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2023 12.19 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 19,2023 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. 23-706 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 23-707 Consideration of approval of minutes of the regular meeting of December 5, 2023. Sponsors: Jennifer Pena Attachments: CCMIN 2023 12 05 MINUTES DRAFT 3. 23- 62 Presentation, discussion and consideration of first amendment to employment agreement with Michael McVey for Apache Junction Municipal Court Associate Magistrate services. Sponsors: Aaron LaSota Attachments: McVey First Amendment Memo to Staff McVev First Amendment 4. 23-664 Consideration of approval of procurement of two (2)traffic monitoring trailers and camera modules from Air Comm Corporation for an amount not to exceed $133,525.12. Sponsors: Michael Pooley Attachments: Council Memo F uioment Purchase Anreement-Air Comm City of Apache Junction,Arizona Page 1 Printed on 1211412023 City Council Meeting Agenda December 19,2023 5. 23-701 Consideration of approval of rejection of proposals for Superstition Shadows Aquatic Center Artificial Turf RFP Project No. P&R 2023-001 for unresponsiveness. Sponsors. Kimberly Heldt Attachments: Memo City Council E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 6. 23-708 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. 23-709 City Manager's Report. Sponsors. Bryant Powell 8. 23-710 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 1211412023 City Council Meeting Agenda December 19,2023 9. 23-702 Presentation, discussion, public hearing and consideration of adoption of Ordinance No. 1538, amending the Apache Junction City Code, Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commissions, Article 2-8: Parks and Recreation Commission, Sections 2-8-3, 2-8-4, and 2-8-8; repealing any conflicting provisions; providing for severability; and establishing an effective date. Sponsors. Liz Langenbach Attachments: Staff Memo-City Code Chan es 2023 Article 2-8 PARKS AND RECREATION COMMISSION-FINAL Article 2-8 PARKS AND RECREATION COMMISSION-Redline Ordinance No. 1538-Amending City Code 2-8 Parks and Recro 10. 3-703 Presentation, discussion, public hearing, and consideration of Ordinance No. 1539, amending the Apache Junction City Code Volume 1, Chapter 3: Administration, Article 3-13: Department of Parks and Recreation, amending Section 3-13-3: Powers and Duties, and repealing in its entirety section 3-13-5: Banner Placement and Supervision; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors. Liz Langenbach Attachments: Staff Memo-City Code Changes 2023 Article 3-13 PARKS AND RECREATION DEPARTMENT-FINAL Article 3-13 PARKS AND RECREATION DEPARTMENT-Redlir Ordinance No. 1539-AMgDding City Code 3-13 Parks and Rec 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 3 Printed on 1211412023 City Council Meeting Agenda December 19,2023 11. 2 -637 Presentation, discussion and consideration of Resolution No. 23-40 a resolution of the mayor and city council of the City of Apache Junction, Arizona, approving and authorizing the execution and delivery of a First Amendment to Amended and Restated District Development Agreement, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2, and authorizing other actions in furtherance of this resolution whether heretofore or hereafter taken, including, without limitation, the execution and delivery of a consent to petition. Sponsors: Leslie DeReche Attachments: Cit Resolution 23®40 A rovin First Amendment to Amended First Amendment to the Amended and Restated District Develo K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(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 1211412023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 23-706 Sponsor:Jennifer Pena Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1211412023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 23-707 Sponsor:Jennifer Pena Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of December 5, 2023. City of Apache Junction,Arizona Page 1 Printed on 1211412023 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,December 5,2023 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 Councilmember Heck gave the invocation and Councilmember Soller 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 Jennifer Pena, City Clerk Joel Stern, City Attorney Al Bravo, Public Information Officer Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Emile Schmid, City Engineer Ted Wolff, Public Works 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. 2 -650 Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes December 5,2023 2. 23-651 Consideration of approval of minutes of the regular meeting of November 21, 2023. 3. 23-631 Consideration of approval of legal advertising agreement with The Arizona Republic. 4. 23-656 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. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. 23- 57 Commendation in memoriam honoring Sergeant Andrew Southard. Mayor Wilson showed honor and respect to the family of Sergeant Andrew Southard by reading aloud a Commendation in Memoriam for his services of bravery and sacrifice for our freedom. Mayor Wilson announced this Commendation, as well as one issued by Arizona Governor Katie Hobbs, will be presented to the family of Sergeant Southard. F. REGIONAL INTERGOVERNMENTAL UPDATES 6. 23-652 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Soller, along with City Manager Bryant Powell attended the Interdisciplinary Science and Technology Building 12 Dedication at ASU PolyTech Campus. This state-of-the-art structure builds on the long standing reputation as a solutions focused hub for engineering and technology education, research and collaboration. This will support the needs of faculty and students with specific spaces and labs for various technology based manufacturing. Councilmember Heck attended a Greater Phoenix Economic Council (GPEC)meeting with the CEO's from Salt River Project, (SRP)and Arizona Public Service, (APS), the two energy providers for the greater Phoenix area. He gave an update on the discussion held during this meeting. Mayor Wilson attended the Salt River Pima Maricopa Indian Community"Enchant"event, the world's largest Christmas light maze and village. A photo was shared of the event. He also participated in the East Valley Transportation Infrastructure Stake Holders meeting and gave an update on the discussion items from that meeting. In addition, he brought attention to the Holiday event held at Flatiron Park, followed by the annual Light Parade down Apache Trail. It was well attended by many families, and he encouraged everyone to drive by and see the new tree display at the downtown Focal Point. A huge thanks was given to Parks & Recreation for putting this event together, and to the Apache Junction Police Department for assisting and directing traffic and clean up after the parade. G. CITY MANAGER'S REPORT 7. 23-653 City Manager's Report. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes December 5,2023 City Manager Bryant Powell commended Parks& Recreation, Public Works and the Apache Junction Police Department for another fully organized and successful annual Holiday Event and Light Parade. 8. 23-655 Presentation, discussion, and project update by Resolution Copper representatives Bryan Seppala and Vicky Peacey. City Manager Bryant Powell introduced Bryan Seppala with Resolution Copper. Mr. Seppala gave an update on the past year's activities with Resolution Copper, which included: Continued efforts for permitting regulations and research for the Project Maximizing stakeholder partnerships with Apache Junction, six other local communities and twelve Native American Tribes • Operating and maintaining all assets • Continue with over 300 employees-90% live within the local work force,which is within 40 miles of the project • Community and social investments • Corporate Grant Program has been increased to$500,000 9. 23-654 Announcement of Current Events. Public Information Officer Al Bravo shared pictures of the Holiday event this past weekend. He also reminded of the road work and conditions within the City. This information is always posted on the city's website homepage: www.apachejunctionaz.gov H. PUBLIC HEARINGS 10. 23-658 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. Councilmember Cross moved,seconded by Councilmember Nesser that the application for a Series 6 Bar Liquor License for First Water Cocktail Bar, located at 1545 W.Broadway Avenue, Apache Junction,AZ, be recommended for approval. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Clerk Jennifer Pena briefed the Mayor and Council on the previous activity of this item, and that is a continuance from the November 21, 2023 council meeting. She explained the possible outcomes based on the Council's decision tonight. Development Services Director Rudy Esquivias presented an update on the activity regarding this application with Building Safety and permitting. He stated there is no issue regarding zoning of the property. He confirmed no business will be allowed, even if Council approves this license tonight, until all inspections have been completed and the Certificate of Occupancy has City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes December 5,2023 been issued to the business. This item was further discussed with Council and staff. The applicant's business partner did address council with clarification of when and what type of work has been done at the establishment. He assured Council they will not be doing any work without permits, and are waiting on their Engineer to complete the plans for submittal. Mayor Wilson opened the item for a Public Hearing. Andre Meek, 1327 S. Belair Road, Apache Junction, commented that the City Clerk was not present at the meeting on November 21, 2023. Therefore, what she shared at tonight's meeting was new information for Council to consider. Catherine Meek, 1327 S. Belair Road, Apache Junction, is intrigued by a new establishment that serves food and is in favor of the recommendation. Receiving no further comments, Mayor Wilson closed the Public Hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 11. 23-660 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. Councilmember Nesser shared history on the authority and permission granted to the Planning and Zoning Commission. She expressed her thoughts regarding the current authority given to this Commission, and requested other Councilmembers input. Development Services Director Rudy Esquivias shared history on the Conditional Use Permit process. Further discussion with Council resulted in direction to staff to return to a future meeting with the various options of how to address the possible changes of authority and permissions given to the Planning and Zoning Commission. 12. 23-663 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$1,633,005.45. Councilmember Johnson moved,seconded by Councilmember Soller that Resolution No.23-38, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Pinal County Flood Control District for the Superstition Basin Flood Control Project in the amount of$ 1,633,005.45 be approved. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes December 5,2023 Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Engineer Emile Schmid reported on the purpose of the Superstition Basin Flood Control Project. Previously, the City partnered with Pinal County Flood Control District, (PCFCD), to design a basin to reduce the flooding impact to residents and downtown businesses from the Goldfield Wash. Mr. Schmid had an aerial photo indicating the location of this project, which will be on the east side of Idaho and North Apache Trail. This is a tiered basin, allowing for future possibilities other than retention. Bids were received in October 2023, and the lowest bid of$3,266,010.90 was accepted. This is being presented for council approval. PCFCD will then go through their Board approval process. Project completion is anticipated prior to monsoon season in 2024. Mr. Schmid breifly explained some of the obligations in the IGA, which included the cost being split between the City of Apache Junction and the PCFCD, for a total to each entity of $1,633,005.45. In addition, the City will be responsible for the operations and maintenance of the structure. The County will serve as Project Lead. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia Street, Apache Junction, expressed his frustration with the current city code. He also shared concerns with the upcoming residential development. Jeremy Jackson, 1353 S. Belair Road, Apache Junction, voiced his concerns regarding customer service received from the Apache Junction Water District. Jim Grant, 1363 N. Plaza Drive, Lot 21,Apache Junction, requested an investigation be done at the Husky Hollow Trailer Park, regarding lot space increases of 92% over the past 2 years. Donna Carr, 2178 W.Virginia Street, Apache Junction, concerned about energy being shared from the nuclear plant, contaminates in our water distribution system, and the polluted air, water and land in our area. Catherine Meek, 1327 S. Belair Road, Apache Junction, shared upcoming events at the Superstition Mountain Museum. She also supports the copper mine project. Andre Meek, 1327 S. Belair Road, Apache Junction, stated his concerns regarding rent increases, and how that can create an even bigger problem with our homeless situation. Council directed staff to connect with the Husky Hollow Trailer Park, as well as the Apache Junction Water District regarding customer service. