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HomeMy WebLinkAbout2021 03.16 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, March 16,2021 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. 21-103 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-104 Consideration of approval of minutes of the regular meeting of March 2, 2021. Sponsors: Jennifer Pena Attachments: Minutes 3. 21-113 Consideration on proposed construction agreement with Lincoln Contractors, Inc. for continuing infrastructure improvements to the Grand View neighborhood in an amount of$147,976.00, allowing for a contingency of 10%for a project amount not to exceed $162,773.00. This work is partially funded by the city's Fiscal Year 2020 Community Development Block Grant Regional Account allocation as requested by city council under Resolution No. 20-08. Sponsors. Raquel Schatz Attachments: Staff Report-Council Memo Construction Agreement-Lincoln Constructors, Inc. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. City of Apache Junction,Arizona Page 1 Printed on 31912021 City Council Meeting Agenda March 16,2021 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 4. 21-105 Announcement of current events 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. 5. 21-106 City Manager's Report. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 6. 21-120 Discussion, presentation and consideration of Resolution No. 20-44 an extinguishment of a Federally Patent Easement(FPE)on 18th Avenue from Wagon Wheel Road to Goldfield Road for the purposes of allowing a pre-existing structure to remain inside the FPE. Sponsors: Raquel Schatz Attachments: Res 20-44 Council Memo 20210316 Res 20-44 Resolution Combined 21-078 Extinguishment 202103016 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 Printed on 31912021 City Council Meeting Agenda March 16,2021 7. 21-116 Presentation, discussion and consideration of Resolution No. 21-07; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-01-Go|dview. Sponsors: Emile Schmid Attachments: Res 21-07 Council Memo 8. 21-/ 1|7 Presentation, discussion and consideration of Resolution No. 21-08; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2O21-02-Coyote Crossing. Sponsors: Emile Schmid Attachments: Res 21-08 Council Memo Co jote Crossinq SLID Petition 0' 21-108 Presentation, discussion and consideration of Resolution No. 21-O9for continuing participation in the Arizona Metropolitan Trust employee benefits program. Sponsors: Liz Riley and Matt Busby Attachments: Resolution 21-09 Transmittal Letter K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 10. Direction to staff regarding details for o council retreat. Smumu,s: Jennifer Pena L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11^ 21-107 The next regularly scheduled Work Session io Monday, April 5thand the next regularly scheduled Council Meeting io Tuesday, April Gth. 2021. Sponsors: Jennifer Pena City vr Apache Junction,Arizona Page Printed oouamox, City Council Meeting Agenda March 16,2021 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 31912021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-103 Sponsor:Jennifer Pena Agenda Date:3/16/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-104 Sponsor:Jennifer Pena Agenda Date:3/16/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of March 2, 2021. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday,March 2,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the city council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Liz Langenbach, Parks& Recreation Director Kelly Martin, Park Ranger Supervisor Raquel Schatz, Public Works Project Engineer Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Evans to accept the consent agenda as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 1-073 Consideration of acceptance of agenda. 2. 21-074 Consideration of approval of minutes of the regular meeting of February 16, City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes March 2,2021 2021. 3. 21-079 Consideration of approval of an Award of Contract to Sunland Asphalt for the reconstruction of Lost Dutchman Boulevard from Tomahawk Road to State Route 88. The work is planned for May/June, 2021 and will be through the 1 Government Procurement Alliance Cooperative Contract No.17-16P-05 in the amount of$347,458.20, plus a 10% contingency for unforeseen change orders in the amount of$34,745.82, for a total project cost not to exceed $382,204.02. As presented and discussed at the June 16, 2020 city council work session for the FY 20/21 CIP&Street Maintenance Plan, the work will result in a new paved surface, which includes street striping and bike lanes for this portion of Lost Dutchman Boulevard. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. 21-046 Presentation of proclamation designating 2021 as "Get Outdoors Arizona". Mayor Wilson proclaimed 2021 as"Get Outdoors Arizona"and presented the proclamation to Parks & Recreation Director Liz Langenbach and Park Ranger Supervisor Kelly Martin. Ms. Langenbach thanked the outdoor recreation groups for all of the activities they offer within the community. Mayor Wilson asked the outdoor recreation groups in attendance to stand and acknowledged them. F. ANNOUNCEMENT OF CURRENT EVENTS 5. 21-075 Announcement of current events from mayor and councilmembers. Councilmember Nesser shared that this weekend is the First Friday event. The Chamber is still offering the Spring Into Savings program. The Chamber is hosting a Women in Business speaker series which starts this Thursday. The March Mixer hosted by the Chamber is March 18th. Councilmember Evans shared that this Saturday is the annual Household Hazardous Waste Event. The Community Development Corporation completed another property clean up this week. Councilmember Biggs shared that he attended an economic development course. The Founder Centennial Committee is meeting this Thursday. March 13th is the Star Family Honor Event. Vice Mayor Rizzi attended a budget session and it was very informative. Mayor Wilson shared that the Lost Dutchman Days Brat Fest is March 20th at VFW Post 7968. The Pinal County Junior Livestock Auction is March 20th as well. G. CITY MANAGER'S REPORT 6. 21-076 City Manager's Report. City Manager Bryant Powell introduced Brian O'Neill, executive director of the Phoenix-Mesa City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes March 2,2021 Gateway Airport. 