a Non-Agencia matter regarding: �lav j Do you wish to speak before Council on this item? Yes Flo Only If Necessary l any in 'favor of the proposed Iterrr. _ lam opposed to the proposed Item. OIL." Sgfv First N`,a ne Last N a m c (PRINT) Hr � A-Y" Address City %ip Locpc 7c) :Z-10 Telephone Lmapl addross This information will .be used by staff for follow-up, it ni:cc Scary. Speake'�rs shell n-rrke comments directly to the Mayor and City CGL;aacil when called up to speak at the podium. Note: Call .to the;PLUIJI.ic comments have a three mi«ute Ipmit and Public I-pearinc} comments have a five nai0caeAfii it. Consent for Minor to be Audio and/or Video Recorded: I; as the parent!quardian of iminor(s)), a minor(s), ac}ie,e to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council MC1 etincp. I further understand',that tlgr accivit,y mZta�c audio and/or video recorded and I hereby consent to the minor being audio ;ind/or video recorded d,urinc; his/her par ticrp7tic�n with the likelihood thal their image wi.11 appear on able TV :..nd the inlernet video showing their participation. A.R.S. 11-602 (A)(g). Signature of Parent/Guardian �� -iD ,tc Date: 11-u 0f= , P/!C11:EUrJCTIO:N ` EQUES T'TO SPEAK I=ORIM Please fill out completely and return to the City Clerk PRIOR; to the conclusion of the City Manager's Report portion of.the agencl . I w.OUlcl`=lllCe i:0 Speal( Ott Agenda ltCr11 Ift: l.•would lilic`to spnah-on a Non-Agenda nutter- regarding: , L Do you w:isil 'to speak before Council oil this item? Yes ;\lo Only if Necessaz;r l a111 ill favor of the prose item. _ l an-r olDposecl to the propose-u Item. C C, First .Nani Last Narile (PRINT) Address // City rip Code 2 C� -re I e 1)11011 Email address This information will be used by staff for follow-up, it necessary. Speakers shall n-aake comments directly to-the Mayor a11c1 City Gotincil when called up to speak at the podium. Note-: tile,file Put is comments have a three minute limit and Public Hearing comments have a five 111-illllt, lir�lit. Gonsent-for Minor to be AUclio and/or Video lRocorclecl: 1, as the parent/guardian of _ _ _ (nlinor(sj). a minor(s), agree to allow said minor(s) to,appear and/or participate in the City of ApaChc Junction City Council Meeting. . I further r:rnclers and.tl,'at this aciixvity mpw:he audio and/or video recorded and i hereby consent to the minor being aucfio and/or video recorded d.�n-ing firslfiei partiulp�tion wi°°th-the likelihood that their image will appear on TV and the internee video stream showing their participation. A.R.S. 'i= .(A.) g) Sigliature of Parent/Guardian — --- Datc, OQ 2 120s�r Date: CPFY OF APACHE JUNCT10N REHQUEST TO SPEAI,( FORM Please fill out completely and return to the: City-Clerk PRIOR to the conclusion of the City Manager's Report portion of the agend'a. I would-Til(e to.speak oil Agenda Item V.: FWOUld-HIM to speak-on a Non-Agencla-matter regarding: Do YOU wishAo speak before Council on tilis item? Y e S No Only If Necessary._ —1 am ill favor of the proposed Item. —1 anti opposed to the proposed Item. First Name Last Name (PRINT) FLU S_ U1, d Address City Zip Code ,71-elopholle Email address This information will be used by Staff for follow-up, it necessary. Speakers, shall niake, comments directly to the Gou-n-cil. when called up to speak at the podium. N-6t&: Call-rto-the. PuI:)I.jc comments heave a 1-hrec, minute limit alICI-Public Hearing comments .have a-fi.me Gonsellt for Minor to be Audio and/or Video FRecorctecl: as the parent/c uardian of j — (niinor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate In the City of Apache junction City Council fvlecting, I further unclerstand.,,th'at this acRvi�: ji-jqyb- audio and/or video recorded and I hereby consent to the, minor being audio and/or video recorded Mthi-th-e likelihood that their image will appear on cnbic TV amd the interne,, vicino slrc,- -im shmving their participation. A.R.S.. 1>602' SrgnatUre of-Paren0tuardian Date Date: FFY-OF A RAGIIIE JUNCTI ON f::R EQUIEEST TO SPEAK FlaIRM Please fil,l OLIt completely and returnto the City Cierk I D IRIOR to the conclusion of the City M.anager's Report p-ortio-n of the, agenda. I wou'Id:-likc:to,sl)ezI( on Agenda Item ft: I-WOUld HkO�to speak on a Non-Agenda platter- regarding: 0S 64 q -e Do YOU wish to speak before Council on th.js item? Yes M 0 Only If Necessary —1 am in favor of the IDI-OPOSed Iteill. ---I ani opposed to the propose-d Ite%nn. 0 clt-Nle I/- /'P,- M-,c-c Ic- First Man-,)e Last Narlic, (PRINT) -2 Address City Zip code S2 Telej)llonc Email address This infbi-niation will be used by staff for follow-up, if necessary. Speakers shall mike comments directly to the Mayor-and'City Gbuncil when called Lip to speak at the podium. Notc): .,C-.