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:29 p.m. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes December 5,2023 ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2023. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2023. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2023. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 23-662 Sponsor:Aaron LaSota Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Presentation, discussion and consideration of first amendment to employment agreement with Michael McVey for Apache Junction Municipal Court Associate Magistrate services. City of Apache Junction,Arizona Page 1 Printed on 1211412023 C4,e 4flln Home of ihe A1110CIP31 Court 11124/2023 To: Mayor Wilson, Vice-MayorSchroeder n i Council Members From: on, A. Douglas LaSota, Presiding Magistrate Associate is rat Michael R. McVey- Request for Re-appointment Hon. Michael R. McVey has been our Associate istr to since January 1, 2021 His current contract ends at the end of this year. e previously served as an Assistant City Prosecutor(Phoenix), an Arizona< Assistant Attorney General, and a MaricopaCounty Deputy and ief Deputy' County Attorney. He serveds a Superior Court Judgein Maricopa County for 20 years in multiple divisions (all divisions except probate). Judge McVey has done an outstanding jo s our Associate Magistrate. s helped it our very large volumeof cases, n is hard ,work has helped us avoid the need for another full-time istr t . He has also been counted on to preside over the court n the absence of the Presiding Judge. l am requesting that he be iven a 4-year term, which is the same as the Presiding Judge. Judge' cV y;works 19 hours per week, making himpart time employee andnot entitled to paid holidays or vacations and not entitled to health insurance and any other benefits receive y full-time employees. Judge McVey has requested,and is deserving of, - n annual salary of$71,000 per year. l strongly r that this amount is appropriate, andll- me , and l have r t that request. We would not be able to find any replacement with anywhere near the qualifications, skills and is tin to the i f Apache Junction ande are fortunate that he desires to continue to serve our great City and its Municipal Court. Attached is the signed contract that was negotiated and signed by each candidate. Thank you for your consideration of this matter. 4 Q-J� 4 '4ee Hon. A. Douglas La of Apache Junction Municipal Court 300 E SuperstitionBlvd., Apache Junction, AZ 85119 (480)982-8250 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT WITH COURT ASSOCIATE MAGISTRATE SERVICES THIS r into this day f __ 2023 "t Execution " JUNCTION, an Arizona municipal corporation " it „ , _ and MICHAEL MCVEY, ("Employee"), sometimes ll iv l rr s t "Parties" r individually as a "Party RECITALS December 7, i initially r -employment agreement t - E t„ under which City hiredto provide associate magistrate services municipal B. The Parties it to extendthe term of the Agreementfor ' r xi l four (4) years and increase the annu_ lsalary it the same dutiesiperformed Employee.by THEREFORE, AGREEMENT in consideration1 promises contained her i and other good and valuable consi r i , the receipt and adequacy of which i herebyl , the Parties agree to amend the Agreementsfollows: A. Section a. This Agreementl ctiv beginning r , 2024 and shall remain in full force and effectthrough , 2028. b. Nothing in this r ll prevent, i it or otherwise interfere with the right the Cityterminate the services .Employee provided t t l t Nothing in this r t shall prevent, li t or otherwise interfere with the right of Employeeto resignt any timefrom employment of City, ly to the provisions set for in Sectionf the Agreement. SectionB. j City agreesl r his servicesrendered pursuant r t an annual base salaryDollars and No Cents T , c f livingincreases radjustments received other career employees_ over the Termhereafter. Payment of said salary shall be made at the same time and manner as other employees arei and shall be paid out of the City'sr l , subject to availablerevenue annual budget appropriation. C. Except as expressly _ herein, all other terms and provisions of the Agreement executed by the Partiesshall remain in fullforce the Agreement is terminated or all obligations haveperformed. IN WITNESS WHEREOF, the Partiesv i t to be signedtheir duly authorizedrepresentatives as of the day and year first ,above ri g Michael CITY OF APACHE JUNCTION, ARIZONA, an Arizona i i l corporation Its: Cit Ida istrate SternAPPROVED AS TO FORM: R. Joel City t r City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 23-664 Sponsor: Michael Pooley Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Consideration of approval of procurement of two (2)traffic monitoring trailers and camera modules from Air Comm Corporation for an amount not to exceed $133,525.12. City of Apache Junction,Arizona Page 1 Printed on 1211412023 Date:(:).Apaclhe Junction Police Department Memorandum November 30, 2 Mayor Chip Wilson Chief Michael Pooley Agreement for equipment purchase withit Comm Corporation for two PoliceSurveillance Trailers and camera l This agreement is with Air Comm Corporationfor two policesurveillance trailers and cameraules with interfacecapabilities v it l through the City of Glendale Cooperative Contract#C23-0225. In c r nce with the terms n itic s of the agreement, the City shall compensateit Comm Corporationfor equipment: Police a ill nc Trailers ) - 1 , 7, CameraModules2) -- 1 j 7.2 Total not to exceed -1112,525.12 _The warranty for the equipment against defective workmanshipor materials is for period of t years for the trailers -and camera and a twelve 12) month warranty on the batteries. The ApacheJunction Police department requests the council-adopt the agreement which authorizes the purchase of two police surveillance trailers and camera modules. EQUIPMENT PURCHASE AGREEMENT WITH_ AIR COMM CORPORATION POLICEITRAILER THIS AGREEMENT is made as of the day of December 2023 (the "Effective ate") by and betweenthe CITYTi n Arizona municipal corporation ("City"), and AIRIUtah corporation, ("Supplier"), both of which may be hereinafter referred to collectively as the "Parties", or individually as "Party". RECITALS A. City wires to retain a vendor to provide t ) surveillance r iler with interface capabilities v it le through the City of Glendale Cooperative Contract ( n file in the City'sFinance Department) n two } Avigilon Multi-sensor 12Mp Camerale (t "Equipment") and to make payment for the same in accordance i e terms andconditions set forth in this Agreement, including all attachments and addenda which are appended he by mutual agreement of the Parties. B. The en market procedures have been satisfied to the extent they apply. C. The Partiese set forth I contemplated Equi en lier will provide City, including aIl payment terms. AGREEMENT NOW, THEREFORE, in consideration of the Recitalsnoted above, the mutual covenants n conditions beI n ter good and valuable consideration, receipt an u icie c of whichare hereby acknowledged,the Parties agree ii 1® a Supplier hereby sells, conveys, r n to City all rights, title and interest in and unto the machinery, equipment and other personal property, hereinafter referred to collectively as equipment, e Ile in Exhibits . 2. SUPPLIER'S ISupplier shall provide the Equipment and make deliveryof suchequipm nt as detailedin Exhibits 3. COMPENSATION: In accordance with the terms n conditions o this Agreement, City shall compensate u li r forequipment in an amount not to exceed One Hundred Eighteen Thousand Ei un red Twenty Seven Dollars and Eightyour Cents ( 1 , . ) in accordance with Exhibitfort o surveillance trailers and an amount not to exceed urtee Thousand ix Hundred in t even Dollars and Twenty Eight Cents ( 1 , 697.28) in accordance with Exhibitfort o camera ule ,fora grand total not to exceed One Hundred Thirty Three Thousand i Hundred Twenty Five Dollars and Twelve Cents ( ® )a 4. SUPPLIER BILLING: Supplier II bill City a total amount not to exceed Section cv . City shall pay suchbillings within in { calendar days of the date of receipt, 5. TERM/RENEWAL: The Termf this Agreement starts on December 2023,19, n June 30, 2024. DELIVERY6. n acceptance by the City, which acceptance shall be identified i y taking possessionEquipment, City all have thirty calendar x ine such Equipmentn its functionality, uld City have any product quality concerns, it shall within thirty ) calendar days after delivery haveunconditional right r a full ru Failure to notifyu li r within this periodconcerns II be deemed as acceptance individual i n its functionally. aWARRANTY: Contractor shall guarantee the Equipment against defective workmanshipr materials for a period2 years for the trailers cameras nmonth warranty n thebatteries. (Warranty cn it i PoliceDepartment's Lt. i> _n )m a INSURANCE: Supplier, at its own expense, shall purchase and maintain the herein stipulated minimuminsurance wi companies my licensed, possessing current Best, Inc. Rating of B++6, or approved unlicensedi the State of Arizona withpolicies n rms satisfactory to City. All insurance required rein shall be maintainedin full force andact until all installation work required r under the terms of r t i satisfactorily` completed an r lly accepted; failure to do so may, at the sole discretion of i , constitute a materi 1 breach of thisAgreement. Supplier's insurance shaII be primaryinsurance as respec the City, and insurance r If-insurance maintained by CityII not contribute to its Any failureto comply i claim reporting r vi ion f the insurance clici r any breachinsurance lic warranty shall not affect coverage afforded under the insurance lici to protect City. The insurance lici , except Workers' Compensation, shall contain a waiv r of transfer rights recovery (subrogation) against City, its agents, officers, officials and employeesr any claims arising out of r ctcr' acts, errors, mistakes, omissions, work or service. The insurance lici provide coverage whis contains deductibles r self- insured self- insured retentions. uc deductible n 1 r self-insured retentions all not be i providedapplicable with respect to the coverage i . self-retentionSupplier shall be solely responsible for the deductible and/or City, at its option, unconditional may require supplier to secure payment of such deductibles or self-insured retentions by a surety bond or an Irrevocable and credit.of days,City reserves the right to request and to receive, within ten (10) working copiescertified endorsements. City shall not be obligated, however, to review deficienciesSupplier of any freceipt Suppliershall not relieve , or be deemed a waiver of, City's Supplier'sstrict fulfillment of . policies,The insurance ' Compensation and Professional Liability, additionalrequired by this cials and employees as , ,i 1 1 <, insured parties. RgP_QP_V_E_RAQJE- Pommercial General LiabiliAM Supplier shall maintain Commercial General Liability less than$1,000,000 for each occurrence with a$2,000,000 limit.Operations Aggregate and a$2,000,000 General Aggregate The policy aInclude coverage for bodily Injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage Including, but not limited , the liabilityIndemnification provisions which - this Agreement, 1 Service Office, Inc. Policy . CG 00011093,or the equivalent . containSuch policy shall i Interest provisionshall clause,a sunset provision or commutation claims.to limit third party action over LiabilityThe Commercial General least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form , CG 20101185,or the equivalent thereof,and shall Include coverage for i work,operations and products and completed operations. If required by this Agreement, if Supplier sublets any part of the services or operations, Supplier shall purchase and maintain,at all times during prosecution of the work, services or operations under this Agreement, Supplier's Liability insurance policy for bodily Injury and property damage, i , Supplier'swhich may arise In the prosecution of , service or operations limitunder this Agreement. Coverage shall be on an occurrence basis with a issuedless than $1,000,000 per occurrence, and the policy shall be Supplier'sinsurance company that Issues CertIficgt@s SupplierPrior to commencing work or services under this Agreement, Agreement,furnish City with certificates of Insurance,or formal endorsements as required by the i , providing as evidence that policies shallAgreement are In full force and effect. The form of the certificates of Insurance and endorsements shall be subject to the approval of the Apache Junction city attorney's office, comply with the terms of this Agreement and shall be deliveredissued and "City 300 Junction, East Superstition ." In the event any insurance policies made"basis, coverage completionyears acceptance of Supplier's work or services and as evidenced by annual certificates of Insurance. All certificates of insurance shall be Identified with bid . policies or certificates and completed forms of iadditional insuredendorsement(or a substantially equivalent insurance company form acceptable to the city attorney)evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional policiesor In i Insurance, but shall also Include the following provision: officials,"Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, It Is agreed that the City of Apache Junction and Its elected i additionaladded as insured parties under this policy." requiredInsurance , be canceled, conditions or materially changed without thirty(30) calendar days' prior written notice to City. 9. APPLIQ',AABRLL,Eg-!ARAAMQ-YgNUELThe terms and Agreement shall be governed by and interpreted In accordance with the laws of Inequitythe State of Arizona. Any action at low or purpose of enforcing a right or rights provided for In providingIn a court of competent jurisdiction In Pinal County, State of Arizona. The Parties hereby waive all provisions of low litigationproceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement,It Is mutually agreed that the prevailing party In such action shall recover all costs Including: all appealand _expenses, collection expenses, reasonable attorney fees, necessary witnessfees and court costs to be determinedthe court in such action. 