Loading...
HomeMy WebLinkAbout2021 11.02 City Council Regular AgendaCity Council Meeting City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City Council Chambers7:00 PMTuesday, November 2, 2021 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. 1.21-589 Consideration of acceptance of agenda. Sponsors:Jennifer Pena 2.21-590 Consideration of approval of minutes of the regular meeting of October 19, 2021. Sponsors:Jennifer Pena Attachments: 3.21-586 Consideration of approval on Resolution No. 21-36, a resolution of the mayor and city council of the City of Apache Junction, to enter into an Intergovernmental Agreement with Arizona Department of Transportation (ADOT) for the city's Winchester Road Improvement Project to install bicycle and pedestrian improvements, roadway expansion and drainage improvements. Sponsors:Raquel Schatz Attachments: Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 November 2, 2021City Council Meeting Agenda 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. 4.21-399 Presentation of 25-year Service Award to Kent Fowler, of the Apache Junction Police Department. Sponsors:Thomas Kelly 5.21-588 Presentation of proclamation designating Saturday, November 27, 2021 as "Small Business Saturday". The Apache Junction Area Chamber of Commerce will accept the proclamation. Sponsors:Janine Solley Attachments: 6.21-595 Proclamation designating the month of November as "National Alzheimer's Awareness Month." Sponsors:Chip Wilson Attachments: F.REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 7.21-591 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors:Chip Wilson G.CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 8.21-592 City Manager's Report. Sponsors:Bryant Powell 9.21-521 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Sponsors:Bryant Powell 10.21-587 Introduction by Steve Byfield of the new President/CEO, Mary Ann Przybylski, of the Apache Junction Area Chamber of Commerce. Sponsors:Janine Solley 11.21-593 Announcement of current events. Sponsors:Al Bravo Page 2 City of Apache Junction, Arizona Printed on 10/27/2021 November 2, 2021City Council Meeting Agenda 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. I.OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J.NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K.COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 12.21-598 Direction to staff on board and commission member selection and talent bank application process; changing Apache Junction City Code, Volume I, Section 2-11-2, relating to the number of health and human services commission members; and changing Apache Junction City Code, Volume I, Section 2-8-2(C), the residency requirements on the Park and Recreation Commission. L.SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13.21-594 Executive Session at 6:00 P.M. for Monday, November 15th and Executive Session at 6:00 P.M. for Tuesday, November 16th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors:Jennifer Pena Page 3 City of Apache Junction, Arizona Printed on 10/27/2021 November 2, 2021City Council Meeting Agenda 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. Page 4 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-589 Agenda Item No. 1. Agenda Date: 11/2/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of acceptance of agenda. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-590 Agenda Item No. 2. Agenda Date: 11/2/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of approval of minutes of the regular meeting of October 19, 2021. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes City Council Meeting 7:00 PM City Council Chambers CALL TO ORDERA. Mayor Wilson called the meeting to order at 7:01 p.m. INVOCATION AND PLEDGE OF ALLEGIANCEB. Vice Mayor Rizzi gave the invocation and Councilmember Nesser led the meeting attendees in the Pledge of Allegiance. ROLL CALLC. Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Present:6 - Councilmember GremmelExcused:1 - Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Police Chief Al Bravo, Public Information Officer Larry Kirch, Development Services Director Pam Harris, Library Director Victor Martinez, Code Compliance Manager Kelsey Schattnik, Planner Nicholas Leftwich, Associate Planner CONSENT AGENDAD. Vice Mayor Rizzi moved, seconded by Councilmember Nesser to approve the Consent Agenda as presented. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser 6 - No:0 Excused:Councilmember Gremmel1 - Page 1City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes 1.21-558 Consideration of acceptance of agenda. 2.21-559 Consideration of approval of minutes of the regular meeting of October 5th, 2021. 3.21-564 Consideration of approval on Resolution No. 21-42, an Intergovernmental Agreement between the City of Apache Junction and Maricopa County for the exchanging of street maintenance services with an aggregate amount not to exceed $250,000. AWARDS, PRESENTATIONS AND PROCLAMATIONSE. 4.21-467 Proclamation designating the week of October 23, 2021 through October 31, 2021 as "Red Ribbon Week." Mayor Wilson presented the Proclamation for Red Ribbon Week to Chief Kelly and Drug Enforcement Administration Special Agent in Charge Dave Reames of the Phoenix Field Division. 5.21-556 Proclamation recognizing November as National American Indian Heritage Month. Vice Mayor Rizzi presented the Proclamation for the National American Indian Heritage Month to Peggy Manseau. 6.21-557 Proclamation designating the month of October as "National Code Compliance Month". Councilmember Nesser presented the Proclamation for National Code Compliance Month to Victor Martinez, Code Compliance Manager. 7.21-577 Presentation of proclamation designating the week of October 19 through October 24, 2021 as "Arizona Cities and Towns Week". Councilmember Biggs presented the Proclamation for Arizona Cities and Towns Week to Al Bravo, Public Information Officer. 8.21-399 Presentation of 25-year Service Award to Kent Fowler, of the Apache Junction Police Department. This item was postponed to the November 2, 2021 city council regular meeting. REGIONAL INTERGOVERNMENTAL UPDATESF. 