-,ill to .,the-PLr131ic:comments have a three 111if-ILItO limit and-Public Hearin C, 1111,11011ts 1-111-ve-21 1 RV im L 121�1 -t. Gonsent for Knor to be Audio and/or Video Recorded: as [lie parent/guardian of minor(s)). a mmor(s), agree to allow- said minor(s) to appear and/or participate in the, City of Apache JLMCHOn City COLHICil Meeting. 1 further-understand,til"at,'thi'S activity lirl-qy,b e aLICHO 31!cl/o:t- video recordecl and I hereby consent to the minor being audio and/or video recorded �tlj Jcl,palon wr c likelihood that theirimag'e.will appear on cable TIVand the intornet vicloo sliowing, their participation. A.R.S. 1=602 (A,')-(9). L SigilatUre of Parent/Guardian Da[c 0 G-42 Date. jl L C I-,,Y 0 F A PACHE JV NCTI ON'PR-!:_:QU:EST-T0 SPEAK FORM�ST E t - Please fill out'completely and retLI1_11 to the City Clerk 1PRIOR to the conclusion of the City Manager's Repcyrt portion of1he agencla. I would-HIm to speak on Agencia Item I/.: 1::WOLIICI like to speak.on a Non-Agenda matter regarding: Do VOU wish tO spoak before Council on this itel-ij? Y e S i\l 0 Only If Necessary I am in favor of the proposed Item. i an".i opposed to the proposed Ite'l-11. ,a First N: ni e Last Name (PRINT) Address City Zip Code Telepholle m a i I a'd d re/5 This information will:be used by staff for follow-up, if necessary. Speak(Ll'17S shell iiiako comments directly to :tlie-t�i];Dy-qi Grncl CjtSr C-buncil When called Lip to speal< at the podium. :Aute:: Cc-iii-to-tiie,PLit-)Iic.c.oi-nnients have a threc, 111-illUte limit and P:Lll:)Iic Hearing commcants .h'ave Gollsont for Minor to be ALICHO alICl/01- Video. ROCOI-clecl- -is the parent/guardian oil - (niiinor(s)), a minor(s), a.gr( e to, allow said1.111110.17(s) :to al:)I:)e@t- and/or participate In the City of Apache Junction City Council M 171-111her Uriderstand, that activity ina. 1,:e Y" audio and/or video, recorded and I hereby consent to [lie minor being -ILICHO and/or video recorclod w..u.cipa. rem R4 the likelihood that their image will appear on cabic TV and the internet vicloo stream showing their participati61l. A.R:.S. § 1-602 (A)(9). Signature of Parent/Guardian D a- L e 031k26,12.01,9 Datc: /�-! S/ 3 CITY OF APA.C:HE JUNCTIo.N REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PPIOR to the conclusion of the City Manager's Report porlio-n of:the agenda. I would-like 'to speal( on Agenda Item #i-: 1-would-like to speak on.a Non-Agenda matter regarding: L p e,� fN 69 LV N�;/ ��1 �L del D U „CIL /�/n C61'LI <1f Al Igo YOU WiSlItO Speak before Council on .:his iten.? Yes ✓ No Only if Ncccssary -I am.in.favor of the proposed Item. I any opposed to the proposcd Item. - 2 2m 612AIC First Naive Last Nan-►c (PRINT) 3 A/, -2-A -r ell Address City yip Coc§c Telephone En -1 addre 6 This information will .be used by staff for follow-up, it necessary. Speakers shall make comments directly to the Nr'la:yor and-City C`eualci! when called up 'to speak at the podium. Note: Call to th.e Pirlalic comnicnts have a three m.incrtc liniii ��nd Prblic §-Iearincl comrn_cnfis have a fiw.e m!ifiuic_I'i;iit Collserlt'for IU nor to be Audio and/or Video Recorded: I; , as the parent/guardian of _ _ — (.minor(s)), a minor(s), a. roe to al§ow said minor(s) to appear and/or participate in the City of Apache Junction CitV Council Meeting. I further understand tl-rat t11J.S activity 111;ay.11c audio and/or video recorded and I hereby consent to Hie minor being audio anti/or video recorcleed d.ur-ing h+st§ cY pai.tie�p�ti�t1 wili� tine likelihood that their image will appear on cable TV and the internet viclao stre:anl showing their participation. A.R.S. ` 1-602 (A.),' Signakf e oF'Parent/Guardian -- Dale �ecember 5, 2023 Consent Agenda Item Nos. 1-4 I MOVE the agenda be accepted and the consent items be approved as presented. Item No. 10 MOVE:THAT.the application for a Series 6 Bar Liquor License for First Water Cocktail Bar, located at 1545 W. B:roadway Avenue, . Apache Junction:,, AZ be recommended for: (Choose 1 option) Denial based on the failure to acquire the required permits and meet other necessary city requirements Approval.. _- Item No. 12-- I MOVE THAT Resolution No. 23-38, authorizing the.City of Apache Junction to enter into an intergovernmental agreement with the.Final County:Flood.Control District for the:Superstition,Basin Flood Control Project in the amount of $1:,633,005.45 be (APPROVED) or (DENIED): 46 . TY C PAUNC TIO Ma or's Script a ' Y . .. . .. . . : . Tuesday, Decembek:05' 2023 - A. CALL TO ORDER ):Would Like to call this City of Apache Junction Council Meeting of:December 5; 2023, to order and ask everyone to putthei:r cell phones on.si.lent. B. INVOCATION AND PLEDGE OF ALLEGIANCE . . .. . .. ... The, invocation:will be led b &the led e b C. ROLL CALL. _ .. . . D:. CONSENTAGENDA As a::reminder-All items under the Consent Agenda will.be approved:with,one motion: If a councilmember wishes to remoye.an item for further discussion the request will be made prior.to approving the consent agenda a.nd will be moved:to New Business. . . .. .... .. 1. Consideration of acceptance of agenda.. 2. :::Consideration of approval of minutes of the regular meeting of Novem er 21, 2023: . . ... 3: : Consideration:of spprovaI of legal„advertising agreement ' ith.The Arizona. . . ReOu ic. 4. Consideration o f approva o Reso ution No' 23-30 a opting e budget or . .,Fiscal'Year 2024-2025 for Streetlig t:lmprovement District No: 2021-01- Goldview for the.Goldview subdivision.: - . . .. .... ... Do I have a motion on the consent a ends? wait or the .motion and the:2nd g� _ f...- - . . .. .. _ _ E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. Comme'ndation:in:memoriam.honoring Sergeant Andrew Southard F. REGIONAL INTERGOVERNMENTAL UPDATES 6. Regional Intergovernmentai'rimeeti.ng updates.from Council G. CITY MANAGER'S REPORT 7. City: Manager's R_eport.; L Bryant Powell :? 8 Presentation andlupdate by Resolution Copper! i Bryant Powell - 9. Announcement of.Current Events-J. :.Al Bravo H. PUBLIC HEARINGS 10: Continuance'of the Series 6 Bar Liquor License for First Water Cocktail Barr 'Call:on Jennifer to start: a.. Does theeapplicant 1 4to:speak? b.Any discussion among.council c. i4s a,public hearin ; would-an one like to s eak on'this item?i - p g Y. p As speaker:walks to podium:announce: Please:state your name and address:.: You Will have 5 minutes with a 1 rnin e warning. d I.will now close the public hearing and ask for-a:motion - Wait for the motion and the 2nd - - Rol��•Cal� I. OLD BUSINESS _ J. NEW BUSINESS: 11. Discussion regarding,the Planning:and Zoning Commission and:Conditional PSP ,Use,P.ermit app.roval:s. ;: Cd ndlmember Nesser GU� . 12: Presentation and,discussion:regarding possible consideration of Resolution `No..23-38 related to:Superstitio.n Flood Control Basin ! ' Matt Busby i K.: COUNCIL DIRECTION TO STAFF L . SELECTION OF. MEETING DATES,.TIMES, LOCATIONS.AND PURPOSES. :: . . . . .. . M. CALL To..PUBLIC I'wo.uld:like`to remind',everyone,that the:Call to the P:ub.lic is-a'courtesy anan ti Leg ui red:bY,law: Yt'is:a.time for the'pubaic to express requ.ests;'communicatioris, tomrnents and ..'suggestions. . Request to speak forms must have been completed a:nd.handed to the cityy cler g p ;before the'end.of the citY-mana ersre' ort-�::. : - All issues shall be presented in.a professional manner without persona) attacks. Pnderthe-oip' eni meeting-Jaw'the cou9ci1.cannot 'engage.in discussion on.th:e issues�presented, . ut ma.' res ondao criticism and ma direct.staffto follow j. ... b Y P . Y _ � up with the speaker directly and/o:r.place this matter on a future:agenda fo council:discussion_ :. ... . ... .. There is a three=minute limit for each speaker . . .. . Does.council have any requests of staffto.follow up on. . ... . . N...ADJOURNMENT- yadjourn this.meetin� J -g