10. TIME IS OF T ESSENCE:-Time is of the essence with respect to all provisions in thisAgreement. Any delayin performance by either Party shall constitute a material breach of this Agreement. 1 PROHIBITION TO CONTRACT WITH PARTIES WHO ENGAGE IN STATEBOYCOTT OF THE F -m The Parties acknowledge35-393 rou 35-393.03, as amended, whis forbids lic entities from contracting with anyone, or any business, who engage in boycotts of the State of Israel. Should Supplier or any of its subcontractors under this Agreement engage in any such o c tagainst the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 12. CERTIFICATION PURSUANT T m 4In accordance with Arizona Revised Statutes - , Supplier hereby certifies and agrees that Supplier oe not currently and shall not for the duration of this Agreement use: 1} the forced labor of ethnic Uyghurs in the People's e lic of China, } any services or goods producedthe forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3 any contractors or subcontractors that use the forced labor or any services or goods producedthe forced labor of ethnic Uyghurs in the People's e u lic of China. If Supplier becomes aware during the term of this ree ent that Supplier is not in compliance with this section, then Supplier ll notify the City within five ( ) business days after becoming aware f such noncompliance. If Supplier does not provide the City withwritten certification that Supplier has remedied suc noncompliance ithin one hundred eighty (1 ) days after notifying the City of suchnoncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (1 ) day remedy eri , this Agreement shall terminate on such contract termination CONFLICTS13. INTEREST: This Agreementis subject to, and may be terminated by Cit in accordance with, the provisions of A.R.S. § 38-511. IN WITNESSthe Parties hereto have caused this Agreement to e signed by their duly authorized representative. S CORPORATION,AIR COMM CITY OF APACHE JUNCTION,a Utah corporation subscribedSTATE OF COUNTY OF MAKM ) The foregoing was i Corporation,day of_NLVRMjEg_, 20_Za by of Air Comm a Utah corporation. ,�,,tt►lliQlff�/���,, Cj Notary a„ . Public COUNTY OF PINAL The foregoing was subscribed and sworn to before me My Commission Expires. "Chip"Wilson, as Mayor of City Apache Junction,Arizona, an Arizona municipal 1 Air Comm 2929 South 48th Street Tempe, Arizona 85282 ESTIMATE ti ate# Sales person Camille Butler Estimate Date :11 Expiry ate Bill TO Ship Apachejunction Policeac a junction Police Department 300 E Superstition Boulevard 300Superstition ul and Apache Junction,Arizona 8SI1 ache Junction,Arizona 85119 Item Number&Description 9ty PriceTotal Tax 1 MISC 2.00 54,962.00 109,924.00 . ISC Solar Powered Camera Trailer System.60 Watts of Solar Powered Energy with BatteryBack Up. vi it n PTZ Cameras Standard Switch,Wiring,and Routers, Department ranin and Key Boxes Provided by Air Comm. Customer to Provide LTE SIM Card of Choice. Cost includes all Hardware,Build Time Labor,Delivery and Training for Apache junction Police Department.Warranty Is Independent to Parts and Pieces on System. Total Totaij $109,924.00 Items in Total t l , Terms&Conditions Air Comm's acceptance of this order is conditioned upon buyer's consent to the terms and conditions of sale.If these terms an conditions are not acceptable to the buyer,the buyer must notify Air Comm before order placement by specific written objection.Buyer's consent to these terms and conditions will be Inferred uponbuyer's acceptance of an estimate from `r Comm.To review Air Comm'Comm's terms and conditions,please visit( .terrns.airc .com). a H Air Comm 2929 South 48th Street Tempe, Arizona 852U ESTIMATE ti ate# EST-49369 Sales person .Camille Butler Estimate Date :11/2212023 lilShIpTo Apache junction Police A ache junction Police Department 300 E Superstition Boulevard 300 E Superstition Boulevard Apache junction,Arizona 85119 Apache junction,Arizona 85119 item r r n Qty Price Total Tax 1 jv-JSJIonH5A MulUsensor 12MP Camera Module .3.5.7 6.798.00 13,596.00 1,101.28 U:12 -H5A4 H includes Mounting Hardware,Brackets,Licensing,and Cabling /Connectors,Installation Labor, n Confi ur 'o to t ork. Sub Total $13,596.00 1,11.2 Items in Total 2. 0 Total $14,697.28 Terms&Conditions `r Comm'Comm's acceptance of this order is conditioned uponbuyer's consent to the terms and conditions of sale.If these terms and conditions are not acceptable to the buyer,the buyer must notify Air Comm before order placement by specific written objection.Buyer's consent to theseterms and conditions will be inferred upon buyer's acceptance of an estimate from Air Comm,To review r o 's terms and conditions,please visit( .ter s. ircom.co ). a City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 23-701 Sponsor: Kimberly Heldt Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Consideration of approval of rejection of proposals for Superstition Shadows Aquatic Center Artificial Turf RFP Project No. P&R 2023-001 for unresponsiveness. City of Apache Junction,Arizona Page 1 Printed on 1211412023 City of Apache Junction ' Home of the Superstition Mountains DATE: December 6, 2023 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager Leslie DeReche, Finance Director FROM: Kimberly Heldt, Purchasing Administrator SUBJECT: Superstition Shadows Aquatic Center Artificial Turf RFP Project No. P&R 2023- 001 On November 8, 2023, City issued a Request for proposal for artificial turf. On November 22, 2023, City received one (1) response from Econosmart Property Services LLC dba Signature Projects. Staff reviewed the response and found that the vendor was unresponsive. One response was received via email and unopened. Staff respectfully requests to reject all responses for P&R 2023-001 and go back out for bids. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 23-708 Sponsor: Chip Wilson Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1211412023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 23-709 Sponsor: Bryant Powell Agenda Date: 12/19/2023 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1211412023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 23-710 Sponsor:Al Bravo Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 1211412023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 23-702 Sponsor: Liz Langenbach Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of adoption of Ordinance No. 1538, amending the Apache Junction City Code, Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commissions, Article 2-8: Parks and Recreation Commission, Sections 2-8-3, 2-8-4, and 2-8-8; repealing any conflicting provisions; providing for severability; and establishing an effective date. City of Apache Junction,Arizona Page 1 Printed on 1211412023 Cit 0 achejunction Y )f'4P W . Homeqf the Superstition Mountains MEMORANDUM TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks & Recreation Director DATE: December 6, 2023 SUBJECT: Changes to the City Code Related to the Parks and Recreation Department Staff shared with city council at their February 3, 2023 meeting a desire to amend the below sections of the city code and was directed to discuss with the parks and recreation commission and bring back final recommendations. This has taken place and at this time staff and the parks and recreation commission are recommending the following amendments: Ordinance #1538 to Amend Article 2-8 PARKS AND RECREATION COMMISSION The commission does not require a secretary, as our Administrative Assistant has historically been responsible for all meeting minutes and agendas. Staff recommends removing the secretary position from this section as well as a few other minor irregularities from the code. Ordinance #1539 to Amend Article 3-13 PARKS AND RECREATION DEPARTMENT The city no longer manages banners in the median and has moved to an electronic marquee system. Staff recommends removing this section from the code In order to fulfill a requirement for Tree City USA designation, the department must be given specific responsibility to manage the trees and landscaping in public spaces. Staff recommend adding a section to Article 3-13 to allow for this. These changes, along with changes to minor irregularities, will be discussed at a Public Hearing. A redline and a clean version of the effected code will be included. Your consideration to adopt the necessary ordinances to amend the code is greatly appreciated. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119 e PHONE(480)983-2181 9 FAX(480)982-2438 9 TDD(480)983-0095 ARTICLE 2-8: PARKS AND RECREATION COMMISSION Section 2-8-1 Creation 2-8-2 Membership and terms of office 2-8-3 Salaries and personal expenses 2-8-4 Officers 2-8-5 Meetings 2-8-6 Vacancies 2-8-7 Removal of members 2-8-8 Duties § 2-8-1 CREATION. A Parks and Recreation Commission of the City of Apache Junction is hereby created. (Prior Code, § 2-8-1) § 2-8-2 MEMBERSHIP AND TERMS OF OFFICE. (A) The Parks and Recreation Commission shall consist of 7 members who shall be appointed by the Mayor and approved by the Council. Ex-officio members,without voting privileges, may be designated by the Mayor with the approval of the Council. (B) Commission members shall all serve for a term of 3 years or until their successors are duly appointed by the Council. Terms of members shall be so staggered that the terms of no more than 3 members shall expire in any 1 year and, in accordance with this section, all such terms shall expire on October 31 of succeeding years, except that in the event of the Board membership complement falling below the required quorum level set forth in § 2-8- 5,the membership vacancies shall be filled by the Council for their unexpired terms any time before the annual October appointment cycle using the then-existing talent bank applications. If a reduction in membership is ever approved by the Council, the terms of office due to expire or unfilled at the time of amendment shall remain so and no future appointments shall be made to replace those members. (C) All members shall be residents of the City of Apache Junction. (Prior Code, § 2-8-2) (Am. Ord. 1328, passed 10-27-2008;Am. Ord. 1520, passed 12-7- 2021) § 2-8-3 SALARIES AND PERSONAL EXPENSES. The members of the Parks and Recreation Commission shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent and purposes and amount such expenses are first authorized and approved in advance by the Council. (Prior Code, § 2-8-3) § 2-8-4 OFFICERS. The Commission shall elect a Chairperson and a Vice Chairperson from their members to serve for a period of 1 year. The Vice Chairperson shall preside at meetings in the absence of the Chairperson. (Prior Code, § 2-8-4) § 2-8-5 MEETINGS. The Commission shall establish a regular meeting day and time at least once a month. Special meetings may be called as required.A quorum shall consist of 4 voting members for the transaction of all business. (Prior Code, § 2-8-5) § 2-8-6 VACANCIES. Vacancies shall be filled by the Council in accordance to Vol. I, § 2-8-2 for the unexpired term of the member affected. (Prior Code, § 2-8-6) § 2-8-7 REMOVAL OF MEMBERS. Members of the Commission serve at the pleasure of the Council and may be removed by the Mayor with the concurrence of the Council. A member shall not be absent from Parks and Recreation Commission regular meetings for more than 3 consecutive times without a reasonable excuse.After the absence of 3 consecutive meetings the remaining members of the Parks and Recreation Commission shall vote to retain or recommend to the Council that the absentee member be relieved of his or her duties on the Commission. (Prior Code, § 2-8-7) § 2-8-8 DUTIES. The Commission through the Director of Parks and Recreation shall recommend regulations and policies for the government, control and improvement of the public parks of the City of Apache Junction. The Commission shall also recommend fees for the use of public park facilities and recommend full time or seasonal employees as necessary for the efficient management of the city parks and recreation program. (Prior Code, § 2-8-8) ARTICLE 2-8: PARKS AND RECREATION COMMISSION Section 2-8-1 Creation 2-8-2 Membership and terms of office 2-8-3 Salaries and personal expenses 2-8-4 Officers 2-8-5 Meetings 2-8-6 Vacancies 2-8-7 Removal of members 2-8-8 Duties § 2-8-1 CREATION. A Parks and Recreation Commission of the City of Apache Junction is hereby created. (Prior Code, § 2-8-1) § 2-8-2 MEMBERSHIP AND TERMS OF OFFICE. (A) The Parks and Recreation Commission shall consist of 7 members who shall be appointed by the Mayor and approved by the Council. Ex-officio members,without voting privileges, may be designated by the Mayor with the approval of the Council. (B) Commission members shall all serve for a term of 3 years or until their successors are duly appointed by the Council. Terms of members shall be so staggered that the terms of no more than 3 members