9.21-560 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Biggs announced there is a 9/11 memorial plaque in the council chambers lobby for viewing. He also thanked city staff for the 9/11 memorial ceremony on September 11. Councilmember Evens announced there was a successful Make a Difference Day. There were five projects, four of which are city owned. There were over 100 volunteers which included the Apache Junction High School football team and city employees. She also thanked Sandy Russell, Republic Services, Ace Hardware, and Apache Junction Parks and Recreation Department for their donations and hard work. Page 2City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Councilmember Schroeder announced he attended the Arizona Rural Transportation Summit on October 14th which highlighted two Apache Junction projects. He added there is a concern over the financing of transportation related matters due to the rate of Arizona's population increases. Mayor Wilson announced he attended the Phoenix/Mesa Gateway Airport Authority Board meeting and said they are increasing services at the airport. He added they are working on adding additional airlines and updating the terminal. He also said passenger numbers are exceeding those of 2018/2019. CITY MANAGER'S REPORTG. 10.21-561 City Manager's Report. City Manager Bryant Powell announced that Make a Difference Day is growing and plans for next year's event is already underway. He also read a letter he received from State Land Director Lisa Atkins regarding the recent state land annexation. 11.21-562 Announcement of current events. Public Information Officer Al Bravo announced that the VFW Post 9399 on Apache Trail and Saguaro is having a haunted house on October 29th and 30th from 7:00 to 10:00 pm. He also announced the Founders Centennial Committee meets on the 2nd and 4th Wednesday of the month at the library and thanked Frys on Old West Highway for the recent large financial donation. He announced the "Calling All Artists" which displays local artists work at City Hall and the Library. For more information contact the city manager's office. He said the next session of the Citizen Leadership Institute starts in January, 2022. More information and registration can be found at apachejunctionaz.gov/CLI. He said the farmers market that was located in the old bashas' plaza has moved to Gold Canyon to partner with their market. He also thanked all those that participated in the recognition of domestic violence awareness month by wearing purple. PUBLIC HEARINGSH. 12.21-554 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1517 (case PZ-21-68-PZ), a rezoning request by Sonoma Communities, represented by Adam Baugh of Withey Morris, PLC, to rezone approximately 22 acres, generally located near the southwest corner of Tomahawk Road and Broadway Avenue, from General Commercial ("B-1") and High Density Multiple-Family Residential ("RM-2") to High Density Multiple-Family Residential by Planned Development ("RM-2/PD") to develop approximately 201 single-family rental units. Page 3City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Councilmember Schroeder moved, seconded by Councilmember Evans that Ordinance No. 1517 be read by title only and the reading of the entire ordinance be waived. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Councilmember Biggs moved, seconded by Vice Mayor Rizzi that Ordinance 1517 as read by the city clerk be approved and adopted. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Councilmember Biggs said the fact that the chamber of commerce and school district were here to support the project was reassuring to him as a councilmember. Vice Mayor Rizzi stated she is not opposed to growth and she likes the development. It helps both the school district and local businesses, but looking towards the future it is important to balance residential growth with commercial growth. She prefers limiting commercial zoning changes. Motion passed. Planner Kelsey Schattnik gave a presentation on proposed development at the southwest corner of Broadway Avenue and Tomahawk Road and the request for rezoning by Sonoma Communities. Councilmember Biggs inquired about the number of acres. Ms. Schattnik replied that it is about 7 acres of the 22 acres. He also asked if the two parcels would be combined. Ms. Schattnik explained that the two lots would be combined if the proposed rezoning is approved. Vice Mayor Rizzi asked if there will be any issues by reducing the setback from 20 feet to 10 feet. Ms. Schattnik explained that it shouldn't be a problem as the rear setback only applies to those backyards adjacent the commercial property. Vice Mayor Rizzi explained she was concerned the reduced setback for those lots that back commercial lots may create future complaints of the commercial business activities. Mayor Wilson invited the applicant to address the council. Adam Baugh of Withey Morris, PLC, located at 2525 E. Arizona Biltmore Circle, Phoenix, addressed the council on the proposed rezoning and development. Councilmember Biggs asked if there was a price point for these units and is concerned about the rent being too high for lower income families. Mr. Baugh said he understands the concern and there are several price points for these units as there are different sizes. He did say they specifically created a one bedroom small units and studio units. He said he is unable to provide a price point at this time as the price is determined at the time the units are complete, ready for occupancy and would reflect current market rates. Councilmember Evans said she likes the plans for the proposed project, especially the studio units. Vice Mayor Rizzi said she doesn't always agree with rezoning commercial to residential zoning and changing the general plan but likes the proposed development. She wanted to share her Page 4City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes concern about changing the zoning in the general plan. Mayor Wilson said in the past the lot was used by 4-Wheel drive vehicles and ended up throwing dirt on the city streets which staff had to clean. Mayor Wilson opened the public hearing. George Schroeder, 244 W. Virginia, Apache Junction said he likes the project but urges the developer to develop the arroyo. He also said there should be more projects for low income residents. Jeff Barlett, 108 N. Meridian Drive, Apt 220, Apache Junction expressed his concern over the increase of cost of living and likes the proposed development and believes the way to keep rent prices down is to increase the supply to lower the demand. Steve Byfield, 561 E. Saddlebutte, representing the Chamber of Commerce, supports the planned development and believes it will be an asset to the business community in the city. Heather Wallace, Acting Superintendent of the Apache Junction School District, expressed support of the planned development. Charles Beal, Lot 21 of Superstition Villa, expressed concerned of the environmental concerns of the project such as solar on the club house, moisture sensors for sprinkler systems, and EV charging. He added retention basins for grey water are important as well. Mayor Wilson closed the public hearing and asked for a motion. 