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HomeMy WebLinkAbout2021 07.06 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,July 6,2021 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. 21-326 Consideration of acceptance of agenda. 2. 21-35 Consideration of approval of minutes of the special meeting of June 14, 2021. Attachments: Minutes 3. 21-37 Consideration of approval of minutes of the regular meeting of June 15, 2021. Attachments: Minutes 4. 21-288 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2020-2021 fiscal year. Attachments: Library Board Annual Re ort 2020-21-FINAL 5. 21-33 Consideration on an award of contract to Viasun Corporation for asphalt crushing and screening. The work would be through the City of Scottsdale Cooperative Contract No. 20RP016 in a total amount not to exceed $308,096.00 and this service contract is a partial fulfillment of the Fiscal Year's Capital Improvement and Street Maintenance Plan. Attachments: Staff Memo-HFS21-15 Award Presentation-Asphalt Crushing City of Apache Junction,Arizona Page 1 Printed on 1212012021 City Council Meeting Agenda July 6,2021 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. 6. 21-338 Presentation of proclamation recognizing July 2021 as Parks and Recreation Month. Attachments: Parks and Recreation Proclamation 2021 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. 21-332 Brief summary of intergovernmental updates from mayor and councilmembers. 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. 1-329 City Manager's Report. 9. 21-330 Announcement of current events. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any 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. 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 1212012021 City Council Meeting Agenda July 6,2021 10. 21-322 Presentation and discussion on the Pubic Work's Fiscal Year 2021/2022 Capital Improvement and Street Maintenance Plan. City staff will present information regarding the status of the city's streets and upcoming Capital Improvement and Street Maintenance Projects for the new Fiscal Year. Attachments: Staff Memo-FY22 CIF'&Str Maint Plan Presentation-FY22 CIP&Maint Plan 11. 21-331 Consideration of appointment of Aaron Doug LaSota as presiding magistrate and consideration of associated employment agreement; swearing in of Aaron Doug LaSota as presiding magistrate; and opportunity for comments by mayor, council and Judge LaSota. Attachments: Contract K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 21-328 Executive Session at 6:00 P.M. for Monday, July 19th and Executive Session at 6:00 P.M.for Tuesday, July 20th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker,•2)ask the city manager to review a matter,•3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. City of Apache Junction,Arizona Page 3 Printed on I2(20/2021 City Council Meeting Agenda July 6,2021 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 1212012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-326 Sponsor:Jennifer Pena Agenda Date:7/6/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1212012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-325 Sponsor:Jennifer Pena Agenda Date:7/6/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of June 14, 2021. City of Apache Junction,Arizona Page 1 Printed on 1212012021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E Superstition Blvd Special Meeting of the Apache Apache Junction,AZ p g p 85119 Junction City Council apachejunctionaz.gov Ph:(480)982-8002 Monday,June 14,2021 7:00 PM CALL TO ORDER Mayor Wilson called the city council special meeting to order. ROLL CALL Present 6- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Gremmel Councilmember Nesser Councilmember Schroeder Excused 1 - Councilmember Biggs City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Anna McCray, Assistant to City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Larry Kirch, Development Services Director Leslie DeReche, Finance Director Jill Bright, Deputy City Clerk(remotely) AGENDA ITEMS 1. 21- 12 Consideration of approval of the City of Apache Junction's Public Safety Personnel Retirement System (PSPRS) Pension Funding Policy. Councilmember Evans moved,seconded by Vice Mayor Rizzi to approve the City of Apache Junction's public safety personnel retirement system pension funding policy. Assistant City Manager shared that house bill 2097 requires cities to establish a pension funding policy that will be adopted annually. The policy will define how and when the city's PSPRS payroll contributions and unfunded liability will be met. PUBLIC HEARING City of Apache Junction,Arizona Pagel Special Meeting of the Apache Meeting Minutes June 14,2021 Junction City Council 2. 