shall expire in any 1 year and, in accordance with this section, all such terms shall expire on October 31 of succeeding years, except that in the event of the Board membership complement falling below the required quorum level set forth in § 2-8- 5,the membership vacancies shall be filled by the Council for their unexpired terms any time before the annual October appointment cycle using the then-existing talent bank applications. If a reduction in membership is ever approved by the Council, the terms of office due to expire or unfilled at the time of amendment shall remain so and no future appointments shall be made to replace those members. (C) All members shall be residents of the City of Apache Junction. (Prior Code, § 2-8-2) (Am. Ord. 1328, passed 10-27-2008;Am. Ord. 1520, passed 12-7- 2021) § 2-8-3 SALARIES AND PERSONAL EXPENSES. The members of the Parks and Recreation Commission shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal . :-,Lx enses incurred by them in the discharge of their official duties, except to the extent and purposes and amount such expenses is- re first authorized and approved in advance by the Council. (Prior Code, § 2-8-3) § 2-8-4 OFFICERS. The Commission shall elect a Chairperson end qj Vice Chairperson a See , any-from their members to serve for a period of 1 year. The Vice Chairperson shall preside at meetings in the absence of the Chairperson. (Prior Code, § 2-8-4) § 2-8-5 MEETINGS. The Commission shall establish a regular meeting day and time at least once a month. Special meetings may be called as required.A quorum shall consist of 4 voting members for the transaction of all business. (Prior Code, § 2-8-5) § 2-8-6 VACANCIES. Vacancies shall be filled by the Council in accordance to Vol. I, § 2-8-2 for the unexpired term of the member affected. (Prior Code, § 2-8-6) § 2-8-7 REMOVAL OF MEMBERS. Members of the Commission serve at the pleasure of the Council and may be removed by the Mayor with the concurrence of the Council. A member shall not be absent from Parks and Recreation Commission regular meetings for more than 3 consecutive times without a reasonable excuse.After the absence of 3 consecutive meetings the remaining members of the Parks and Recreation Commission shall vote to retain or recommend to the Council that the absentee member be relieved of his or her duties on the Commission. (Prior Code, § 2-8-7) § 2-8-8 DUTIES. The Commission through the Director of C-onin-i*-M't-y-Sefvk.e,-,S-Parks and Recreationshall recommend regulations and pohc-,y-p-Qfi(:iL�Lfor the government, control and improvement of the public parks of the City of Apache junction. The Commission shall also recommend fees for the use of public park facilities and recommend full time or seasonal employees as necessary for the efficient management of the city parks and recreation program. (Prior Code, § 2-8-8) ORDINANCE NO. 1538 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 2 : MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS, ARTICLE 2-8 : PARKS AND RECREATION COMMISSION, SECTIONS 2-8-3, 2-8-4, AND 2-8-8; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, staff completed an internal review of the above-noted code sections and found some minor irregularities such as outdated reference to a secretary on the parks and recreation commission and other minor clerical discrepancies; and WHEREAS, on February 3, 2023, the mayor and city council authorized city staff and the parks and recreation commission to review the city code and consider staff suggested amendments to Article 2-8; and WHEREAS, the parks and recreation commission at their regularly scheduled April 5, 2023 meeting voted unanimously to recommend to council staff suggestions . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL A) That the following Apache Junction City Code Volume I provisions be amended to read as follows : § 2-8-3 SALARIES AND PERSONAL EXPENSES . The members of the Parks and Recreation Commission shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent and purposes and amount such expenses are first authorized and approved in advance by the Council . ORDINANCE NO. 1538 PAGE 1 OF 3 § 2-8-4 OFFICERS . The Commission shall elect a Chairperson and a Vice Chairperson from their members to serve for a period of 1 year. The Vice Chairperson shall preside at meetings in the absence of the Chairperson. § 2-8-8 DUTIES . The Commission through the Director of Parks and Recreation shall recommend regulations and policies for the government, control and improvement of the public parks of the City of Apache Junction. The Commission shall also recommend fees for the use of public park facilities and recommend full-time or seasonal employees as necessary for the efficient management of the city parks and recreation program. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any violation of any of the provisions adopted herein shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1, Section 1-1-11, Penalty. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF f 20 SIGNED AND ATTESTED TO THIS DAY OF 20 ORDINANCE NO 1538 PAGE 2 OF 3 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO 1538 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 23-703 Sponsor: Liz Langenbach Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No. 1539, amending the Apache Junction City Code Volume 1, Chapter 3: Administration, Article 3-13: Department of Parks and Recreation, amending Section 3-13-3: Powers and Duties, and repealing in its entirety section 3-13-5: Banner Placement and Supervision; repealing any conflicting provisions; providing for severability; and providing for penalties. City of Apache Junction,Arizona Page 1 Printed on 1211412023 Cit 0 achejunction Y )f'4P W . Homeqf the Superstition Mountains MEMORANDUM TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks & Recreation Director DATE: December 6, 2023 SUBJECT: Changes to the City Code Related to the Parks and Recreation Department Staff shared with city council at their February 3, 2023 meeting a desire to amend the below sections of the city code and was directed to discuss with the parks and recreation commission and bring back final recommendations. This has taken place and at this time staff and the parks and recreation commission are recommending the following amendments: Ordinance #1538 to Amend Article 2-8 PARKS AND RECREATION COMMISSION The commission does not require a secretary, as our Administrative Assistant has historically been responsible for all meeting minutes and agendas. Staff recommends removing the secretary position from this section as well as a few other minor irregularities from the code. Ordinance #1539 to Amend Article 3-13 PARKS AND RECREATION DEPARTMENT The city no longer manages banners in the median and has moved to an electronic marquee system. Staff recommends removing this section from the code In order to fulfill a requirement for Tree City USA designation, the department must be given specific responsibility to manage the trees and landscaping in public spaces. Staff recommend adding a section to Article 3-13 to allow for this. These changes, along with changes to minor irregularities, will be discussed at a Public Hearing. A redline and a clean version of the effected code will be included. Your consideration to adopt the necessary ordinances to amend the code is greatly appreciated. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119 e PHONE(480)983-2181 9 FAX(480)982-2438 9 TDD(480)983-0095 ARTICLE 3-13: DEPARTMENT OF PARKS AND RECREATION Section 3-13-1 Department established 3-13-2 Divisions of the Department 3-13-3 Powers and duties 3-13-4 Assignment and custody of physical properties § 3-13-1 DEPARTMENT ESTABLISHED. There is hereby created the Department of Parks and Recreation, an executive department of the city. It shall consist of the Director of Parks and Recreation who shall be the head of the department and all officers and employees assigned thereto.All such officers and employees shall perform their duties subject to the supervision of the director, who shall operate solely under the guidance and direction of, and report directly to,the City Manager. The Director of Parks and Recreation shall supervise the department in accordance with the applicable personnel ordinances and Vol. 1,Article 3-10 and shall exercise such powers and perform such duties as are customarily conferred and required by Vol. 1, applicable ordinances, resolutions or lawful directives. The position of Director of Parks and Recreation is hereby declared as classified service, and the Director shall be appointed and removed by the City Manager subject to ratification of the Council and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. (Prior Code, § 3-13-1) § 3-13-2 DIVISIONS OF THE DEPARTMENT. There are hereby created within the Department of Parks and Recreation,the divisions of recreation, park development and maintenance; and other such divisions as the Director deems appropriate for the efficient and expeditious operation of the department. Division heads shall be appointed and removed by the Director of Parks and Recreation subject to ratification by the City Manager and the provisions of Vol. 1,Article 3-10 as it now exists or may be hereafter amended. (Prior Code, § 3-13-2) § 3-13-3 POWERS AND DUTIES. The Director of Parks and Recreation shall: (A) Administer and operate existing recreation and park areas, facilities and programs and plan for the acquisition, development and operation of proposed facilities and programs in accordance with policies set by the Director,by lawful directives,by the Council and,when possible,with the recommendations formulated by the Parks and Recreation Commission; (B) Prepare an annual budget for presentation to the Council; (C) Inform the general public of the services and facilities being provided by the Department of Parks and Recreation; address professional civic and lay groups on recreational subjects; solicit suggestions from the general public on increasing the effectiveness of the recreation programs; cooperate with governmental and voluntary organizations and agencies in the solving of recreation problems; provide, upon request, assistance of a technical nature to community agencies and organizations on problems related to recreation and park facilities and programs; (D) Assist community organizations in the promotion of recreation services; conduct studies of local conditions and needs for recreation services; assist with the recruitment and training of professional recreation personnel and volunteer leaders; (E) Upon request, advise the Council, the Parks and Recreation Commission and community organizations concerning the expenditure of public funds for recreation and parks; acquisition, design and development of recreation facilities and areas; and shall maintain effective and cooperative relations with all city officials, state and federal agencies and with local, state and national voluntary recreation organizations; (F) With the approval of the Mayor and Council, post such rules and regulations as deemed necessary for the conduct of persons in the parks and other recreational facilities under his or her jurisdiction; and (G) Assign the management and care of trees and plants in public spaces to trained staff and volunteers within the department; and maintain a process for removal and replacement as guided by the department's Parks, Open Space, and Right-Of-Way Landscape Standards,which are regularly updated and visited to ensure best practices. (H) Create,update and follow routine inspection and maintenance schedules for all city parks and recreation facilities, including specialty amenities such as playgrounds, skate parks, and aquatic centers. (Prior Code, § 3-13-3) § 3-13-4 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES. All parks, playgrounds, recreational facilities and open space properties of the city shall be and are hereby assigned to the Department of Parks and Recreation. The Director of Parks and Recreation shall be the custodian of all tools, equipment and other personal property assigned to the department of community services. (Prior Code, § 3-13-4) ARTICLE 3-13:DEPARTMENT OF PARKS AND RECREATION Section 3-13-1 Department established 3-13-2 Divisions of the Department 3-13-3 Powers and duties 3-13-4 Assignment and custody of physical properties §3-13-1 DEPARTMENT ESTABLISHED. There is hereby created the Department of Parks and Recreation,an executive department of the city.It shall consist of the Director of Parks and Recreation who shall be the head of the department and all officers and employees assigned thereto.All such officers and employees shall perform their duties subject to the supervision of the director, who shall operate solely under the guidance and direction of,and report directly to,the City Manager.The Director of Parks and Recreation shall supervise the department in accordance with the applicable personnel ordinances and Vol.I,Article 3-10 and shall exercise such powers and perform such duties as are customarily conferred and required by Vol.I,applicable ordinances,resolutions or lawful directives.The position of Director of Parks and Recreation is hereby declared as classified service,and the Director shall be appointed and removed by the City Manager subject to ratification of the Council and shall serve and receive such compensation as shall be determined in accordance with the applicable personnel ordinance. (Prior Code,§3-13-1) §3-13-2 DIVISIONS OF THE DEPARTMENT. There are hereby created within the Department of Parks