13.21-573 Presentation, discussion, public hearing and consideration of case P-21-73-PZ, a proposed rezoning by planned development requested by Chris Hundelt of Keystone Homes, of 14.77 acres located at the southwest corner of Superstition Boulevard and Royal Palm Road from RS-GR (“General Rural Low Density Single-Family Detached Residential”) to RM-2/PD (“High Density Multiple-Family Residential by Planned Development”) for the purpose of developing a 166-unit rental residential community. Vice Mayor Rizzi moved, seconded by Councilmember Schroeder that case P-21-73-PZ, a proposed rezoning case by Chris Hundelt of Keystone Homes be continued to the City Council meeting of December 7, 2021. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser 6 - No:0 Excused:Councilmember Gremmel1 - Mayor Wilson announced that the developer of this project requested a continuance on the approval of this project. Since it has been advertised the public hearing portion of the item will be held. Associate Planner Leftwich addressed the council explaining the Planning and Zoning Commission heard the applicants request to continue the request and voted to continue the project out 60 days. Page 5City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Mr. Leftwich reviewed the high level items of this project. ·This request is to rezone approximately 15 acres ·The requested rezoning is RS-GR to RM2-PD ·No general plan amendment is needed because it's part of the downtown mixed use core ·Rental home community owned by the community ·Some revisions are in progress based on the Planning and Zoning Commission’s comments ·Planning and Zoning Commission concerns were the location of the project and traffic impact (applicant is doing a traffic study) Councilmember Biggs asked if the traffic study would include winter visitor traffic numbers. Mr. Leftwich said the applicant would be better at answering that question. Brennan Ray, 1815 N. Central Ave., representing Keystone Homes, responded to Councilmember Biggs' question regarding the traffic impact analysis saying that it accounts for the additional traffic generated by winter visitors. Vice Mayor Rizzi asked Mr. Ray how they account for the increased traffic or how it is projected. Mr. Ray explained there is criteria and data from the National Institute of Engineers that is used to factor into the analysis. Mayor Wilson opened the public hearing potion of the item. George Schroeder, 2444 W. Virginia St., Apache Junction, does not support the project because of infrastructure costs and increased traffic. He also questions the height of the project as he said the development will block views. Jeff Barlett, 108 N. Meridian Dr., Apt. 220, Apache Junction, supports the building of higher density in the city and believes the traffic study will only get in the way of development. He also supports the development as the supply of housing increases, home costs will decrease. He supports the approval of this development and wants to see more affordable development in the city. Yvonne Kruser, 544 N. Hilton, Apache Junction, thanked the Planning and Zoning Commission for taking the time to request the traffic study as this development will impact the traffic on Superstition Boulevard. Vice Mayor Rizzi said the city shouldn't be compared to Phoenix and Mesa as it is a very unique community and that Apache Junction is growing, just in its own time. Mayor Wilson said this development is in the general plan area and can include 40 foot tall buildings. He said the 20 foot high buildings are a positive aspect of the development. Mayor Wilson closed the public hearing and called for a motion. OLD BUSINESSI. NEW BUSINESSJ. 14.21-555 Consideration of approval of Resolution No. 21-51 reaffirming the City of Page 6City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Apache Junctions support for the Southeast Arizona Land Exchange and Conservation Act and recognizing Resolution Copper Company for its investments and efforts in developing the copper mine NEAR or IN Superior and enhancing the local, state and regional economics. Councilmember Evens moved, seconded by Vice Mayor Rizzi that Resolution No. 21-51 a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, reaffirming Resolution No. 13-30 and the city’s support for the Southeast Arizona Land Exchange and Conservation Act and recognizing Resolution Copper Company for its investments and efforts in developing the copper mine near Superior, AZ, enhancing the local, state and regional economics be approved. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser 6 - No:0 Excused:Councilmember Gremmel1 - City Manager Bryant Powell explained the history of the resolution. Councilmember Biggs said the resolution will reaffirm the city's support for the Southeast Arizona Land Exchange and Conservation Act and Resolution Copper and its impact on local, state and regional economics. Mayor Wilson called for a motion. 15.21-567 Consideration of applicants for annual appointments and reappointments for the City of Apache Junction Boards and Commissions. Council interviewed applicants at the October 18th work session and may take this opportunity to fill the positions. Board of Adjustment Councilmember Biggs moved, seconded by Councilmember Evans that Sarah Snyder be appointed to the Board of Adjustment for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Councilmember Nesser moved, seconded by Councilmember Evans that Jaime Lanza be appointed to the Board of Adjustment for a term to expire on October 31, 2024. Yes: 5 No: 1 Councilmember Schroeder Excused: 1 Councilmember Gremmel Motion passed. Health & Human Services Commission Councilmember Evans moved, seconded by Councilmember Nesser that Michael Brennan be appointed to the Health & Human Services Commission for a term to expire on October 31, 2024. Page 7City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Yes: 5 No: 1 Councilmember Biggs Excused: 1 Councilmember Gremmel Motion passed. Councilmember Nesser moved, seconded by Councilmember Biggs that Jeffrey Mitchell be appointed to the Health & Human Services Commission for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Industrial Development Authority Councilmember Evans moved, seconded by Councilmember Biggs that Jaime Lanza be appointed to the Industrial Development Authority for a term to expire October 31, 2026. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Councilmember Biggs moved, seconded by Councilmember Schroeder that Sarah Snyder be appointed to the Industrial Development Authority for a term to expire October 31, 2027. Yes: 4 No: 2 Councilmembers Evans and Nesser Excused: 1 Councilmember Gremmel Motion passed. Councilmember Evans moved, seconded by Councilmember Biggs that Dr. Michael Sutton be appointed to the Industrial Development Authority for a term to expire October 31, 2027. Yes: 5 No: 1 Vice Mayor Rizzi Excused: 1 Councilmember Gremmel Motion passed. Library Board Councilmember Evans moved, seconded by Councilmember Biggs that Yvonne Kruser be appointed to the Library Board for a term to expire on October 31, 2022. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Page 8City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Motion passed. Councilmember Schroder moved, seconded by Councilmember Nesser that Vera Walters be appointed to the Library Board for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Councilmember Biggs moved, seconded by Councilmember Schroeder that Cheryl Hall be appointed to the Library Board for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Municipal Property Corporation Councilmember Evans moved, seconded by Councilmember Schroeder that Wayne Standage be appointed to the Municipal Property Corporation for a term to expire October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Councilmember Schroeder moved, seconded by Councilmember Evans that CE Beal be appointed to the Municipal Property Corporation for a term to expire October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Parks and Recreation Commission Councilmember Nesser moved, seconded by Vice Mayor Rizzi that Frank Schoenbeck be appointed to the Parks and Recreation Commission for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Page 9City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Councilmember Biggs moved, seconded by Councilmember Schroeder that Tarrell Moore be appointed to the Parks and Recreation Commission for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Councilmember Biggs moved, seconded by Councilmember Schroeder that Tarrell Moore be appointed to the Parks and Recreation Commission for a term to expire on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Planning and Zoning Commission Vice Mayor Rizzi moved, seconded by Councilmember Schroeder that Richard Cantwell be appointed to the Planning and Zoning Commission for a term ending on October 31, 2024. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. Councilmember Biggs moved, seconded by Vice Mayor Rizzi that Dirk Begeman be appointed to the Planning and Zoning Commission for a term to expire on October 31, 2024. Yes: 5 No: 1 Councilmember Evans Excused: 1 Councilmember Gremmel Motion passed. Public Art Commission Councilmember Evans moved, seconded by Vice Mayor Rizzi that Frank Sperna be appointed to the Public Arts Commission for the “Interested in Art” position for a term to expire on October 31, 2022. Yes: 6 No: 0 Excused: 1 Councilmember Gremmel Motion passed. After the appointments, councils' comments reflected they would like to discuss the number of commissioners for the Health and Human Services Commission, residency requirements of the Page 10City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes Parks & Recreation Commission and updates to the current procedures. COUNCIL DIRECTION TO STAFFK. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSESL. 16.21-563 Executive Session at 6:00 P.M. for Monday, November 1st and Executive Session at 6:00 P.M. for Tuesday, November 2nd in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Vice Mayor Rizzi moved, seconded by Councilmember Nesser that an executive session at 6:00 p.m. for Monday, November 1st, and Tuesday, November 2nd, 2021 be held in the city council conference room and city council chambers, 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively and other meetings scheduled if necessary. Yes:Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser 6 - No:0 Excused:Councilmember Gremmel1 - CALL TO PUBLICM. George Schroeder, 244 W. Virginia, Apache Junction believes appointees to the planning and zoning commission should have a background check and that a traffic study hasn't been performed on his street. He added the intersection of Idaho and Superstition is a dangerous intersection and hasn't approved since the round-a-bout was installed. He said he will go to court and block the general plan and have it resent for a vote. Councilmember Biggs asked staff to look into a stop sign at the intersection of Delaware and Virginia. City Manager Bryant Powell said this was currently being looked into. ADJOURNMENTN. Mayor Wilson adjourned the meeting at 9:01 p.m. ACCEPTED THIS DAY OF , 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2021. WALTER “CHIP” WILSON Mayor Page 11City of Apache Junction, Arizona October 19, 2021City Council Meeting Meeting Minutes ATTEST: JENNIFER PEÑA 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. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2021. JENNIFER PEÑA City Clerk Page 12City of Apache Junction, Arizona Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-586 Agenda Item No. 3. Agenda Date: 11/2/2021 Sponsor: Raquel Schatz In Control: City Council MeetingIndex: Consideration of approval on Resolution No. 21-36, a resolution of the mayor and city council of the City of Apache Junction, to enter into an Intergovernmental Agreement with Arizona Department of Transportation (ADOT) for the city's Winchester Road Improvement Project to install bicycle and pedestrian improvements, roadway expansion and drainage improvements. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 575 E. Baseline Avenue, Apache Junction, A Z 85 1 19 ⬧ Voic e (480 ) 982 -105 5 ⬧ FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains MEMORANDUM DATE: November 1, 2021 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager Michael Wever P.E., Public Works Director FROM: Raquel Schatz, Project Engineer SUBJECT: Utilization of Unobligated Federal Funds HFE 21-03 Winchester Road Improvement Project REQUEST Staff respectfully requests the mayor and city council, discuss and consider an Intergovernmental Agreement with ADOT for design and construction of the City’s Winchester Road Improvement Project, from 29th Avenue to Southern Avenue. BACKGROUND The city requested funds from Maricopa Association of Governments “MAG”. The Surface Transportation Block Grant Program “STBGP” is available to the Pinal County cities and towns that are members of MAG. Projects within this specific area qualify for funding in the Pinal County Arterial Bridge Program which include projects such as roadways, principal and minor arterials, and major collectors. Eligible activities include capacity expansion, rehabilitation of existing roadway and bridge infrastructure, and intersection and drainage improvements. MAG attempts to utilize all of the spending authority made available to the region. To meet this goal, MAG established a closeout process. The most important criteria for a closeout project is that it must have completed the federal project development process through a self-certified agency (in this case, ADOT) and be in a position to go to bid by the end of the federal fiscal year (August 30th). Closeout priorities are to advance a current federally funded programmed project that are ready to be obligated, then to increase the federal share of projects being obligated, and then street sweepers, and finally design services. This project includes improved infrastructure to Winchester Road from 29th Avenue to Southern Avenue such as widening the road to three (3) lanes with bicycle lanes, curb & gutter, sidewalk, street lights, drainage improvements which will shallow up the existing channel. The city’s financial contribution is $1,352,144 with the federal contribution at $1,349,784. 575 E. Baseline Avenue, Apache Junction, A Z 85 1 19 ⬧ Voic e (480 ) 982 -105 5 ⬧ FAX (480 ) 982 -8005 Public Works Department City of Apache Junction Home of the Superstition Mountains DISCUSSION The City is in an agreement with ADOT for the following: Work Funding Type Year Federal City Total Design 2021 (100%) Local $ 320,000 $ 320,000 $ 30,000 $ 30,000 TOTAL - Design $ 350,000 $ 350,000 Construction 2024 (5.7%) STBGP $ 1,349,784 $ 81,588 $ 1,431,372 (100%) Local $ 920,556 * $ 920,556 TOTAL - Construction $ 1,349,784 $ 1,002,144 $ 2,351,928 Estimated TOTAL Project Cost $1,349,784 $1,352,144 $ 2,701,928 * Closeout eligible if the city wishes to advance the construction to the previous year (2022) or increase the federal share of projects being obligated. D esign needs to be completed and shovel/bid ready. RECOMMENDATION The City has pursued and is hoping to utilize these available funds on Winchester Road from 29th Avenue to Southern Avenue. The Public Works Department is requesting City Council approval to enter into an Intergovernmental Agreement “IGA” with ADOT which will provide funding for the construction of the Winchester Road Improvement Project. ACTION REQUIRED Discussion and consideration of the proposed Intergovernmental Agreement with ADOT. Attachment 1: Intergovernmental Agreement Attachment 2: Exhibit A (Cost Estimate) RESOLUTION NO. 21-36 PAGE 1 OF 2 RESOLUTION NO. 21-36 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE 2021 WINCHESTER ROADWAY IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction(“City”) and the State of Arizona Department of Transportation (“ADOT”) desire to enter into an Intergovernmental Agreement (“IGA”) for a roadway improvement project on Winchester Road between 29th Avenue and Southern Avenue (the “Project”); and WHEREAS, the City acquired federal-aid funds to construct the Project; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, pursuant to A.R.S. § 11-952(A), public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written agreement in the form of an IGA which formalizes the arrangement; and WHEREAS, the attached written IGA (designated as ADOT No. IGA/JPA 21-0008238-I) sets forth the financial and administrative conditions for the Project; and WHEREAS, federal aid funds will contribute $1,349,784 with the City’s contribution being $1,352,144 for design and construction project costs; and RESOLUTION NO. 21-36 PAGE 2 OF 2 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 approve the attached form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS ____ DAY OF ________, 20__. SIGNED AND ATTESTED TO THIS ____ DAY OF ________, 20__. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Page 1 of 10 ADOT CAR No.: IGA 21-0008238-I AG Contract No.: P001 2021 001390 Project Location/Name: Winchester Road, 29th Ave-Southern Ave Type of Work: Roadway Widening; Pedestrian and Safety Improvements Federal-aid No.: STBG-APJ-0(219)T ADOT Project No.: T0324 01D/03D/01C TIP/STIP No.: APJ23-030D, APJ23-030 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT (“Agreement”) is entered into this date ________________________________, pursuant to the Arizona Revised Statutes (“A.R.S.”) §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the “State” or “ADOT”) and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the “City”). The State and the City are each individually referred to as a “Party” and are collectively referred to as the “Parties.” I. RECITALS 1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by A.R.S. § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of the design and construction of a third lane on Winchester Road from 29th Avenue to Southern Avenue (the “Project”). The Project will also include but is not limited to the design and construction of sidewalks, curb & gutter, a shared turning lane, bicycle lanes, street lights along Winchester Road, and drainage improvements. The Project cost, shown in Exhibit A, is estimated at $2,701,928.00, which includes federal aid and City costs. The State will administer the design, and advertise, bid and award, and administer the construction of the Project. 4. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and authorization of such federal funds for the Project pursuant to federal law and regulations. The State shall be the designated agent for the City for the Project, if IGA 21-0008238-I Page 2 of 10 the Project is approved by Federal Highway Administration (FHWA) and funds for the Project are available. THEREFORE, the Recitals set forth above and Exhibit A, attached hereto and made part hereof, are incorporated into this Agreement and in consideration of the mutual terms expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Project will be completed, accepted, and paid for in accordance with the requirements of the Project plans and specifications. b. The final Project amount may exceed the initial estimate(s) identified in Exhibit A, and in such case, the City is responsible for, and agrees to pay, any and all actual costs exceeding the initial estimate. If the final Project amount is less than the initial estimate, the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project and returned to the Maricopa Association of Governments. The City acknowledges it remains responsible for actual costs and agrees to pay according to the terms of this Agreement. c. The City and ADOT will each separately file a Notice of Intent (NOI) under the Construction General Permit (CGP) with the Arizona Department of Environmental Quality (ADEQ) before construction begins, if applicable to the Project. 