21-102 Discussion and consideration for approval of Resolution No. 21-22, fully adopting estimates of expenditures by the City of Apache Junction for the fiscal year beginning July 1, 2021 and ending June 30, 2022; declaring establishment of the budget for the City of Apache Junction for Fiscal Year 2021-2022; and declaring an emergency. Councilmember Evans moved,seconded by Councilmember Nesser that Resolution No.21-22,a resolution of the mayor and City Council of the City of Apache Junction,Arizona,fully adopting the estimates of expenditures by the City of Apache Junction,Arizona for Fiscal Year beginning July 1,2021 and ending June 30,2022; declaring establishment of the budget for the City of Apache Junction for Fiscal Year 2021-2022; and declaring an emergency be approved. Yes 6- Mayor Wilson,Vice Mayor Rizzi,Council member Evans,Councilmember Gremmel,Councilmember Nesser and Councilmember Schroeder No 0 Excused 1 - Councilmember Biggs City Manager Bryant shared that tonight is the final public hearing for consideration of approval of the budget and council can either accept or reduce the proposed budget at this time via Resolution No. 21-22. Assistant City Manager Matt Busby stated that the tentative budget is posted online. Mayor Wilson opened the public hearing. Jeff Barlett, 108 N. Meridian Drive, thinks that the budget should be sent back to a work session and looked over. Public transportation needs to be addressed and public health care should be looked at. The city is doing a good job at public safety and thinks that the library and public parks are not essential. The road work done is excessive. George Schroeder, 2444 W. Virginia Street, thinks that a good city council tells the managers what they want. Council needs to review the budget again. There is no money for the homeless. He says the public doesn't trust the council. There needs to be more money for code enforcement. Vice Mayor Rizzi stated that the city must get their budget passed by a certain date and we cannot wait for the state to pass their budget. Mayor Wilson closed the public hearing and asked for a motion. ADJOURNMENT Mayor Wilson adjourned the city council special meeting. 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. CHIP WILSON Mayor City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Meeting Minutes June 14,2021 Junction City Council 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 special 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 12021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-327 Sponsor:Jennifer Pena Agenda Date:7/6/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of June 15, 2021. City of Apache Junction,Arizona Page 1 Printed on 1212012021 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 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,June 15,2021 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 Larry Kirch, Development Services Director Misty Moseley-Helber, Grants&Community Development Administrator Kelsey Schattnik, Development Services Planner Janine Solley, Economic Development Director Liz Langenbach, Parks& Recreation Director JJ Underwood, Recreation Coordinator Dave Butler, Parks Supervisor Mike Wever, Public Works Director Pam Harrison, Library Director Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Nesser to accept the consent agenda as presented. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes June 15,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21-290 Consideration of acceptance of agenda. 2. 21-291 Consideration of approval of minutes of the regular meeting of June 1st, 2021. 3. 21-226 Consideration of approval of Fiscal Year 2021-2022 Health and Human Services Commission funding recommendations. 4. 21-294 Consideration of proposed Resolution No. 21-23, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Gila County,Arizona for CDBG Regional Account(RA)allocation. 5. 21-307 Award of bid for the County Basin Dog Park Construction to Scholz Contracting, LLC, in the amount of$1,042,814.50, plus a 10% contingency ($104,281.45)for any future unforeseen change orders for a total of $1,147,095.95. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 21-295 Presentation of Proclamation recognizing May 2021 as Mental Health Awareness Month. Mayor Wilson proclaimed May 2021 as Mental Health Awareness Month and presented the proclamation to Cheri DeBree of Horizon Health &Wellness Center. Ms. DeBree thanked the city for recognizing mental health and for the health and human services funding which allows them to continue mental health training. 7. 21-313 Presentation of Proclamation in support of the federal funding of water conservation infrastructure in the San Carlos irrigation and drainage district. Mayor Wilson presented a proclamation in support of the federal funding of water conservation infrastructure in the San Carlos irrigation and drainage district and presented the proclamation to Representative David Cook. Mr. Cook thanked council for the support and explained the importance of water conservation in Arizona. Mayor Wilson thanked Mr. Cook for his assistance in the state budget and offered the city's assistance. F. REGIONAL INTERGOVERNMENTAL UPDATES 8. 