and Recreation,the divisions of recreation,park development and maintenance;and other such divisions as the Director deems appropriate for the efficient and expeditious operation of the department.Division heads shall be appointed and removed by the Director of Parks and Recreation subject to ratification by the City Manager and the provisions of Vol.I,Article 3-10 as it now exists or may be hereafter amended. (Prior Code,§3-13-2) §3-13-3 POWERS AND DUTIES. The Director of Parks and Recreation shall: (A) Administer and operate existing recreation and park areas,facilities and programs and plan for the acquisition,development and operation of proposed facilities and programs in accordance with policies set by the Director,by lawful directives,by the Council and,when possible,with the recommendations formulated by the Parks and Recreation Commission; (B) Prepare an annual budget for presentation to the Council; (C) Inform the general public of the services and facilities being provided by the Department of Parks and Recreation;address professional civic and lay groups on recreational subjects;solicit suggestions from the general public on increasing the effectiveness of the recreation programs;cooperate with governmental and voluntary organizations and agencies in the solving of recreation problems;provide,upon request, assistance of a technical nature to community agencies and organizations on problems related to recreation and park facilities and programs; (D) Assist community organizations in the promotion of recreation services;conduct studies of local conditions and needs for recreation services;assist with the recruitment and training of professional recreation personnel and volunteer leaders; (E) Upon request,advise the Council,the Parks and Recreation Commission and community organizations concerning the expenditure of public funds for recreation and parks;acquisition,design and development of recreation facilities and areas;and shall maintain effective and cooperative relations with all city officials,state and federal agencies and with local,state and national voluntary recreation organizations; (F) With the approval of the Mayor and Council,post such rules and regulations as deemed necessary for the conduct of persons in the parks and other recreational facilities under his or her jurisdiction;and 3 As ntIlemana ement and care�2f me s ncl plants in �� Yic spaces to trained staff and VOILititeei s within the dc�i�r tineiat� said inaisn�ain a latcicc<�tcia i emcpyal and rep-kmemnemuai s gazided by 11 defs twent s�'rirdts t?���ra_� t�ce acadRight_€���I61a La dsia Formatted:Font:Italic jLaLiciarcjs,which aide t°g ,larll u.ipd.a ed and visited to_eaasg�i e.be tepra tic's. Formatted:Font:Italic It s eeaE _�a date and follow routane ins eetion and maintenance schedules fc:i all c ty, Formatted:Font:italic parks and reore ation facilities.including S ygrounds,skate Font:Italic p,sarks nil igLuglic center L3, - $ +�rvis�grr�ie�ss aiielapproveall r fists fnr placca�rient ci€liantie�s at aigiiat��l {;iculic:pr- e ii -icrr�ai °�i� es�al�lased-in-t futui° ln� si�danc`e-w. csl: f,-:t 3x13.4z (Prior Code,§3-13-3) §3-13-4 ASSIGNMENT AND CUSTODY OF PHYSICAL PROPERTIES. All parks,playgrounds,recreational facilities and open space properties of the city shall be and are hereby assigned to the Department of Parks and Recreation.The Director of Parks and Recreation shall be the custodian of all tools,equipment and other personal property assigned to the department of community services. 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WHEREAS, staff completed an internal review of the above-noted code sections and found outdated references to supervising banner placement, and found the need to clarify general tree management and the use of approved landscaping standards for removal and replacement of trees and plants; and WHEREAS, on February 3, 2023, the mayor and city council authorized city staff and the parks and recreation commission to review the city code and consider staff suggested amendments to Article 3-13; and WHEREAS, the parks and recreation commission at their regularly scheduled April 5, 2023 meeting voted unanimously to recommend to council staff suggestions . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL A) That the following Apache Junction City Code Volume I provisions be amended as follows : § 3-13-3 POWERS AND DUTIES . Repeal and remove subsection (G) . Add to § 3-13-3 new subsections (G) and (H) : (G) Assign the management and care of trees and plants in public spaces to trained staff and volunteers within the department; and maintain a process for removal and replacement as guided by the department' s Parks, Open Space, and Right-Of-Way Landscape ORDINANCE NO. 1539 PAGE 1 OF 3 Standards, which are regularly updated and visited to ensure best practices . (H) Create, update and follow routine inspection and maintenance schedules for all city parks and recreation facilities, including specialty amenities such as playgrounds, skate parks, and aquatic centers . § 3-13-5 BANNER PLACEMENT AND SUPERVISION. Repeal and removal of this section in its entirety. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any violation of any of the provisions adopted herein shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1, Section 1-1-11, Penalty. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 20 SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON ORDINANCE NO. 1539 PAGE 2 OF 3 Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1539 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 23-687 Sponsor: Leslie DeReche Agenda Date: 12/19/2023 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution No. 23-40 a resolution of the mayor and city council of the City of Apache Junction, Arizona, approving and authorizing the execution and delivery of a First Amendment to Amended and Restated District Development Agreement, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2, and authorizing other actions in furtherance of this resolution whether heretofore or hereafter taken, including, without limitation, the execution and delivery of a consent to petition. City of Apache Junction,Arizona Page 1 Printed on 1211412023 RESOLUTION NO. 23-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO ENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2, AND AUTHORIZING OTHER ACTIONS IN FURTHERANCE OF THIS RESOLUTION WHETHER HERETOFORE OR HEREAFTER TAKEN, INCLUDING, WITHOUT LIMITATION, THE EXECUTION AND DELIVERY OF A CONSENT TO PETITION NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARI ONA, AS FOLLOWS : SECTION I FINDINGS The mayor and city council hereby make the following findings : A. On September 9, 2021, there was presented to use the governing body of the City of Apache Junction, Arizona., (hereinafter referred to as the "City" ) , a Petition for Formation and Petition for Adoption of Resolutions Ordering and Declaring Formation of Superstition Vistas Community Facilities District No. 2 , signed by the entities which., on the date thereof, were the "owners" f all real property as shown on the assessment roll for State and county taxes for Pinal County, Arizona, being D.R. Horton, Inc . (hereinafter called the ""D.R. Horton" ) and the Arizona State Land Department, in Superstition Vistas Community Facilities Distract No. 2 (hereinafter referred to as the "District" ) , the formation of which was requested by such petitioner an such petition, pursuant to Title 45 , Chapter 4 , Article 6, Arizona Revised Statutes, as amended (the "Act" ) . E. By Resolution No. 21-45 , adopted on October 5 , 2021 (the "Resolution" ) , by the mayor and city council of the City, the District was formed as a community facilities district pursuant to the terms and provisions of, and with the powers and authority established by, the Act C. Pursuant to the Act and Section -500 . 05, Arizona Revised Statutes, in connection with formation of the District , the City, the District and. D.R. Horton entered into that certain RESOLUTION NO. 23-40 PACE 1 OF 5 District Development, Financing Participation, Waiver and Intergovernmental Agreement , dated as of February 22 , 2022 (the "Original CFD Development Agreement" ) , and recorded as Fee No. 2022-021690 in the official records of Pinal County, Arizona, to specify, among other things, conditions, terms, restrictions and requirements for "public infrastructure" (as such term is defined in the Act) and the financing of public infrastructure . D. Pursuant to Section 10 . 3 of the Original CFD Development Agreement, D.R. Horton desired to assign its rights, title, interest, duties, obligations and liabilities as Developer (as defined in the Original CFD Development Agreement) under the Original CFD Development Agreement to Brookfield. Homes Holdings , LLC ( "Brookfield Homes" ) , E. D.R. Horton and Brookfield Homes executed and delivered that certain Assignment and. Assumption of District Development , Financing Participation, Waiver and Intergovernmental Agreement (Superstition Vistas Community Facilities District No. 2) , dated as of March 14 , 2022 (the "Assignment to Brookfield Homes" ) , and recorded as Fee No. 2022-087119 in the official records of Pinal County, Arizona, whereby D.R. Horton assigned, and Brookfield Homes assumed, the role of Developer under the original CFD Development Agreement, and the City and the District consented to such Assignment to Brookfield Homes . F. Brookfield Homes subsequently desired to assign its rights, title, interest, duties, obligations and liabilities as Developer to Brookfield ASLD 8500, LLC ( "Brookfield ASLD 850011 ) , in accordance with Section 10 . 3 of the Original CFD Development Agreement, provided that Brookfield Homes would retain certain duties, obligations and liabilities under the original CFD Development Agreement as a guarantor and indemnitor. G. In order to consummate the assignment of the Developer role to, and the assumption thereof by, Brookfield ASLD 8500 and in order to delineate the duties, obligations and liabilities of Brookfield Homes, the City, the District, Brookfield ASLD 8500 and Brookfield Homes executed and delivered that certain Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2 , dated as of October 1.0, 2022 , and recorded in the official records of Pinal County as Fee No. 2022 - 106816 (the "CFD Development Agreement" ) . The City' s execution and delivery of the CFD Development Agreement was approved and authorized by Resolution No. 22-35 adopted by the mayor and council of the City on September 6 , 2022 . RESOLUTION NO. 23-40 PAGE 2 OF 5 R. All owners of land within. the District thereafter signed a petition, and. the City consented to such petition, which was submitted to the Board of Directors of the District requesting the deletion of an area from the boundaries of the District pursuant to Sections 48-707F and 4 -714 , Arizona Revised Statutes . In connection with the deletion of an area from the District boundaries, Brookfield Homes and Brookfield A T.,D 8500 have requested the execution and delivery of the First Amendment to Amended and Restated District Development, Financing Participation, Waiver and. Intergovernmental Agreement (the "First Amendment to CFD Development Agreement" ) in substantially the form now on file with the clerk. SECTION II AUTHORIZATION AND APPROVAL (OF•° FIRST AMENDMENT TO CFD DEVELOPMENT AGREEMENT The First Amendment to CFD Development Agreement is hereby approved in substantially the farm submitted herewith, with such changes, additions, deletions, insertions and omissions, if any, as the mayor of the City, with the advice of the manager of the City and the city attorney of the City, shall authorize, and the execution and delivery of the First Amendment to CFD Development Agreement shall be conclusive evidence of the propriety of such document and the authority of the person or persons executing the same . The mayor of the City, with the advice of the manager of the City and the city attorney of the City, is hereby authorized and directed to execute, and the clerk of the City to attest and deliver, the First Amendment to CFD Development Agreement on. behalf of the City. SECTION ITT RATIFICATION AND AUTHORIZATION A. Resolution No. 21.-46 and Resolution No. 22-35 and all things done arising therefrom are hereby ratified and confirmed i all other respects notwithstanding the execution and delivery of the Forst Amendment to CFD Development Agreement . D. All actions of the mayor and council of the City, the manager of the City, the clerk of the City, the finance director of the City, and the City attorney of the City, or the designees of any of them, whether heretofore or hereafter taken, in furtherance of this resolution and pertaining to the deletion of an area from the boundaries of the .District, including, without limitation, the execution and delivery of the ity' s consent to the petition requesting deletion of an area from the boundaries of the Distract, are hereby ratified, confirmed., authorized and approved.. RESOLUTION NO. 2 3-4 0 PAGE 3 OF 5 SECTION IV NO LIABILITY OF OR FOR THE CITY Neither the City nor the State of Arizona or any political subdivision of either (other than the District) shall be directly, indirectly or morally liable or obligated for the costs of the public infrastructure contemplated by the CFD Development Agreement, as amended by the First Amendment to the CFD Development Agreement, for the District nor for the payment or repayment of any indebtedness, liability, cost, expense or obligation of the District, and neither the credit nor the taxing power of the City, the State of Arizona or any political subdivision of either (other than the District) shall be pledged therefor. SECTION V EFFECT OF RESOLUTION A. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any remaining provisions of this resolution. B . All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. [Signature page to follow. ] RESOLUTION NO. 23-40 PAGE 4 OF 5 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APAC E JUNCTION, ARI ONA., THIS � DAY OF & 2023 . SIGNED AND ATTESTED TO THIS DAY OF 2023 . ALTER "CHIP" WIL ON Mayor ATTEST: . ,......... .. JENNIF R P NA City Clerk APPROVED AS TO FORM: RICHA D JO L STERN City Attorney RESOLUTION NO. 2 3 -4 0 PAGE 5 OF 5 When recorded, return to: Zachary D. Sakas, Esq. Greenberg Traurig, LLP 2375 East Camelback Road, Suite 800 Phoenix, Arizona 85016 FIRST AMENDMENT TO AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION,WAIVER AND INTERGOVERNMENTAL AGREEMENT by and among CITY OF APACHE JUNCTION,ARIZONA, SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2, BROOKFIELD HOMES HOLDINGS LLC, and BROOKFIELD ASLD 8500 LLC Dated as of , 20_ ACTIVE 691711869v1 THIS FIRST AMENDMENT TO AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT, dated as of , 20_(this "Amendment"),is entered into by and among the City of Apache Junction, Arizona, an Arizona municipal corporation (the "Municipality"); Superstition Vistas Community Facilities District No. 2, a community facilities district formed by the Municipality, and duly organized and validly existing, pursuant to the laws of the State of Arizona(the "District"); Brookfield Homes Holdings, LLC, a California limited liability company duly organized and validly existing pursuant to the laws of the State of California (`Brookfield Homes"), which has an interest in certain property in the District and is an investor, guarantor and indemnitor but is not a developer; and Brookfield ASLD 8500 LLC, a Delaware limited liability company duly organized and validly existing pursuant to the laws of the State of Delaware (the "Developer"), which has an interest in certain property within the boundaries of the District and is an investor, developer, guarantor and indemnitor. The Property (as defined in the hereinafter defined CFD Development Agreement) is land granted to the Arizona State Land Department ("ASLD"), and ASLD has permitted the recordation of this Amendment on the Property pursuant to Section 2.7 of the Participation Contract (as defined in the CFD Development Agreement). RECITALS A. The Municipality, the District, Brookfield Homes and the Developer previously entered into the Amended and Restated District Development,Financing Participation, Waiver and Intergovernmental Agreement, dated as of October 10, 2022, and recorded on October 11, 2022 as Fee No. 2022-106816 in the official records of Pinal County, Arizona (the "CFD Development Agreement'). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed in the CFD Development Agreement. B. Brookfield Homes, Developer and ASLD, together with the other owners of all land within the boundaries of the District, thereafter requested that the boundaries of the District be amended (the `Boundary Amendment") to delete certain real property constituting approximately 97 acres, and the revised boundaries of the District are legally described on Exhibit A attached hereto. C. The Mayor and Council of the Municipality approved the execution and delivery of this Amendment pursuant to Resolution No. 23-40, passed and adopted on December 19, 2023. D. The District Board of the District approved the Boundary Amendment and the execution and delivery of this Amendment pursuant to Resolution No. 2023-003 SVCFD No. 2,passed and adopted on December 19, 2023. E. The Municipality, the District, Brookfield Homes and the Developer now desire to amend the CFD Development Agreement as provided herein. ACTIVE 691711869v1 AGREEMENT NOW, THEREFORE, in the joint and mutual exercise of their powers, in consideration of the above premises and of the mutual covenants herein contained and for other valuable consideration, and subject to the conditions set forth herein, the parties hereto agree that: 1. The original Exhibit A attached to the CFD Development Agreement is hereby superseded and replaced in its entirety by Exhibit A attached to this Amendment. References in the CFD Development Agreement to the "Property" shall hereafter mean and refer to the real property legally described in Exhibit A attached to this Amendment. 2. The CFD Development Agreement, as amended by this Amendment, is hereby ratified and shall remain in full force and effect. IN WITNESS WHEREOF, the officers of the Municipality and of the District have duly affixed their signatures and attestations, and the officers of Brookfield Homes and the Developer their signatures, all as of the day and year first written above. [Signature Pages to Follow] ACTIVE 691711869v1 CITY OF APACHE JUNCTION, ARIZONA, a municipal corporation By: Walter"Chip"Wilson, Mayor STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of , 20_, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, a municipal corporation under the laws of the State of Arizona. Notary Public (Affix Seal Here) ATTEST: Jennifer Pena, City Clerk Pursuant to A.R.S. Section 11-952(D), this Amendment has been reviewed by the undersigned attorney for the Municipality who has determined that this Amendment is in proper form and is within the powers and authority granted pursuant to the laws of this State to the Municipality. Richard Joel Stern, City Attorney [Signature Page to First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACTIVE 691711869v1 SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 By: Walter"Chip"Wilson, Chairman, District Board STATE OF ARIZONA ) )ss. COUNTY OF FINAL ) The foregoing instrument was acknowledged before me this day of , 20 , by Walter "Chip" Wilson, as Chairman of the Board of Directors of Superstition Vistas Community Facilities District No. 2, an Arizona community facilities district. Notary Public (Affix Seal Here) ATTEST: Jennifer Pena, District Clerk Pursuant to A.R.S. Section 11-952(D), this Amendment has been reviewed by the undersigned attorney for the District,who has determined that this Amendment is in proper form and is within the powers and authority granted pursuant to the laws of this State to the District. Richard Joel Stern, District Counsel [Signature Page to First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACTIVE 691711869v1 DEVELOPER: BROOKFIELD ASLD 8500 LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of Brookfield ASLD 8500 LLC, a Delaware limited liability company. (Seal and Expiration Date) Notary Public in and for the State of STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , the of Brookfield ASLD 8500 LLC, a Delaware limited liability company. (Seal and Expiration Date) Notary Public in and for the State of [Signature Page to First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACTIVE 691711869v1 BROOKFIELD HOMES: BROOKFIELD HOMES HOLDINGS LLC, a California limited liability company By: Name: Its: By: Name: Its: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) ss. County of ) On , 20_, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized eapaeity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature: (Seal) STATE OF CALIFORNIA ) ss. County of ) On , 20 , before me, , a Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature: (Seal.) [Signature Page to First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACTIVE 691711869v1 [Signature Page to First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACTIVE 69171 1869v1 CONSENT AND AGREEMENT Reference is made to that certain First Amendment to Amended and Restated District Development, Financing Participation and Intergovernmental Agreement for Superstition Vistas Community Facilities District No.2,dated as of ,20_,by and among the City of Apache Junction, Arizona, Superstition Vistas Community Facilities District No. 2, Brookfield Homes Holdings, LLC and Brookfield ASLD 8500, LLC, to which this Consent and Agreement is attached (the "CFD Development Agreement Amendment"). Capitalized terms used and not otherwise defined in this Consent and Agreement shall have the meanings set forth in the CFD Development Agreement Amendment. D.R. Horton, Inc. ("D.R. Horton"), having an interest in the real property within the boundaries of the District, hereby consents to the CFD Development Agreement Amendment, acknowledges that the CFD Development Agreement Amendment shall bind all real property in which D.R. Horton has an interest within the boundaries of the District, and authorizes the recordation of the CFD Development Agreement Amendment with respect to all such real property. In no event, however, shall anything in this Consent and Agreement constitute an assumption by D.R. Horton of the obligations of the Developer or Brookfield Homes under the CFD Development Agreement, as amended. Dated as of , 20 . [Signature page to follow] ACTIVE 691711869v1 D.R. HORTON, INC., a Delaware corporation By: Name: Its: STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of , 20 , by the of D.R. Horton, Inc., a Delaware corporation. (Seal and Expiration Date) Notary Public in and for the State of Arizona [Signature Page to D.R. Horton Consent and Agreement to First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACTIVE 691711869v1 ACKNOWLEDGMENT AND CONSENT OF SMCFD AND WUCFD Reference is made to that certain First Amendment to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of ' 20_ (the "CFD Development Agreement Amendment"), by and among the City of Apache Junction, Arizona(the "Municipality"), Superstition Vistas Community Facilities District No. 2 (the "District"), Brookfield Homes Holdings LLC, and Brookfield ASLD 8500 LLC (the "Developer"), to which this Acknowledgment and Consent(this"Acknowledgment and Consent") is attached. All capitalized terms used and not otherwise defined in this Acknowledgment and Consent shall have the meanings set forth in the CFD Development Agreement Amendment, or, as applicable, the Intergovernmental Agreement by and among the Water Utilities Community Facilities District (City of Apache Junction, Arizona), the Superstition Mountains Community Facilities District No. 1, the Superstition Vistas Community Facilities District No. I and the Superstition Vistas Community Facilities District No. 2 Pertaining to Community Facilities District Operations, Infrastructure and Financings, dated as of November 30, 2021 and recorded January 24, 2022, in the Official Records of the Pinal County Recorder as Instrument No. 2022- 009053 (the "IGA"). The undersigned representatives of SMCFD and WUCFD have had the opportunity and right to review the terms and provisions of the CFD Development Agreement Amendment and the General Plan of the District, as amended, and, in accordance with the IGA, SMCFD and WUCFD each hereby acknowledges and consents to the terms of Section 10.23 of the CFD Development Agreement,including,without limitation,accepting Infrastructure acquired by the District in accordance with the CFD Development Agreement and A.R.S. Title 48, Chapter 4,Article 6, as amended. Such Section 10.23 of the CFD Development Agreement remains in full force and effect and was not amended by the CFD Development Agreement Amendment. Dated as of-, 20. ACTIVE 6917118690 WATER UTILITIES COMMUNITY FACILITIES DISTRICT (CITY OF APACHE JUNCTION, ARIZONA), an Arizona community facilities district By: Walter "Chip" Wilson, Chairman, Board of Directors STATE OF ARIZONA ) )ss. COUNTY OF FINAL ) The foregoing instrument was acknowledged before me this day of 20 , by Walter "Chip" Wilson, as Chairman of the Board of Directors of the Water Utilities Community Facilities District (City of Apache Junction, Arizona), an Arizona community facilities district. Notary Public ATTEST: Jennifer Pena, District Clerk [Signature Page to Acknowledgment and Consent of SMCFD and WUCFD] ACTIVE 691711869v1 SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1, an Arizona community facilities district By: Kathleen Waldron, Chairperson, Board of Directors STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of 20_, by Kathleen Waldron, as the Chairperson of the Board of Directors of Superstition Mountains Community Facilities District No. 1, an Arizona community facilities district. Notary Public [Signature Page to Acknowledgment and Consent of SMCFD and WUCFD] ACTIVE 691711869v1 EXHIBIT A AMENDED LEGAL DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE DISTRICT A-1 ACTIVE 69171 1869v1 CFD DESCRIPTION THAT PORTION OF SECTION 17, SECTION 20, THE SOUTH HALF OF SECTION 18 AND THE NORTH HALF OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A GILD BRASS CAP FLUSH MARKING THE SOUTHWEST CORNER OF SAID SECTION 18, FROM WHICH A 2" GLO BRASS CAP FLUSH STAMPED "1911" MARKING THE WEST QUARTER THEREOF BEARS NORTH 0'39'46" WEST, A DISTANCE OF 2640.53 FEET; THENCE NORTH 89'46'25" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18, A DISTANCE OF 2795,82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 53'29'26" EAST, A DISTANCE OF 4200.32 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17 THENCE NORTH 00'17'10" WEST ALONG SAID WEST LINE, A DISTANCE OF 1`55.66 FEET TO THE WEST QUARTER:CORNER' THEREOF; THENCE NORTH 00'13'51" WEST ALONG' THE WEST'LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A DISTANCE OF 2639.88 FEET; E THENCE NORTH 8945'04" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SEC11ON 