2. The State will: a. Execute this Agreement, and if the Project is approved by FHWA and funds for the Project are available, be the City’s designated agent for the Project. b. After this Agreement is executed, and prior to performing or authorizing any work, invoice the City for the initial Project Development Administration (PDA) costs, estimated at $30,000.00 and the City’s Project design costs, estimated at $320,000.00. If design or PDA costs exceed the estimate during the development of design, notify the City, obtain concurrence prior to continuing with the development of design, and invoice as determined by ADOT and the City for additional costs to complete design and PDA for the Project. After the Project costs are finalized invoice or reimburse the City for the difference between actual costs and the amount the City has paid for design and PDA. c. After receipt of the PDA costs and the City’s estimated share of the Project design costs, on behalf of the City, prepare and provide all documents pertaining to the design and post-design of the Project, incorporating comments from the City, as appropriate. Review and approve documents required by FHWA to qualify the Project for and to receive federal funds. Perform tasks that may consist of, but are not limited to, preparation of environmental documents; analysis and documentation of IGA 21-0008238-I Page 3 of 10 environmental categorical exclusion determinations; geologic materials testing and analysis; right of way related activities; preparation of reports, design plans, maps, specifications and cost estimates and other related tasks essential to the design development of the Project. d. Advertise for and enter into contract(s) with the consultant(s) for the design and post-design of the Project. Should costs exceed the design estimate of $320,000.00, it is understood and agreed that the City will be responsible for any overage. e. After completion of design and prior to bid advertisement, invoice the City for any outstanding design and actual PDA costs, as applicable, and the City share of the Project construction costs, estimated at $1,002,144.00. After the Project costs for construction are finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the design phase of the Project. f. After receipt of the actual design and PDA costs, if applicable, and the City’s estimated share of the Project construction costs, submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved. Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. g. After receipt of FHWA authorization, proceed to advertise for, receive and open bids award and enter into a contract with the firm for the construction of the Project. If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract. After the Project is awarded, invoice the City for the difference between estimated and actual costs, if applicable. h. Notify the City of completion and final acceptance of the Project. At such time, file a Notice of Termination (NOT) with ADEQ transferring CGP responsibilities to the City, and provide a copy to the City indicating that the State’s maintenance responsibility of the Project is terminated, as applicable. i. Notify the City of completion and final acceptance of the Project; coordinate with the City and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The City will: a. Designate the State as the City’s authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State, pay the initial PDA costs, estimated at $30,000.00 and the City’s Project design costs, estimated at $320,000.00. Agree to be responsible for actual design and PDA costs, if during the development of design, costs exceed the initial estimate. Be responsible for and pay the difference between the estimated and actual design and PDA costs of the Project within 30 days of receipt of an invoice. IGA 21-0008238-I Page 4 of 10 c. Review design plans, specifications, cost estimates and other such documents required for the construction bidding and construction of the Project, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. d. After completion of design, within 30 days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, any outstanding design and PDA costs (if applicable) and the City’s share of the Project construction costs, estimated at $1,002,144.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project, within 30 days of receipt of an invoice. e. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, that are not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. f. Certify that all necessary rights of way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right of way, or will be removed prior to the start of construction, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies; 49 CFR 24.4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State’s Right of Way personnel during any right of way process performed by the City, if applicable. g. Certify that the City has adequate resources to discharge the City’s real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201) h. Not permit or allow any encroachments on or private use of the right of way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use. Provide a copy of encroachment permits issued within the Project limits to the State. i. Automatically grant to the State, by execution of this Agreement, its agents and/or contractors, without cost, the temporary right to enter City rights of way, as required, to conduct any and all construction and preconstruction related activities for the Project, on, to and over said City rights of way. This temporary right will expire with completion of the Project. j. Investigate and document utilities within the Project limits; submit findings to ADOT determining prior rights or no prior rights; approve an easement within the final right of way to re-establish the prior right location for those utilities with prior rights. IGA 21-0008238-I Page 5 of 10 k. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Project costs. Be responsible for the cost of any City requested changes to the scope of work of the Project, such changes will require State and FHWA approval. Be responsible for any contractor claims for additional compensation caused by Project delay attributable to the City. Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. l. After notification of final acceptance by the State, assume and maintain full responsibility of the Project, including Storm Water Pollution Prevention Plans (SWPPP) inspections, maintenance, and required documentation, until final stabilization is reached. Provide the NOI number to the State and the Contractor, accept CGP responsibilities at time of transfer, and file an NOT with ADEQ when final stabilization is reached, as applicable. m. After completion and final acceptance of the Project, agree to maintain and assume full responsibility of the Project and all Project components. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. 2. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual, unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract, so long as the cancelling Party provides at least 30 days’ prior written notice to the other Party. It is understood and agreed that, in the event the City terminates this Agreement, the City shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 5. The City shall indemnify, defend, and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the “State”) from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the “Claims”), which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the City, its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The City’s obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any IGA 21-0008238-I Page 6 of 10 negligence of the City which may be legally imputed to the State by virtue of the State’s ownership or possession of land. The City’s obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2021 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction, incorporated into this Agreement by reference, in the State’s contract with any and all contractors, of which the City shall be specifically named as a third-party beneficiary. This provision may not be amended without the approval of the City. 7. The cost of scoping, design, construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project, up to the maximum available. The City acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds. Therefore, the City agrees to pay the difference between actual costs of the Project and the federal funds received. 8. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA, as applicable. 10. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the “Act”). Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The City acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS, TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend $750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit in accordance with §200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. ADOT – FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix, AZ 85007 SingleAudit@azdot.gov 13. This Agreement shall be governed by and construed in accordance with Arizona laws. 14. This Agreement may be cancelled in accordance with A.R.S. § 38-511. IGA 21-0008238-I Page 7 of 10 15. The City shall retain all books, accounts, reports, files and other records relating to the Agreement for five years after completion of the Project. These documents shall be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the City at the request of ADOT. 16. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding “Non-Discrimination.” 17. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 18. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 19. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 20. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §35-393.01. 21. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 22. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation Joint Project Agreement Section 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 JPABranch@azdot.gov For Project Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov City of Apache Junction Raquel C. Schatz 575 E. Baseline Avenue Apache Junction, AZ 85119 480.474.8549 City of Apache Junction Raquel C. Schatz 575 E. Baseline Avenue Apache Junction, AZ 85119 480.474.8549 IGA 21-0008238-I Page 8 of 10 For Financial Administration: Arizona Department of Transportation Project Management Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 PMG@azdot.gov City of Apache Junction Raquel C. Schatz 575 E. Baseline Avenue Apache Junction, AZ 85119 480.474.8549 23. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 24. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the written determination of each Party’s legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION By ______________________________ _______________ WALTER “CHIP” WILSON Date STATE OF ARIZONA Department of Transportation By ______________________________ _______________ STEVE BOSCHEN, PE Date Division Director ATTEST: By ______________________________ _______________ JENNIFER PENA Date City Clerk IGA 21-0008238-I Page 9 of 10 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. _____________________________________________________ _________________________________ City Attorney Date IGA 21-0008238-I Page 10 of 10 EXHIBIT A Cost Estimate T0324 01D/03D/01C The federal funds will be used for the construction of the Project, including the construction engineering (CE) and administration cost. The estimated Project costs are as follows: ADOT Project Development Administration (PDA) Cost, non-federal-aid: City’s contribution @ 100% $ 30,000.00 Subtotal – PDA $ 30,000.00 Design, non-federal-aid: City’s contribution @ 100% $ 320,000.00 Subtotal – Scoping/Design/PDA $ 350,000.00 Construction: Federal-aid funds @ 94.3% $ 1,349,784.00 City’s match @ 5.7% $ 81,588.00 City’s contribution @ 100% $ 920,556.00 Subtotal – Construction* $ 2,351,928.00 Estimated TOTAL Project Cost $ 2,701,928.00 Total Estimated City Funds $ 1,352,144.00 Total Federal Funds $ 1,349,784.00 * (Includes 18% CE (this percentage is subject to change, any change will require concurrence from the City) and 5% Project contingencies) Direction to Staff: 21-XXX Resolution 21-36: An Intergovernmental Agreement with Arizona Department of Transportation for Roadway Improvements on Winchester Road from 29th Avenue to Southern Avenue. Department of Public Works November 1, 2021 By: Raquel Schatz Background •2020 MAG Awarded $1,349,784 for Construction in 2023 •Pinal Area Bridge Arterial Program – STGBP Resolution 21-36: Winchester Road Improvements •Design anticipated to begin 2022 •Duration: 18-24 months (ADOT process) •Shovel Ready Project •Eligible for Closeout Funds •Construction anticipated to begin 2023 Schedule Existing Conditions Resolution 21-36: Winchester Road Improvements