7. 21-085 Presentation and discussion with the Executive Director of Phoenix-Mesa Gateway Airport, Brian O'Neill, regarding current events and new developments at the airport. Executive Director of Phoenix-Mesa Gateway Airport Brian O'Neill shared that the City of Apache Junction has become one of the most involved owners of the airport over the last few years and he looks forward to continuing the strong relationship with the city. Mr. O'Neill presented the growing nonstop route map and he believes that Gateway Airport will be one of the first airports to recover from the pandemic. Mr. O'Neill shared a photo that promotes Apache Junction that is now hanging at the airport. The airport has 3,000 acres of developable land and he shared projects that are coming to the airport and played a video about Gateway East Development. Mr. O'Neill provided an update on the Air Traffic Control Tower and the 2020 Airport Master Plan Update. Councilmember Schroeder stated that the council is very proud to be apart of the airport. Vice Mayor Rizzi commented that the airport is growing quickly. 8. 21-086 Discussion and update on membership renewal for participation in the Arizona Metropolitan Trust Program (employee insurance). Mr. Powell shared that the city is a part of Arizona Metropolitan Trust Program (AzMT)which offers health benefits to city staff and he wanted to give council a heads up that to be apart of this trust council must approve it every three years and that will be coming to council soon. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 9. 21-078 Presentation and discussion for an extinguishment request submitted by Gail Torchio and Rich Winters, of a Federal Patent Easement("FPE"), located at 1762 North Goldfield. Public Works Project Engineer Raquel Schatz presented that the applicants requested this extinguishment in order to keep a shaded structure in place that has been on the property prior to their purchase. Vice Mayor Rizzi asked what the$350 non refundable fee is for. Ms. Schatz replied that it covers staff time and Pinal County recording fees. City Attorney Joel Stern asked for clarification on the steps included in extinguishments and Ms. Schatz explained specific steps. This item will be back on the next agenda for consideration. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes March 2,2021 10. 21-077 The next regularly scheduled Work Session is Monday, March 15th and the next regularly scheduled Council Meeting is Tuesday, March 16th, 2021. M. CALL TO PUBLIC Rich Winters, of Apache Junction, shared that his property was just discussed in regards to the extinguishment request and that the shade structure can be torn down if and when needed in the future. He finds it strange that this structure has been there for 30 years and it is just now a problem. He hopes that the council will consider it. George Schroeder, 2444 W. Virginia Street in Apache Junction, hopes that he doesn't get more air traffic over his house. He is concerned that he calls the police and they do not care what he says. His rights as a homeowner are being taken away. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF 12021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2021. 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 , 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-118 Sponsor: Raquel Schatz Agenda Date:3/16/2021 Index: In Control: City Council Meeting Consideration on proposed construction agreement with Lincoln Contractors, Inc.for continuing infrastructure improvements to the Grand View neighborhood in an amount of $147,976.00, allowing for a contingency of 10%for a project amount not to exceed $162,773.00. This work is partially funded by the city's Fiscal Year 2020 Community Development Block Grant Regional Account allocation as requested by city council under Resolution No. 20-08. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-118 Sponsor: Raquel Schatz Agenda Date:3/16/2021 Index: In Control: City Council Meeting Consideration on proposed construction agreement with Lincoln Contractors, Inc.for continuing infrastructure improvements to the Grand View neighborhood in an amount of $147,976.00, allowing for a contingency of 10%for a project amount not to exceed $162,773.00. This work is partially funded by the city's Fiscal Year 2020 Community Development Block Grant Regional Account allocation as requested by city council under Resolution No. 20-08. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 �.. City ofApache Junction t Development Services Department ATE: March 16, 2021 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Mike Wever, Public Works Director Larry Kirch, Development Services Director FROM: Raquel Schatz,Project Engineer SUBJECT: Construction agreement for project PWC2020-08 Saguaro Drive Sidewalk Improvements, CDBG RA project 130-21 REQUEST Staff respectfully requests the mayor and city council consider a proposed construction agreement with Lincoln Constructors, Inc. for infrastructure improvements to the Grand View neighborhood in an amount not to exceed$162,773.60. This work is partially funded by the city's Fiscal Year 2020 ("FY20") Community Development Block Grant ("CDBG") Regional Account("RA funds") allocation as requested by city council under Resolution No. 20-08. This is a continuation of improvements completed within this neighborhood since 2015. BACKGROUND The city conducted the required public participation process to select a project to be submitted under the city's FY20 CDBG grant application. The city council chose improvements to the Grand View neighborhood and applications were submitted. A contract was signed and executed with the Arizona Department of Housing. Engineering was completed prior to application submittal and the city began the procurement process for construction services in January 2021. The project includes Saguaro Drive sidewalk, curb & gutter along the west and east sides of the roadway from Broadway Avenue to Apache Trail. DISCUSSION Sealed bids were due to the city clerk's office on.February 10, 2021. There were five bids received. Planning&Zoning—Building chi Safely—Revenue Development 300 E. Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)474-5083 * Fax(480)982-7010 Firm. Bid amount Doege Development, LLC $398,587.00 DBA Construction, Inc. $220,123.00 Pima Paving, Inc. $198,936.08 AJP Electric, Inc. $164,836.50 Lincoln Constructors, Inc. $147,976.00 Staff reviewed the submittals and found the lowest most responsive bidder was Lincoln Constructors, Inc. Lincoln Constructors submitted all of the required documentation as well as met all city and CDBG requirements. Although the contract will be executed for$1.47,976.00, an additional amount will be set aside as a 10% contingency for unforeseen circumstances during construction for a total contract amount not to exceed$162,773.60. It is anticipated, if a contract is approved, construction will begin at the end of March and will be completed before the end of June. City funding was committed by Resolution No. 20-28 in the amount of$62,181.00 for the FY20 CDBG RA grant application. Additional funding needed for the project will come from state highway user revenue funds ("HURF"), allocated to the city by the Arizona Department of Transportation("ADOT"). The following is the breakdown of the bid award: RA Match committed Project Bid amount funds via Resolution Saguaro Drive FY20 CDBG RA $147,976.00 $74,542.00 $62,181.00 Contingency $ 14,797.60 Total $162,773.60 This item will be placed on the March 16, 2021 agenda under consent. RECOMMENDATION Staff respectfully recommends the mayor and city council to approve the proposed construction agreement with Lincoln Constructors, Inc. ACTION REQUIRED Review, discussion and consideration of the proposed contract. Attachment 1: Construction Agreement Planning&Zoning—Building&,Sq/ety—revenue Development 300 E. Superstition Boulevard -Apache Junction,AZ 85119 * Ph: (480)474-5083 - Fax(480)982-7010 CONSTRUCTION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND LINCOLN CONSTRUCTORS, INC. FOR PROJECT PWC2020-08 SAGUARO DRIVE SIDEWALK IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and LINCOLN CONSTRUCTORS, INC., an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in PWC2020-08 Saguaro Drive Sidewalk Improvements and Contractor's estimate dated February 8, 2021 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform, or cause to be done and performed, in a good workmanlike manner the Work in accordance with and as more fully described in PWC2020-08 Saguaro Drive Sidewalk Improvements and Contractor's estimate dated February 8, 2021 including, but not limited to: A. This federally funded Community Development Block Grant project, known as the Saguaro Drive Sidewalk Improvements project, will include the following"Work": curb, gutter, sidewalk, drainage, and other street related improvements. B. All Work shall be completed in accordance with the following: 1) the construction plans entitled"City of Apache Junction Public Works Department, Saguaro Drive Roadway Improvements—East Side, Broadway Avenue to Apache Trail, Project Number PWC 2018-02'; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments; and 3) Engineering Standards and Details of the City of Apache Junction. C. Provide traffic control as appropriate, including the use of only Apache Junction Police Department uniformed police officers. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed $147,976.00 plus a 10% contingency of$14,797.60, with a grand total of $162,773.60 (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases, and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is March 24, 2021 to June 30, 2021. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 2 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use, and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses, and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products, and services provided under this Agreement. 3 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. 4 Contractor shall make no substitutions for any subcontractor, person, or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self- insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials, and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work, or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be 5 obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials, and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). 6 Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions, and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement, authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager's decision shall be final and binding. 17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns, and legal representatives to the other Party hereto and to the partners, successors, assigns, and legal representatives of such other Party in respect to all covenants, agreements, and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or, if delivered at or sent registered or certified mail,return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 8 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety(90) calendar days. 9 24. TERMINATION: A. Termination by City: City shall be permitted to terminate this Agreement if it is believed, in the discretion of the city manager or his or her designee, Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. Termination by Contractor: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least five (5) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee and the City Manager or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable 10 laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986, and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 11 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of March, 2021. CONTRACTOR: LINCOLN CONSTRUCTORS, INC., an Arizona corporation By: Robert K. Sanders Its: CEO CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip " Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 12 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021 by Robert K. Sanders, CEO of Lincoln Constructors, Inc., who acknowledged he signed the foregoing instrument. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2021 by Walter "Chip" Wilson, Mayor of the City of Apache Junction, who acknowledged he signed the foregoing instrument. Notary Public My Commission Expires: 13 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-105 Sponsor: Chip Wilson Agenda Date:3/16/2021 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-106 Sponsor: Bryant Powell Agenda Date:3/16/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-120 Sponsor: Raquel Schatz Agenda Date:3/16/2021 Index: In Control: City Council Meeting Discussion, presentation and consideration of Resolution No. 20-44 an extinguishment of a Federally Patent Easement(FPE)on 18th Avenue from Wagon Wheel Road to Goldfield Road for the purposes of allowing a pre-existing structure to remain inside the FPE. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 Public Works Department H Home of the Superstition Mountains Date: March 16t", 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell,Assistant City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 20-44 18t"Avenue from Wagon Wheel Road to Goldfield Road BACKGROUND Federal Patented Easements "FPEs" are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of local government to acquire right-of-way for access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. EXISTING CONDITIONS 18th Avenue from Wagon Wheel Road to Goldfield Road has never been maintained by the city. The roadway alignment is not classified as a local roadway. In addition,the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of the roadway easement. PURPOSE Gail Torchio, property owner, and Rich Winters filed an application for a roadway easement extinguishment. The property owner desires the use of the south 33 feet of their property, along 18t"Avenue, to keep a shaded structure in place that has been on the property prior to their purchase. Owner is requesting the extinguishment to allow them to keep the shaded structure in the existing location until the road is "actually" constructed. City Code Compliance and Planning staff have been to this property several times to explain alternatives for relocating the unpermitted cargo container along Wagon Wheel Road and the unpermitted storage building along 18th Avenue out of the existing FPEs. The first encounter was on November 14, 2019 and the property owner was given 8 months to develop a 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department �t �r ,r Home of the Superstition Mountains solution. A notice of violation was issued on August 27, 2020. Several extensions were granted and the matter was sent to the city Attorney on October 8, 2020. PROCESS December 2, 2021 the applicant submitted all required signed and notarized documents and paid the required non-refundable application and filing fee for the extinguishment. January 11, 2021, the city sent a request to all public utility providers as well as Apache Junction Police Department and Superstition Fire & Medical District, in which all but one utility provider had responded to the city with no objections for the extinguishment of the roadway easement only. All underlying utility easements will remain in place until the property owner requests that they be extinguished individually via separate process. Property owner is simultaneously applying for utility easement extinguishments. Once the easement has been extinguished then the property owner can apply for a residential permit. ACTION REQUIRED This item will be for discussion and consideration. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 20-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT 18TH AVENUE FROM WAGON WHEEL TO GOLDFIELD ROADS, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat . 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the applicant was instructed to apply for a residential permit for an unpermitted shaded RV structure that has been on the property for over twenty years . Applicant has requested an extinguishment of 18th Avenue; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, under A.R. S . § 9-500 . 24 the city has notified and obtained consent of utility providers; and WHEREAS, on December 2, 2020 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the director of public works on January 11, 2021, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and RESOLUTION NO. 20-44 PAGE 1 OF 4 WHEREAS, the city engineer has determined that the easement (s) in question, because of their location, topography, and encroachments therein, have no or de rninirnis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council of the City of Apache Junction find that the public roadway easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minirnis public value, and are hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20—. SIGNED AND ATTESTED TO THIS DAY OF 20 CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-44 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-21-034A) The South thirty-three feet (33' ) of the East half of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-21-034B) The North thirty-three feet (33' ) of the East half of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; RESOLUTION NO. 20-44 PAGE 3 OF 4 EXHIBIT "B" 16TH _ AVENUE I IQ I QI I I 0I I Q ID 0 I I I J w 021 A o � I ICI � wi zi I iz I 002D 002E 0 > IM I I I 034A I I 157-257 50'—" 1 TH AVENUE _ - USA 191-597 034B I I In IQ 013E 0 013D - - - - 150-367 , E19TH _ AVENUE _ 029D i� 0 J O , I I I I , LEGEND - - 66' - 3' PROPOSED EXTINGUISHMENT - r PREVIOUSLY EXTINGUISHED 33' I DEDICATED RIGHT-OF-WAY TO REMAIN --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) U) RESOLUTION NO. 20-44 z Direction to Staff: 21-XXX N"", Roadway Easement Extinguishment : - 18th Avenue from Wagon Wheel Rd to Goldfield Rd Department of Public Works March 16, 2021 By: Raquel Schatz Process • Pre-Application • Internal Meeting with either City Engineer or Public Works Director • Right-of-Way Research • Verify that no parcel will be land locked • Verify all Federal Patent Easements & Dedicated Rights-of-Way • Application Submittal • Completed Application Form (Notarized) • Support Petition from all abutting property owners • Proof of Property Ownership (deed, assessor records, etc) • Limited Realty Guarantee • Written Statement for Extinguishment/Vacation • Proposition 207 Forms (Notarized) • Drawing/Map/Sketch • Non-refundable Application Fee ($350) • Verify all existing Federal Patent Easements and Dedicated Right-of-Way Resolution 20-44: Extinguishment (18th Avenue) Process (cont'd ) • Utility and Emergency Responder Notification • Send an exhibit requesting response for roadway easement extinguishment