17, A DISTANCE OF 2642.33 FEET TO THE NORTH QUARTER CORNER THEREOF; THENCE SOUTH 00'16'32" EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 854.89 FEET, THENCE NORTH 5327'53" EAST, A DISTANCE OF 1443.34 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17; w THENCE NORTH 89'47'06" EAST ALONG SAID NORTH LINE; A DISTANCE OF 1480.05 FEET TO A 3" BRASS CAP FLUSH STAMPED "LS 35306" MARKING THE NORTHEAST CORNER OF SAID SECTION 17 THENCE SOUTH 00-17'17' EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 2641.26 FEET TO THE EAST QUARTER CORNER THEREOF; THENCE SOUTH OO'18'13" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17, A DISTANCE OF 2640.84 FEET TO THE SOUTHEAST CORNER THEREOF;' THENCE SOUTH QO'15'50" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 2641.43 FEET TO THE EAST QUARTER CORNER THEREOF; E THENCE SOUTH OO"15'30" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID M SECTION 20, A DISTANCE OF 2641.53 FEET TO THE SOUTHEAST CORNER THEREOF; `E SUNRISE ENGINEERING 2045 SOUTH-NEYARD,.SUITE 101 MESA,ARIZONA 85210: :SHEET 1 OF 6 TEL 480.768,8600 www, risre-eng.com A-2 ACTIVE 691711869v1 CFD DESCRIPTION THENCE SOUTH 89'46'59" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2643.36 FEET TO THE SOUTH QUARTER CORNER THEREOF; THENCE SOUTH 89'48'18"`WEST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20, A DISTANCE OF 1583.04 FEET; THENCE NORTH 0'11'42" WEST, A DISTANCE OF 1195.73 FEET; THENCE SOUTH 89'43'00" WEST, A DISTANCE OF 1062.59 TO A POINT ON THE WEST LINE OF SAID; SOUTHWEST QUARTER; THENCE NORTH 00'17'01" WEST ALONG SAID WEST LINE, A DISTANCE OF 1446.18 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 20; THENCE NORTH 00'17'35"` WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20, A DISTANCE'OF 1751.57 FEET; THENCE NORTH 90'00'00" EAST, A DISTANCE OF 1166.97 FEET; E THENCE NORTH 0'00'00 EAST, A DISTANCE OF 483.14 FEET; THENCE NORTH 75'51'51" EAST, A DISTANCE OF 90.15`FEET; THENCE NORTH 14'08'09 WEST, A DISTANCE OF '460.90 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2000.00 FEET, A CENTRAL ANGLE OF'07"09'30" AND A CHORD WHICH BEARS NORTH 72'20'32" EAST„ 249.71 FEET; A THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 249.87 FEET; THENCE NORTH 00'17'10" WEST, A DISTANCE OF 884.37 FEET; THENCE SOUTH 89'42'50" WEST, A DISTANCE OF'1385.00 FEET TO A POINT ON THE WEST LINE OF THE M SOUTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 00'17'10" EAST ALONG SAID WEST LINE, A DISTANCE OF 1`015,77 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89'46'31 WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 500.00 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 2500.00 FEET AND A CENTRAL ANGLE OF 22'55'06" THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1000.00 FEET; E SUNRISE ENGINEERING 2045 SOUTH VINEYARD,SUITE.101 MESA,ARIZONA 85210. :SHEET r�L OF 6 TEL 480,768,8600 VWw,m?'1weng.COM A-3 ACTIVE 691711869v1 CFD DESCRIPTION THENCE SOUTH 66'51'25 WEST, A DISTANCE OF 540.51 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 3000.00 FEET AND A CENTRAL ANGLE OF 30'39'58"; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1605.68 FEET; THENCE NORTH 82'28'36n WEST, A DISTANCE OF 583.28 FEET TO A POINT ON THE NORTH LINE OF A MARICOPA COUNTY FLOOD CONTROL DISTRICT EASEMENT, AS RECORDED IN DOCUMENT NUMBER 2011-0619607, OF THE PINAL COUNTY RECORDS; THENCE NORTH 53°29'13" EAST ALONG SAID NORTH LINE, A DISTANCE OF 910.06 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 57138991 SQUARE FEET OR 1311.7307 ACRES MORE OR LESS. SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO, ?°L -- r �y�RctF�aar�`,,F�°�` 4 RoN1UIE E � l DORSEr \b<�0/10/202 E SUNRISE ENGINEERING 2045 SOUTH-NEYARD,.SUITE 101 MESA,ARIZONA$,2'0 TEL480,76s.as0o SHEET 3 OF 6 www.mrlse-eng com A-4 ACTIVE 691711869v1 2 NOT TO SCALE NORTHEAST CORNER SECTION 17 T1 S, R8E G&cSRM FOUND 3" BRASS CAP FLUSH STAMPED IS 35306" ELLIOT AVENUE (ALIGNMENT} L4 A L7LLI ~ WEST QUARTER CORNER 5 J SECTION 18 T1S, RBE G&cSRM °�° / FOUND 2" GLO BRASS CAP FLUSH ; STAMPED °"1911" Q Z SEC 18 T1 S R8E L2 0- SEC 17 T1 S HE W E Z 2 o ` O to , cl. of POB o Q N89'46'25"E \ WARNER ROAD d p 2795.82' D4 CZ L2 (ALIGNMENT) 0` POC27 C3 L18 W SOUTHWEST CORNER H SECTION 18 SEE DETAIL U T1S, R8E G&cSRM SHEET 5 FOUND GLO BRASS CAP FLUSH SEC 1 T1 S R8E SEC 20 T1 S HE W v L15 RAY AVENUE L13 L12 E R o�Ar,�o 'BONNIE E. DJRSEY Q10/10/20 S .;f ra SUNRISE ff ooa,�/ 'O�res WAR ENGINEERING 2045 SOUTH VINEYARD,SUITE.101 A CC MESA,ARIZONA 85210. :SHEET 't OF U TEL 480,768,8600 A-5 ACTIVE 691711869v1 2 NOT TO SCALE C'V tV J SOUTHWEST CORNER' SECTION 17 T1 S, 'R8E, G&SRM � CALCULATED POSITION 60,07' n 1161.06' — - 1482.86' N89'47'14"E 2643.92' SOUTH QUARTER CORNER E SECTION 17 T1S, R8E, G&SRM j 9 CALCULATED POSITION �o n dry cp j\F l GA 8862 RONNIE E. DOP.SEY � ABBREVIATIONS 4 T APN ASSESSOR PARCEL NUMBER DOC. NO DOCUMENT NUMBER E EAST PCR PINAL COUNTY RECORDS N NORTH POB POINT OF BEGINNING L18 POC POINT OF COMMENCEMENT E R RANGE S SOUTH T TOWNSHIP' W WEST LEGEND SUNRISE SUBJECT SECTION ENGINEERING — PLcS*cS� SUB-SECTION LlNtE�. LINE SUB-SECTION. LINE. 2045 SOUTH-NEYARD,.SUITE 101 CC MESA,ARIZONA 85210. :SHEET J OF 6 TEL 480,768,8600 A-6 ACTIVE 691711869v1 LINE TABLE LINE TABLE LINE # DIRECTION LENGTH LINE # DIRECTION LENGTH L1 N53'29'26"E 4200.33' L15 S89°43'00"W 1062.59' L2 NO'17'10"W 155.66' L16 N017'01"W 1446.18' L3 NO'13'51"W 2639,88' L17 NO'17'35"W 1751.57' L4 N89'45'04"E 2642.33' L18 N90`00'00"E 1166.97' L5 SO'16'32"E 854.89' 1-19 NO'00'00"E 483.14' L6 N53'27'53"E 1443.34' L20 N75°51'51"E 90.15' L7 N89'47'06"E 1480.05' L21 N14'08'09"W 460.90' E L8 SO'17'17"E 2641.26' L22 NO`17'10"W 884,37'° L9 SO'18'1YE 2640.84' L23 S89'42'50"W 1385.00' L10 SO`15'50"E 2641.43' L24 SO`17'10"E 1015.77' L11 SO`15'30"E 2641.53 L25 S89'46'31"W KOM' w L12 S89"46'59"W 2643.36' L26 S66'51'25"W 540.51' L13 S89'48'18"W 1583.04' L27 N82'28'36"W 583.28' L14 N0`11'42"W 1195.73' L28 N53'29'13"E 910.06' CURVE TABLE E CURVE DELTA RADIUS LENGTH _CHORD BEARING CHORD DIST Cl 7`09'30" MOM 249.87' N72°20'32"E 249.71' E C2 22°55'06" 250000 1000.00' S78°18'58"W 993.35' U3 30"39'58" 3000.00 1605.68' 1 S82.11`24"W 1586.58' ll RONNIE E. SUNRISE DORSU l �o \ � - ENGINEERING is 2az SUITE 101 MESA,,ARIZONA 5210$ TEL 460.766,8500 SHEET 6 OF 6 www.sw»rfse-engcom A-7 ACTIVE 691711869v1 CITY COUNCIL MEETING ROLL CALL Date: Work Study Regular Special S: E: S:q,' E:?A,y S: 0.60 E:6 61 CITY COUNCIL:, Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON ✓ ✓ `� VICE MAYOR SCHROEDER 1// f COUNCILMEMBER CROSS COUNCILMEMBER HECK l� COUNCILMEMBER JO.HNSON L� COUNCILMEMBER NESSER COUNCILMEMBER SOLLER 1/ / TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V Assistant City Manager Matt Busby I/ City Clerk Jennifer Pena V11- City Attorney Joel Stern Information Technology Director Doug Wirthgen Public Information Officer Al Bravo Public Safety Director Michael Pooley Dev Services Director Rudy Esquivias f PW Director Ted Wolff Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche V 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 IVlngr 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 1(11/• t4 P—M CO&S City Council VOTE - ROLL CALL ITEM # I J MEETING OF 70 z 3 MOTION BY: SECONDED BY: �. NOTES: (1 t $2rn A anc i— S 3 . a- a3 --4o � YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER ✓ COUNCILMEMBER NESSER COUNCIL EMBER CROSS ✓ COUNCIL EMBER HECK ✓ COUNCILIkMBER JOHNSON ✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL v Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # ' _� �� MEETING OF lJ MOTION BY: Coss SECONDED BY: AJAIUn NOTES: 1S3 wind N- UOILd YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK �I COUNCILMEMBER SOLLER ✓ VICE MAYOR SCHROEDER ✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 7 U Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 10 a 3 �d3 MEETING OF Q- L(R-ZO Z 3 MOTION BY: 0� i ECONDED BY: 8SAV X . so 0 er ' NOTES: 3fNnuv_rS 1)04 S��h YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER ✓ COUNCILMEMBER CROSS COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER ,✓ �/ COUNCILMEMBER HECK MAYOR WILSON xz- TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 3 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �I r o�Jp`�7 MEETING OF (9 `Zoz,3 MOTION BY: 6\P o-K SECONDED BY: SC1Ail(al cf e& NOTES: �3-(4 YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER HECK NZ COUNCILMEMBER CROSS VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER SOLLER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OP/POSED ABSTAINED TOTAL CJ Vote sheet 4 S:/5—Templates&Forms/Vote Call—City Council 1 Date: eL CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item it: / I would like .to speak on a Non-Agenda matter regarding: --'cr` 7'0 C _ Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. / I am opposed to the proposed Item. ClFirst Name East Name (PRINT) � c- �� � � % � 4-1, �s ZG A dress City Zip Code Telephone Email address This information will .be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five mi.nu;te limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/heir participation with the likelihood that their image will appear on cable TV and the internee video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 Date: I AIL CITY-OF ARACIIIE J UINRZ M 0 N R, QUEST TO SPEAK'FORM Please fill out completely and return to [Ile City Clerk PRIOR to the' MIGIUSiOtl of the City Manager's Report IDortion of.the agerkla. I would-like to speak on Agencla 1-torn #: [would like to spoak on a Non-,Agenda matter- regarding: .Do YQL( wish 'to speak before Council on this item? Yes V iN o Only If Necessary I am in'Tavor of tl-,.Ie proposed Item. --I ain Opposed to the proposed Iten-1. T�Trn POJ -(2=- Firs f .Uarne Last Nan-ic (PRINT) 4� Address City Zip Code _7 Telephone Email address This information will be used by staff for follow-ut , if necess.3i'v, Speakers shall make comments directly to .the McayqrandCity Gbumcil when called up to speak at the p0diL1111. Note,- Cal'I to-the,,Public comments have a three M,h1UtC liMit Z1,11d Public Hearing comme:vlts have a fiv,',e Conselit for.Mminoir. to be Audio and/or Video Recorded: as the parent/guardian of (minor(s)), a minor(s), ogree to. allow said minor(s) to, ap'pe@r and/or participate in the City ol' AlDa-C-1-10 J—WICU011 Cit; Council Mc:ctinc}. 1 further understand tli*-,il-ti�,�js activity mpy,;b%z; - clUdiO and/or video recorded and 1 hereby consent to lhc:�, minor being -,ILICHO 2-111d/01- Video recorded with!the likelihood that their image will appear on onble TV and [lie internet video stream shov-,Iinci their participation. AR.S. ,�N 1430�.(711)109). _Iq _Signature of II S�are nt 3uardian D n i e 0 u 121:(3,121i,0 1,9 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. would like to speak on Agenda Item #: ``�� !� I would like to speak on a Non-Agenda matter regarding: CA���Vv /Ay L7 RA 1 I �/ 1� U -k7/w ez) Al iw �a wad Do you wish 'to speak before Council on this item? Yes No Only If Necessary &I am in favor of the proposed Item. I am opposed to the proposed Item. n_a)) /' C 17,-L.- First Name East Name (PRINT) _ �0- Y C- 6 AO-W rd g54), a Address C'ty Zip Code ZD 0-W, oYL-� Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute-limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with,the likelihood that their age will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9)_ �. Signatur of Par /Guardian Date 08/26/2019 Date: ✓ °A ST\ �' _ --- -----��� C r E O�- A l?A C (,C JUNCTION - REQUEST TO SPEAK FORM -Please:fill out completely and relLu-n to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of.-the agenda. I woulclAilce o speak on Agenda ItcrZ1 Ili: I-would like to spealt on a Non-Agenda rllatter regarding: /v © Y\_ w �( -Do yoer-wis-Il-tO speak before COCInCil Oil t{lis iteill? 1'es "`- \io Only If Necessary I ails in favor of the proposecb Item. �^_; an:r opposed to the proposed Item. 1=rrsf N7nac fast iJanlc (PRINT) 8' Address City /ip Coci dj, Y Telephone- - h-As 1 Enla,1 .rdar c�� This information will be used by staff for follow-up, if necessary. Speakers Shall make comments directly to the Mayor and-City Council when called up to speak at the podium. Note: ,.CIll .to the, PL blic co.mnlents have a three nl-i.nut(; limit and I'tiblic {-bearing coniments .have a five. rl�ii�crte !'iartit Consent for Minor to be Audio and/or Video Recorded: l; as the parent/gu,udiar, of _ (minor(s)). a minor(s), arlreo- to allow said minor(s) to al:pear and/or participate in the City of Apache_, Junction City Council Meeting. I further understand Ulat th:i_s aciiVity m. ! be audio and/or video recorded and I hereby consent to the minor- being audio and/or video recorded d,r:rring his/hfvr participaaibn wrL --tire likelihood that their image will appear on c iblc, TV and the internet video strc=u17 shoveling their participation. A.R.S. 'f=6�2 Signature of Parent/Guardian Date 2 FIDE Meeting location: Cit of A ache Junction, Arizona Y . p '�� City Council Chambers.: Le z at Su City Hall 00 E. 'f BI • Su perstition i ion v A enda g Apache Junction,AZ PI"C3C�� ... 85119.. City Council Meeting apacheju nctionaz.gov Ph:(480)982-8002 Tuesday, December 19,2023 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 jhe,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; 23-706 Consideration'of acceptance of agenda. 23-707 . Consideration of approval.of minutes of the regular meeting.of December.5; 2023. 3.' .. : .23-662 Presentation, discussion and consideration of first amendment to employment agreement with Michael McVey for Apache Junction Municipal Court Associate Magistrate services. 