Existing Conditions Resolution 21-36: Winchester Road Improvements •Existing Condition •3 Lanes •Sidewalk (west side) •Curb & Gutter •Street Lights (west side) Improvements Resolution 21-36: Winchester Road Improvements •Improvements •Travel Lane •Sidewalk •Curb & Gutter •Street Lights (west side) Improvements Resolution 21-36: Winchester Road Improvements •Improvements •Alignment at Southern Avenue •Travel Lane •Sidewalk (east side) •Curb & Gutter (east side) •Drainage Improvements Cost Share ADOT Project Development Administration City’s Match (100%):$ 30,000 Design City’s Match (100%):$ 320,000 Subtotal – Design $ 350,000 Construction Federal-aid Funds (94.3%):$ 1,349,784 City’s Match (5.7%):$ 81,588 City’s Match (100%):$ 920,556 Subtotal – Construction $ 2,351,928 Design & Construction Federal Funds (STBGP)$ 1,349,784 Design City Funds $ 350,000 Construction City Funds $ 1,002,144 Total Estimated Project Costs $ 2,701,928 Resolution 21-36: Winchester Road Improvements The Public Works Department recommends APPROVAL Timing is extremely crucial as execution needs to occur before design can begin. Resolution 21-36: Winchester Road Improvements Staff Recommendation 21-XXX Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-399 Agenda Item No. 4. Agenda Date: 11/2/2021 Sponsor: Thomas Kelly In Control: City Council MeetingIndex: Presentation of 25-year Service Award to Kent Fowler, of the Apache Junction Police Department. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-588 Agenda Item No. 5. Agenda Date: 11/2/2021 Sponsor: Janine Solley In Control: City Council MeetingIndex: Presentation of proclamation designating Saturday, November 27, 2021 as "Small Business Saturday". The Apache Junction Area Chamber of Commerce will accept the proclamation. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Proclamation SMALL BUSINESS SATURDAY NOVEMBER 27, 2021 WHEREAS, the City of Apache Junction, Arizona celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are 31 million small businesses in the United that are responsible for 65% of net new jobs created from 2000 to 2019; and WHEREAS, small businesses employ 47% of the employees in the private sector in the United States, 88% of U.S. consumers feel a personal commitment to support small businesses in the wake of the pandemic, and 92% of small business owners have changed the way they do business to stay open during the pandemic; and WHEREAS, 97% of Small Business Saturday® shoppers recognize the impact they can make by shopping small, 85% of them also encouraged friends and family to shop local small businesses; and WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, Chip Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim November 27, 2021 as SMALL BUSINESS SATURDAY Signed and attested to this day of , 2021. WALTER “CHIP” WILSON Mayor ATTEST: ______________________________ JENNIFER PENA City Clerk Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-595 Agenda Item No. 6. Agenda Date: 11/2/2021 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Proclamation designating the month of November as "National Alzheimer's Awareness Month." Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Proclamation NATIONAL ALZHEIMER’S AWARENESS MONTH NOVEMBER , 2021 WHEREAS, The City of Apache Junction recognizes the importance of Alzheimers’s and related dementia care; and the month of May is Mental Health Awareness Month and an estimated one in five Americans experience mental illness; and WHEREAS, Alzheimer’s and related dementias have a significant impact on the health and wellbeing of our residents; and WHEREAS, more than 150,000 Arizonans live the Alzheimer’s, which is the 5th leading cause of death in the state; and cities’ public safety services and other first responders often bear the burden of under resourced mental health care; and WHEREAS, Arizonans are actively engaged in educating about the disease, advocating for a proper continuum of care, and improving the training and care of patients with Alzheimer’s disease and related dementias; and WHERAS, The city of Apache Junction supports without Alzheimer’s, addressing this public health crisis; NOW, THEREFORE, I, Chip Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim NOVEMBER 2021 to be Alzheimer’s and Caregiver Month in this community, and encourage all of our residents to learn about Alzheimer’s, related dementias and patient care. NATIONAL ALZHEIMER’S AWARENESS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Apache Junction, Arizona to be affixed this _____ day of ________________ 2021. WALTER “CHIP” WILSON Mayor ATTEST: ______________________________ JENNIFER PENA City Clerk Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-591 Agenda Item No. 7. Agenda Date: 11/2/2021 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Brief summary of intergovernmental updates from mayor and councilmembers. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-592 Agenda Item No. 8. Agenda Date: 11/2/2021 Sponsor: Bryant Powell In Control: City Council MeetingIndex: City Manager's Report. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-521 Agenda Item No. 9. Agenda Date: 11/2/2021 Sponsor: Bryant Powell In Control: City Council MeetingIndex: Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-587 Agenda Item No. 10. Agenda Date: 11/2/2021 Sponsor: Janine Solley In Control: City Council MeetingIndex: Introduction by Steve Byfield of the new President/CEO, Mary Ann Przybylski, of the Apache Junction Area Chamber of Commerce. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-593 Agenda Item No. 11. Agenda Date: 11/2/2021 Sponsor: Al Bravo In Control: City Council MeetingIndex: Announcement of current events. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-598 Agenda Item No. 12. Agenda Date: 11/2/2021 Sponsor: In Control: City Council MeetingIndex: Direction to staff on board and commission member selection and talent bank application process; changing Apache Junction City Code, Volume I, Section 2-11-2, relating to the number of health and human services commission members; and changing Apache Junction City Code, Volume I, Section 2-8-2(C), the residency requirements on the Park and Recreation Commission. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 21-594 Agenda Item No. 13. Agenda Date: 11/2/2021 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Executive Session at 6:00 P.M. for Monday, November 15th and Executive Session at 6:00 P.M. for Tuesday, November 16th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Page 1 City of Apache Junction, Arizona Printed on 10/27/2021