only. If no response then send second request with 2 err' week turn around. Request Sent 01/11/21 01/26/21 AJ Development Srvc department 01/26/21 AJ Police Department 01/26/21 AJ Water District - - Arizona Water Company01/21/21 Centu ryLi n k 01/27/21 SMCFD 1 Southwest Gas 01/26/21 Superstition Fire & Medical 02/02/21 SRP 11/20/20 • Utility Easements remain in place unless they are extinguished through each utility provider. Resolution 20-44: Extinguishment (18th Avenue) Process (cont'd ) • Council Documents • If Extinguishment, documents prepared by Staff • Exhibit A: Description • Exhibit B: Sketch • If Vacation, documents prepared by Registered Surveyor Resolution 20-44: Extinguishment (18th Avenue) NMI fsf } 4 q r S Y( �f U' +b s a t t{#4 Y s't}i• rs � t A5 r t t t AV �w k 4 r St t s r� tY kkQ r EXTINGUISHED ROADWAY DEDICATED RIGHT-OF-WAY 204-555 FEDERAL PATENT EASEMENT DOCUMENT NUMBER r k k 4 } r ;i r gi 4r{ u v f, - yw " �ar(sfiif# sltri sSS =5 s{ �§ '. �J RIGHT—OF—WAY D{ IIvINT NUMBER .ut rn77rr' s • J Y t# s t t rt t �t�£��t�rt, �t� e; ,rspttt� tS�f fi�Xtttr�� a ;. �{; 4ltgt t�'� ��� £ t�t � f t � b ��� s���;�,U�4}�� t t�tt tit ,° ,l � • � � • �.t t s ry3 ts: t}tif� 't g' s £ � � t t �, ? � ��ut}'t` • • • � • �« tt �� � { "v£tt t�'{�c#� t 4t{' r t£tea. � � • .r a t a �t *it t'i } ., ;tti a 4 t ,. i,� ✓ £ �' . � i t { t 4.a,t £t tSid tt; S�{e,t i t�t 4: iS✓ � � ,=„ � f ,y tt t� St £tilt tt t tt� xt"� ssty � £4 � Yt r 4 t�tt) to s,�t£ ��•,{' ,,. ��� -: xt"'t ,� 4 t{F{�it�, t 4 t�tti �"j,4� .....�....� EXTINGUISHED ROADWAY DEDICATED RIGHT—OF—WAY FEDERAL PATENT EASEMENT t ttY$ 2£1F t �� t111t 1 3yF DOCUM NT NUMB R Arydg4�..d� Eep� RIGHT—OF—WAY } ^p (,�{�y�}�'�.} B:UM" J RI GH —OF— Yl'Y T DOCUMENT NUMBER • < �a �© <. a ; Staff Recommendation CONSIDERATION y; 3 � » . � .. . �� Thank You Resolution 20-44: Extinguishment (18thAvenue) City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-116 Sponsor: Emile Schmid Agenda Date:3/16/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution No. 21-07; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-01-Goldview. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 Public Works Department p Home of the Superstition Mountains H n, Date: March 2nd, 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Emile Schmid P.E., City Engineer Subject: Proposed Resolution No. 21-07 Intent to Form Streetlight Improvement District (SLID) No. 2021-01-Goldview The creation of Streetlight Improvement Disctricts "SLIDs" is a means whereby the expenses of the SLID are paid by the levy and collection of taxes based on the number of properties within the SLID. The Goldview subdivision was recently approved by the city, and construction is currently underway. All lots and tracts within the subdivision are currently under one single ownership, with Lennar Arizona, Inc. listed as the single owner. Lennar Arizona, Inc. submitted a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The boundary of the SLID is the perimeter boundary of the Goldview Subdivision according to the Plat of Record in the Office of the Pinal County Recorder in Fee No. 2020-028463. Resolution 21-07 is is a resolution for the intent to form a streetlight district. Subsequent resolutions will be presented to council for the SLID installation and budget. RECOMMENDATION Staff recommends approval of Resolution 21-07. ACTION REQUIRED This item will be for presentation, discussion and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 983-5752 Public Works Department p Home of the Superstition Mountains H n, Date: March 2nd, 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Emile Schmid P.E., City Engineer Subject: Proposed Resolution No. 21-07 Intent to Form Streetlight Improvement District (SLID) No. 2021-01-Goldview The creation of Streetlight Improvement Disctricts "SLIDs" is a means whereby the expenses of the SLID are paid by the levy and collection of taxes based on the number of properties within the SLID. The Goldview subdivision was recently approved by the city, and construction is currently underway. All lots and tracts within the subdivision are currently under one single ownership, with Lennar Arizona, Inc. listed as the single owner. Lennar Arizona, Inc. submitted a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The boundary of the SLID is the perimeter boundary of the Goldview Subdivision according to the Plat of Record in the Office of the Pinal County Recorder in Fee No. 2020-028463. Resolution 21-07 is is a resolution for the intent to form a streetlight district. Subsequent resolutions will be presented to council for the SLID installation and budget. RECOMMENDATION Staff recommends approval of Resolution 21-07. ACTION REQUIRED This item will be for presentation, discussion and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 983-5752 RESOLUTION NO. 21-07 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT, AND THE INTENTION TO FORM A MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT IN THE CITY OF APACHE JUNCTION TO BE DESIGNATED AS "CITY OF APACHE JUNCTION STREET LIGHTING IMPROVEMENT DISTRICT NO. 2021-01- GOLDVIEW"; DECLARING FUNDING TO CONTRACT FOR THE PURCHASE OF ENERGY FOR THE STREET LIGHTS BE BY ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE PROPERTY OWNERS OF THE DISTRICT; AND PROVIDING THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO STREETS IN THE PROPOSED DISTRICT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Acceptance and Findings . A petition (the "Petition") for the formation of the City of Apache Junction Street Lighting Improvement District ("SLID") No. 2021-01-Goldview (the "District") (see Map of District Boundaries, respectively Exhibit A) to purchase, and not generate, energy for street or public park lighting within the District and adjacent streets, has been filed with the city clerk and presented to the mayor and city council at the meeting at which this resolution was adopted. The Petition purports to be signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . After verification of such ownership, the mayor and city council find pursuant to A.R. S . § 48-615 (A) that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . 2 . Declaration of Intention to Order Formation of the District. The public interest and convenience require and it is the intention of the mayor and city council to order the work through formation of the District pursuant to A.R. S . Title 48, Chapter 4, Article 2 . The District' s sole purpose shall be the purchase, not generation, of energy to operate the street lighting system as it now exists or is hereafter enlarged. The phrase "street lighting system" shall mean all publicly owned street and traffic lights and all wire, apparatus and other facilities now in place or hereafter constructed or acquired for the lighting of public streets and parks within the District and on adjacent streets . For purposes of this resolution and of all resolutions, ordinances and notices pertaining hereto, the SLID shall be known as and is hereby designated "City of Apache Junction Street Lighting Improvement District No. 2021-01-Goldview" . 3 . Statutory Authority; Payment of Incidental Expenses . All proceedings pertaining to the District is authorized by Arizona Revised Statutes Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, §§ 48-616 and 48-617 . All incidental expenses shall become the obligation of the District, unless paid for by the signers of the Petition. The phrase "incidental expenses" shall mean the costs of posting, publication, recording and legal fees associated with the formation of the District and the annual levy of taxes . 4 . Protests, Objections, Waiver. In the Petition, the signers have made written consents and waivers pertaining to the ordering of the work and to the formation of the District and have specifically waived all protests and objections against formation of the District . City staff has verified such ownership and the mayor and city council find as a fact that all property owners within the District signed such Petition. Therefore, pursuant to A.R. S . § 48-617 (A) , no publication or posting of any notice pertaining to formation of the District will be made which is normally required under A.R. S . §§ 48-575 (C) and 48-578 . 5 . Engineer' s Estimate . As financing for the acquisition and construction of the initial street lighting system has been provided, the District' s sole purpose will be to purchase, and not generate, energy to operate the street lighting system. All owners of land within the District who signed the Petition waived the filing of an engineer' s estimate and no engineer' s estimate has been filed with the city clerk. 6 . Determination of Type of Lighting and Consideration of the Rate to be Paid. The type of lighting shall be the type now in place within the District which now comprises the street lighting system or such lighting facilities as may be required in the future by city engineering staff or some other entity for use within the District. The mayor and city council agree that the current rate to be paid for purchasing energy for the proposed district per street light per month and per kilowatt hour is set by the public service entity which provides the energy to light the streets (currently Salt River Project) and may be increased as they or their successors so determine in the future . The estimate of the District' s costs and expenses of purchasing energy for the operation of the street lighting system is subject to change or RESOLUTION NO. 21-07 PAGE 2 OF 3 correction when the actual costs of operation are known and is subject to change due to inflation, new construction or acquisition of additional portions of the street lighting system. 7 . Compliance with City Outdoor Lighting Code . The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF f 20. SIGNED AND ATTESTED TO THIS DAY OF f 20 CHIP WILSON Mayor ATTEST: JENNIFER PEIRA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-07 PAGE 3 OF 3 EXHIBIT A [Map of District Boundaries] GOLDVIEW STREET LIGHT IMPROVEMENT DISTRICT GOL VIE SOUTHERNAV NE CORNER, SEC. 34, T1 E 60 -- SOUTHERN AVE 4 5 6 7 8 9 10 1112 13 14 15 'Z( 3 YUMA AVE `✓ C� 2 }. e ®i 1 28 27 26 25 24 23 22 21 20 19 18 97 16 042 00 25TH AVE Y 43 179 29 30 39 32 33 34 35 36 37 38 39 40 41 44 88 BASELINE 17 A ELp C AVENUE 4E z 45 TMOHAVEIN 9 46 86 VICINITY AP O 176 63 62 61 60 59 58 57 56 55 54 53 52 51 41 85 175" 48 84 89 N.T.S. N 174 64 65 66 67 68 69 11111 70 71 72 73 74 7 76 4 8so 3 yy P 91 O 172 PIMA AVE 1! O 92 Li T 171 162 141 140 923 � 922 77 78 79 80$9 170 169 142 139 924 t, 929 rn 169 160 143 z 138 125 a 120 95 488 159 144 Ow 137 126 p ii9 96 167 156 145 t- 938 127 cJ 9 88 166 ', w YAVAPAILN 157 146 w 135 128 117 165 156 947 934 129 916 97 164 955 146 133 130 115 1 i 1 999 1 98 163 932 131 99 27TH AVE 27TH AVE 5d 5 5 15115 4 9 0 1 0 101 Od 28TH AVENUE 13M.OZ E 1 , SEC..34, T1 N, RBE SCALE: 1" = 40 ' Sstt3uAt LEGEND 14 J(vICA7" `4, �w �� 0 4583 10 RP ARCHITECTURAL �c � THE LIGHT PARK 09/24/20 APPROVAL n e d...... TO ENGINEER ATE �` NA LI.S ASSESSMENT DIAGRAM OF GOLDVIEW STREET LIGHT IMPROVEMENT DISTRICT; No. -� JOB# 1800113 09-24-2020 " ATWELL GOLDIVIEW APHE JUNCTION, ARIZON 47 E SOUTHEN AVMUE MESk wz MW NOTE: SEE FINAL PLAT RECORDED MMW31 FEE NUMBER:2020-028463 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-117 Sponsor: Emile Schmid Agenda Date:3/16/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution No. 21-08; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-02-Coyote Crossing. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 Public Works Department p Home of the Superstition Mountains H n, Date: March 2nd, 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Emile Schmid P.E., City Engineer Subject: Proposed Resolution No. 21-08 Intent to Form Streetlight Improvement District (SLID) No. 2021-02-Coyote Crossing The creation of Streetlight Improvement Disctricts "SLIDs" is a means whereby the expenses of the SLID are paid by the levy and collection of taxes based on the number of properties within the SLID. The Coyote Crossing subdivision is currently under design review with the city. The final plat has not been approved yet, so the parent parcel for the Coyote Crossing subdivision is currently owned by SIG-AZ LLC. SIG-AZ LLC submitted a Unanimous Petition for the SLID along with an exhibit showing the boundary of the SLID. The boundary of the SLID is the perimeter boundary of the proposed Coyote Crossing Subdivision. Resolution 21-08 is is a resolution for the intent to form a streetlight district. Subsequent resolutions will be presented to council for the SLID installation and budget. RECOMMENDATION Staff recommends approval of Resolution 21-08. ACTION REQUIRED This item will be for presentation, discussion and approval. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 983-5752 RESOLUTION NO. 21-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING A PETITION, WAIVER AND CONSENT, AND THE INTENTION TO FORM A MUNICIPAL STREET LIGHTING IMPROVEMENT DISTRICT IN THE CITY OF APACHE JUNCTION TO BE DESIGNATED AS "CITY OF APACHE JUNCTION STREET LIGHTING IMPROVEMENT DISTRICT NO. 2021-02-COYOTE CROSSING"; DECLARING FUNDING TO CONTRACT FOR THE PURCHASE OF ENERGY FOR THE STREET LIGHTS BE BY ANNUAL LEVY OF TAXES OR ASSESSMENTS EQUALLY APPORTIONED UPON ALL OF THE PROPERTY OWNERS OF THE DISTRICT; AND PROVIDING THE LIGHTING OF PUBLIC STREETS AND PARKS WITHIN AND ADJACENT TO STREETS IN THE PROPOSED DISTRICT. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Acceptance and Findings . A petition (the "Petition") for the formation of the City of Apache Junction Street Lighting Improvement District ("SLID") No. 2021-02-Coyote Crossing (the "District") (see Map of District Boundaries, respectively Exhibit A) to purchase, and not generate, energy for street or public park lighting within the District and adjacent streets, has been filed with the city clerk and presented to the mayor and city council at the meeting at which this resolution was adopted. The Petition purports to be signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . After verification of such ownership, the mayor and city council find pursuant to A.R. S . § 48-615 (A) that the Petition was signed by all of the real property owners in the proposed District, exclusive of mortgagees and other lienholders . 2 . Declaration of Intention to Order Formation of the District. The public interest and convenience require and it is the intention of the mayor and city council to order the work through formation of the District pursuant to A.R. S . Title 48, Chapter 4, Article 2 . The District' s sole purpose shall be the purchase, not generation, of energy to operate the street lighting system as it now exists or is hereafter enlarged. The phrase "street lighting system" shall mean all publicly owned street and traffic lights and all wire, apparatus and other facilities now in place or hereafter constructed or acquired for the lighting of public streets and parks within the District and on adjacent streets . For purposes of this resolution and of all resolutions, ordinances and notices pertaining hereto, the SLID shall be known as and is hereby designated "City of Apache Junction Street Lighting Improvement District No. 2021-02-Coyote Crossing" . 3 . Statutory Authority; Payment of Incidental Expenses . All proceedings pertaining to the District is authorized by Arizona Revised Statutes Title 48, Chapter 4, Article 2, and all amendments thereto including, without limitation, §§ 48-616 and 48-617 . All incidental expenses shall become the obligation of the District, unless paid for by the signers of the Petition. The phrase "incidental expenses" shall mean the costs of posting, publication, recording and legal fees associated with the formation of the District and the annual levy of taxes . 4 . Protests, Objections, Waiver. In the Petition, the signers have made written consents and waivers pertaining to the ordering of the work and to the formation of the District and have specifically waived all protests and objections against formation of the District . City staff has verified such ownership and the mayor and city council find as a fact that all property owners within the District signed such Petition. Therefore, pursuant to A.R. S . § 48-617 (A) , no publication or posting of any notice pertaining to formation of the District will be made which is normally required under A.R. S . §§ 48-575 (C) and 48-578 . 5 . Engineer' s Estimate . As financing for the acquisition and construction of the initial street lighting system has been provided, the District' s sole purpose will be to purchase, and not generate, energy to operate the street lighting system. All owners of land within the District who signed the Petition waived the filing of an engineer' s estimate and no engineer' s estimate has been filed with the city clerk. 6 . Determination of Type of Lighting and Consideration of the Rate to be Paid. The type of lighting shall be the type now in place within the District which now comprises the street lighting system or such lighting facilities as may be required in the future by city engineering staff or some other entity for use within the District. The mayor and city council agree that the current rate to be paid for purchasing energy for the proposed district per street light per month and per kilowatt hour is set by the public service entity which provides the energy to light the streets (currently Salt River Project) and may be increased as they or their successors so determine in the future . The estimate of the District' s costs and expenses of purchasing energy for the operation of the street lighting system is subject to change or RESOLUTION NO. 21-08 PAGE 2 OF 3 correction when the actual costs of operation are known and is subject to change due to inflation, new construction or acquisition of additional portions of the street lighting system. 7 . Compliance with City Outdoor Lighting Code . The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF f 20. SIGNED AND ATTESTED TO THIS DAY OF f 20 CHIP WILSON Mayor ATTEST: JENNIFER PEIRA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-08 PAGE 3 OF 3 EXHIBIT A [Map of District Boundaries] i CENTER OF SECTION 17, TAN., R.8E. EAST QUARTER COR FOUND 3/4" REI AR NO CAP SECTION 17, TAN., R.8E. FOUND G.L.O. MONUMENT IN HANDHOLE NORTHWEST PARCEL CORNER PK 1 /BASHER 21773 BASIS OF BEARING TEPEE STREET S89'53'44"E 641.50' � 3131.30' ='F30.20' SLID BOUNDARY--AREA 108,952 SQUARE FEET±` ,501 ACRE N 9*53'4 "W 330.18' SOUTHWEST PARCEL C3NER SOUTHEAST PARCEL CORNER FOUND 1/ " REBAR NO CAP FOUND BRASS CAP FLUSH L LA 22282 JAMES G. RI Scale: 1„ 1 OIL' ' ned' JOB 18003435—SHEET 2 O2 2-7-2020 ATWELL EXHIBIT A 420 r STREET LIGHT IMPROVEMENT DISTRICT 4700 E.S AVENUE �,ESA.AZ gi5nCOYOTE GROSSING .218. 