4. : - .23-664 Consideration of approval.of.procurement.of two (2)traffic monitoring trailers and camera modules from Air Comm Corporation or an amount not to exceed $133,525.1.2.::: 5. : 23-701 Consideration of approval of rejection of:proposals for Superstition .. Shadows_Aquatic Center Artificial Turf RFP Project.No._P&R 2023-001 for:unresponsiveness. 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 grantor :. donated:funds are permitted at this time. F:. REGIONAL:INTERGOVERNMENTAL UPDATES. The mayor or any member-of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on:such items except_for clarifying comments related to,substance, time and location. City of Apache Junotion;Ariiona Page:1 Printed:on 12/14/2023 n- .... - r t. City Council Meeting Agenda:: December:19,2023 --- - " d-P.CeSSiGn red. � �+-ZM `� S_vc8 5 Ka u - poaL�a.i r 6. . .. 23-708 Brief summaryof intergovernmental u dates.from mayor and 9 P Y councilmembers. Sunrise ;1nPa : too VU-Ps cl\ gd 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. 23-709 City Manager's Report. ''',�Ld� „ .. .. ..8. 23-710 Announcement of Current Events. H. PUBLIC HEARINGS:. Public hearings required by applicable law shall be conducted by the council and any person shall be ... given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any memberthereof. Such remarks.shall be limited to five. 5 minutes unless additional time is ranted b 9 y.. the mayor. This:time limitation shall not.apply toApplicants and their agents appearing before the council. 9. 23-702 Presentation, discussion; public hearing and:consideration of : :.: 9 .of Ordinance No. 1538, amending the Apache Junction adoption City Code, Volume 1, Chapter 2::.Mayor,Council, and Appointed Boards a Commissions,Article 2-8: Parks and Recreation ids and S t 283 2 d2 ommission, ec ions - : -8-4, an . -8=8;repealing any. qr conflictin rovisions; providing forseverabilit ; and establishin an 9.P. .. 9 Y 9 effective date. 1.0. 23-703 . Presentation,.discussion; public hearing.,.and,consideration of ("A'A� Ordinance.No. 1539, amending the Apache Junction City Code l �( Volume 1"Chapter 3: Administration, Article 3-13: Department of Parks and Recreation,;amending Section.3-13-3: Powers and;:. : 0 Duties, and.repealing in its entirety section 3-1375: Banner Placement and..Supervision;,repealing any conflicting provisions; providing for severabilit and rovidin for penalties. P . .. 9 Y.� p g .. . s I. : :-OLD BUSINESS. The council shall consider any business that has been previously considered and which is still ..... unfinished to-include those items previously postponed or tabled. No.member of the public shall be permitted to speak on,these items unless invited.to do so by the.mayor after first submitting a written request-to-speak form with the.city clerk. J. NEW BUSINESS The council shall consider any.business not yet considered. No member of the public shall be permitted to speak:on these items unless invited to do so by:the mayor after first submitting a written request-to-speak form with the city clerk. . . City of Apache Junction;Arizona Page 2 : Pdn&4d on'1211412023 City Council Meeting: Agenda:- December:19,2023 11.. . 23-687 Presentation, discussion and consideration of Resolution .No. ..23-40 a resolution of the mayor and city. council of the City.:of Apache Junction, Arizona, approving, and authorizing . the, execution : -and delivery of .a First Amendment to Amended and Restated District Development Agreement, Financing Partici ation, Waiver and Intergovernmental . Agreement for Superstition Vistas Community Facilities District. No. 2, and. authorizing lother actions in furtherance of this resolution- whether heretofore. ..or hereafter taken, including, without limitation, the execution and delivery.of a consent to petition.. COUNCIL DIRECTION TO STAFF This,item allows the mayor,and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES,TIMES, LOCATIONS, AND.PURPOSES M. CALL TO PUBLIC At this.fime the public has the privilege to-address the council with requests,.communications, comments:or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city managers report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to'any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or t.o adjourn the meeting if anyone be comes.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'ma .be:made b contacting the Human Resources:Office of 480 474-2617:: pY Y 9: . ( ) 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 3 : Printed on 1211412023 CITY OF APACHE:J:UNCTION Ma or.s Script y p Tuesday, December 19, 2023 A. CALL TO.ORDER would like to call this_City of Apache Junction Council Meeting of Decembe 119, 2023, to order and ask everyone:to put their cell phones on silent. B. INVO-CATION AND PLEDGE OF ALLEGIANCE he invocation will be led by &the pledge b ouncilmember C. ROLL CALL Rol D. CONSENT AGENDA As a reminder- All items under the Consent Agenda will be approved with one I motion. If a councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will b .. .... .. .... .. .... oved to New Business. sw 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of December _.. 5; 2023. 3.: Consideration of first amendment to ernplo.yment agree. ment with Mic ae : McVey for Apache Junction Municipal Court Associate Magistrate service. 4.. Approval of procurement of two (2) traffic monitoring trailers and camera modules from Air. Comm-Corporation for an amount not to exceed. $133,525.12. .. 5. Approval of:rejection of:proposals for Superstition Shadows-Aquatic Center Artificial Turf REP Project No. P&R 2023-001 for unresponsiveness. jDo I have a motion on the consent agenda? - wart for the motion and the 2nd ;Roll C E. AWARDS, PRESENTATIONS AND PROCLAMATIONS -:NONE F. REGIONAL INTERGOVERNMENTAL UPDATES 6. Regional Intergovernmental meeting updates fromil C'ouncif. .G.. CITY MANAGER'S REPORT 7: City g Mana er's Report: '; Bryant to report .. 8. tnnouncement of Current Even . �_ _ �. .. AlAI Bravo to report. H. PUB';LI'C HEARINGS 9. resentation, discussion, public hearing and consideration of Ordinance, No., 1538, amending the City Code as it relates to the Parks and Recreation commission position of a secretary].: P. Presentation,: . Call on Liz-Langonbach I B. Any discussion among the council?Icouncil con discuss ... ... ... ... C. As a public hearing, would anyone like to speak on these,items. public can Speak' p - D, I'll close the ub is hearing and ask fora, motion on Ordinance No. 1538. wait for the .otion & the 2"d.irm - (Read by title On Rolf C'aGl. adopt Ord. Wait or the Second motion to adopt Ord. No.1538 Roll'Call 10. ;Presentation, discussion, public hearing and consideration of Ordinance No. 4539, amending the City Code as it relates to the Parks and Recreation 'Department �a _ managing banners,in the city. med'i!ans. P. Presentation Call on Liz-Lan&nbach B. Any discussion among the council?,council can discuss C. As a public hearing, would anyone like to speak on these items? public can spec D. I'II close the public hearing and ask for a motion on Ordinance No. 15'391 wait for the motion & the 2"d (Read by title Only) Roll Call. (Adopt Ord. ) Wait for the Second motion to.adopt Ord. No.1539 Rol CaRol li 1. OLD BUSINESS J. NEW BUSINESS 11. 'Presentation, discussion and consideration of Resolution No. 23-40 related to;.. the First Amendment to the Amended and Restated District Developmen Kgreement for Superstition Vistas Community Facilities. District No. 2. �A. Presentation Call:on;Leslie she will;deferto Zach:sa;kas_ B. Any discussion among,the,council? ,council can discuss. an have a motion on Resolution No. 23-40?l K. .000NCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES; LOCATIONS AND,PURPOSES M. CALLTO PUBLIC: would like to remind everyone thatthe Call to the Public is a courtesy and' no required bylaw. It is a time for the p,ublic to express requests, communications, comments and - Suggestions. Request to speak forms must be completed and handed to the city clerk before . he end of the city mznager's report. ,All issues shall be, presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN, DISCUSSION )n the issues presented, but may respond to criticism and may direct staff to follow,up with the speaker directly and/or place this matter on a future agenda for council discussion. [there is a three-minute Limit for each speaker. ;Does council have any requests of staff to follow N. ADJOURNMENT— I! adjourn th is,meeting. g. u=esda� , Dec beer 19 20r2�em Consent Agenda Items Nos. 1-5 I.move the consent agenda be accepted:and approved as presented. Item No. 9 —'Public Hearing I. move 'that Ordinance No. 1538 be read by title :only and the 'reading :of the entire ordinance be waived.: .. . (Call upon the city clerk to read Ordinance No. 1538 by.title only. (Majority vote required to_ _.. .. read.bytitle only.) . move that Ordinance No. 1538, as read by the city clerk, (BE APPROVED.AND ADOPTED) or (BE DENIED). move:that Ordinance No. 1538, as read by-the:city clerk, be approved and adopted. with the following:amendments: Item No. 10 = Public.Hearing ss I move that_Ordinance No.. 1539 be read by title only and the reading of the entire ordinance be waived. (Call upon,the..city clerk to read Ordinance No.,1.539 by title only. (Majority vote.required to read y title Only.), (:.move that Ordinance No. 1539, as read by the city clerk, (BE APPROVED AND ADOPTED) or (BE DENIED). I move that Ordinance No. 1539, as read by the city clerk, be approved.,and;adopted With the following amendments: tem o. 11. ew usiness I MOVE THAT Resolution No. 23=40 a resolution of the:mayor and city council of the City of Apache Junction; Arizona, approving and authorizing ahe. execution and delivery.of a First Amendment to the- Amended and Restated District Development Agreement, authorizing other.actions in furtherance of this resolution whether heretofore or hereafter taken; including; without;Iimitation, the execution -and delivery.of.a consent.to. petition BE (APPROVED) or (DENIED) After Bryan Seppala from Resolution Copper spoke at our city council meeting on December 5, 2023. It was not an open meeting to where I could step up to the podium to ask questions, so I stepped outside the door to ask Bryan a few questions. *1 guess you could say my first question was about giving money to the city$2,000,000,giving to nonprofits and giving scholarships and does money help smooth over things for them. Answer,yes sometimes. *Who owns Resolution Copper? Answer, Rio Tinto 55%and BHP 45% Rio Tinto is out of London and BHP is out of Australia. One of Rio Tinto shareholders is Chinalco who currently owns 9.3 which is a Chinese state-owned company * I then asked about the depth of the mine and asked if it was at 1.3 miles underground. Answer,yes on the depth and that they will be pumping water out of the shaft. *1 asked about the water at that level which is considered to be water from aquifer. Answer,will be pumped out and treated.They are hoping to send some of the water down to fill the creak at Picket Post. Image to show the difference between our water table where AZ Water gets their water at 1,000 feet. Most wells are at about 300 to 1,000 feet.The aquifer is the deep pockets of water. If most wells at 1,000 feet and someone else is taking the water from the bottom of these pockets' wells would go dry. This image is not the aquifer I am referring to, but an example. •tiw �y�t�'�''�-s u�.m�..`9 _, �.`�.`k`'i .3�¢r'�-.,r..� �,.,.,-... .�a� �♦_ft�.�. ~ sue-,_R�.'r v, The city needs to take a look at who they stand behind and not jump the gun. Money is not everything. This is something that could have a devastating outcome on the environment and the people in the long run. How much water is being pumped out,what is being done with this water and if the water is being cleaned that will be dumped.Are you standing behind Resolution Copper before having all the information is in or does the money do the talking? LOOK BEFORE YOU LEAP APACHE JUNCTION ftt/ f yfY tit ys� � i s r�����;�i��1# { �� 71{y ti"�,e1,43"�➢t�xr Tunw.mk Gw y„ t SUPERSTITION VISTAS CFD NO . 2 PROPOSED DELETION OF AREA FROM DISTRICT BOUNDARIES i=. BACKGROUND • At the time of formation of Superstition Vistas CFD No. 2 (the "District"), Brookfield had not finalized where commercial parcels would be located • Brookfield anticipated requesting a boundary change to remove the commercial parcels after formation of the District, and communicated this to City staff and consultants at the time of formation • Brookfield subsequently identified certain parcels that will be used for commercial, multi-family, or similar uses (approximately 97 acres), and has petitioned, together with all other landowners, to delete this area from the boundaries of the District • Arizona Revised Statutes Sections 48-714 and 48-707F permit an area to be deleted from the boundaries of a community facilities district upon receipt of a petition signed by all landowners within the district IMPACT ON FUTURE HOMEOWNERS • The District has no outstanding debt; the District currently levies a $0.30 property tax per $100 NALPV for District operations • At the time of formation, all of Brookfield's proposed CFD debt issuance and taxable property financial models were completed using only residential absorption • No current residents, and sales have not started ELLIOT AVENUE ELLIM AVENUE t x, .ram K to w f `v '' , 3 } { 1,408 M gg hh�� 1 ACRES WARNER WARN ' jj AVENUE AVENUL w<..., n � � 12 F*Nd may^• •�`'"•• � s� a� '�a �P Y• b� „'h r rlAVENUEPAY AVENUE •�,