1 )<:\18003435,01\DM\S(JRWY\SIJD\18W3435 COYOTE CROSSING 51JD.DVs SAVE DATE; 2j6j2020 1.40 PM PLOT OATEr2f7f2020 7:51 AM Public Works Department 575 E. Baseline Ave.,Apache Junction;AZ 85119 (480) 982-1055 PETITION FOR STREET LIGHTING IMPROVEMENT DISTRICT TO THE MAYOR AND COUNCIL OF THE CITY OF APACHE JUNCTION: We, the undersigned,being all or a majority of the real property owners within the limits of the area and district hereinafter described,do hereby petition the council of the City of Apache Junction,Pinal and Maricopa Counties,State ofArizona,to establish a street lighting improvement district pursuant to the provisions of Arizona Revised Statutes ("A.R.S.") §§ 48-615,48-616,48- 6 7 and 48-572, for the purpose of purchasing electricity for the lighting of public streets or parks within the described and depicted district or area set forth in Exhibits A and B respectively,which includes a charge for energy and maintenance. It is hereby requested that upon the filing of this petition,if signed by all of the real property owners within the described district or area,exclusive of mortgages and other lienholders,that the council of the City of Apache Junction, after verifying such ownership and making,a finding of such fact, adopt a resolution of intention to order creation of the district and order the proposed improvements pursuant to the provisions of A.R.S. §§ 48-576 and 48-581 without the necessity of publication and posting of the resolution of intention provided for in A.R.S. § 48-578, and that unless any protests are received sufficient to bar further proceedings under A.R.S. § 48-579, that the council proceed with the improvement petition. Expenses of the district(CHECK©NE). 0 Shall be paid by the levy and collection of ad valorem taxes upon assessed value of all property in the district. Shall be paid by the levy and collection of equal apportionment of taxes based can the number and classification of properties within the district. The name of the proposed street lighting improvement district shall be STREET LIGHTING IMPROVMENT DISTRICT(`°SLID")# located in the city as follows: Name of Subdivisions,and Lots I (area of limits) Chop-WOL <yr S " OWNERS OF RECORD ` DAME(printed) SIGNATURE ADDRESS DATE Home of the Superstition Mountains www.ajcity.net City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-108 Sponsor: Liz Riley and Matt Busby Agenda Date:3/16/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution No. 21-09 for continuing participation in the Arizona Metropolitan Trust employee benefits program. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 RESOLUTION TRIO. 21-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY'S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST. WHEREAS, the City of Apache Junction ("City") is currently a participating entity in the Arizona Metropolitan Trust ("AzMT") , which is the health insurance provider the City and other public entities have collectively chosen in 2012 pursuant to A.R.S. § 11-952.01 for health insurance need; and WHEREAS, the City' s current term of membership as a participating entity shall expire on June 30, 2021; and WHEREAS, AzMT- s Board of Trustees has offered a renewal membership period commencing July 1, 2021 and terminating June 30, 2024; and WHEREAS, the City wishes to renew its participation in AzMT for the three (3) years noted above; and WHEREAS, renewal of the City's membership in AzMT will serve the interest of the City and its employees. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION 1: The Apache Junction City Council hereby authorized the renewal of the City' s membership in AzMT for the period commencing July 1, 2021 and terminating June 30, 2024 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021. SIGNED AND ATTESTED TO THIS DAY OF 2021. RESOLUTION NO. 21-09 PAGE 1 OF 2 Walter "Chip"' Wilson Mayor, ATT E S T Jennifer Pena City Clerk APPROVED AS TO FORM: 2 RI CHARD J. STERN City Attorney RESOLUTION NO. 21-09 PAGE 2 OF 2 y TO: Mayor and City Council Through: Bryant Powell, City Manager From: Elizabeth H. Riley, Human Resources Director Date: March, 8, 2021 Subject: Arizona Metropolitan Trust mmnbership renewal The City of Apache Junction is requesting your approval of Resolution No. 21-10, which extends its membership in the Arizona Metropolitan Trust(AzMT) for employee benefits. The city is a founding member of AzMT, along with Avondale, El Mirage, and Youngtown all of whom created the Trust beginning with plan year 2012/2013. AzMT has grown since it was founded, and currently has nine(9)members and several other entities in the application stage and being vetted by the Trust's auditor and legal staff. Prior to joining the Trust,the city was fully insured for both medical and dental and anticipating double digit premium increases. By joining the Trust, the city has benefited from greater numbers when it comes to managing premium cost while at the same time keeping benefits competitive. Currently the Trust, through its plan administrator, offers medical, dental, vision, Life insurance, an Employee Assistance Program, a robust wellness program supplemented by each entity's own wellness committee, case management and a variety of other services. The trust does not bundle services which makes it easier to review providers and seek the most beneficial to the employees and also manage costs for those services. Benefits of AzMT membership include: Enhanced financial security resulting from improved spread of risk over the larger group Enhanced bargaining power when purchasing benefits-related products and services Lower overhead for plan operations and The ability to customize program offerings to meet specific needs and desires among the members Elizabeth H.Riley Director of Human Resources City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Office Hours:M-Th 7:00 AM—6:00 PM Service Over and above the Rest City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-124 Sponsor:Jennifer Pena Agenda Date:3/16/2021 Index: In Control: City Council Meeting Direction to staff regarding details for a council retreat. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-107 Sponsor:Jennifer Pena Agenda Date:3/16/2021 Index: In Control: City Council Meeting The next regularly scheduled Work Session is Monday,April 5th and the next regularly scheduled Council Meeting is Tuesday, April 6th, 2021. City of Apache Junction,Arizona Page 1 Printed on 3/9/2021