21-292 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Schroeder shared that he serves on the Central Arizona Government(CAG) board and the last meeting was a month ago and they will be having another meeting soon and City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes June 15,2021 he will have an update. Mayor Wilson shared that he serves on the Phoenix Mesa Gateway Airport(PMGA) board meeting. They have seen a dramatic increase in travelers. Mayor Giles is the new board chair. G. CITY MANAGER'S REPORT 9. 21-253 Presentation and discussion by Tony Smith from Pinal Partnership regarding new projects and future plans. Tony Smith of Pinal Partnership thanked council for their support and partnership over the years. Mr. Smith provided background information on the 501 c(6)which is made up of 22 board of directors and an executive committee. They host monthly breakfast meetings which cover a variety of timely topics. He explained current and future projects that they have been involved in. 10. 21-239 City Manager's Report. City Manager Bryant Powell shared that the city is excited and ready to start building the dog park. 11. 21-303 Presentation and update from the Youth Advisory Council (YAC)on recent accomplishments. Parks& Recreation Coordinator JJ Underwood supervises the Youth Advisory Council (YAC) and shared projects that they have completed over the last year. Mr. Underwood played a video highlighting the accomplishments. 12. 1- 14 Announcement of current events. Public Information Officer Al Bravo presented upcoming events: - Kiwanas will be meeting June 24th -The Shop Local Program is still occurring until October 31 st -Chamber golf tournament is September 24th -Chamber annual awards gala is in August -The 1 st Friday event celebrated a year of events H. PUBLIC HEARINGS 13. 21-297 Presentation, discussion, public hearing and consideration of Resolution No. 21-25 a resolution of the mayor and city council of City of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Auction Property between the City of Apache Junction, the Arizona State Land Department and D.R. Horton, Inc. Arizona State Land Department and D.R. Horton, Inc. representatives will be available to answer any of the council's questions. Councilmember Evans moved,seconded by Councilmember Nesser that Resolution No.21-25 a resolution of the mayor and the city council of the City of Apache Junction,Arizona,authorizing the Mayor to execute the procedural pre-annexation agreement for the Auction Property between the City of Apache Junction,the Arizona State Land Department and D.R. Horton Inc. be approved. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes June 15,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Items 13 and 14 were read together with a combined public hearing. City Attorney Joel Stern shared that the Resolution No. 21-25 and Resolution No. 21-26 authorizes the mayor to execute the procedural pre-annexation agreement for the auction property and retained property. Mayor Wilson opened the public hearing. George Schroeder, 2444 W. Virginia Street, says the city needs to go about this slowly. The city needs to get good faith money from the developers in case it goes south. Mayor Wilson closed the public hearing and asked for a motion. 14. 21-298 Presentation, discussion, public hearing and consideration of Resolution No. 21-26 a resolution of the mayor and city council of City of Apache Junction, Arizona, authorizing the mayor to execute the procedural pre-annexation agreement for the Retained Property between the City of Apache Junction and the Arizona State Land Department. Arizona State Land Department representatives will be available to answer any of the council's questions. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that Resolution No.21-26 a resolution of the mayor and the city council of the City of Apache Junction,Arizona,authorizing the Mayor to execute the procedural pre-annexation agreement for the Retained Property between the City of Apache Junction and the Arizona State Land Department be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 15. 21-166 Consideration of application for a series 006 (bar) liquor license application for Taradiddles located at 285 N. Apache Trail. The next step in the process is for council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Biggs moved,seconded by Councilmember Nesser that the application for an interim permit and new series 6 Bar liquor license for Taradiddles, located at 285 N.Apache Trail, submitted by Philip and Helen Oppenheimer,be recommended for approval pending compliance with all city regulations to the Arizona Department of Liquor Licenses and Control. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Clerk Jennifer Pena shared that a series 006 bar liquor license is being applied for by Taradiddles. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes June 15,2021 Mayor Wilson opened the public hearing. Mayor Wilson closed the public hearing and asked for a motion. 16. 21-36 Presentation, discussion, public hearing and consideration of Ordinance No. 1505, a proposed planned development major amendment requested by Sridhar Krishnan of AUM Investments, of the 1 acre property located at 512 N. Valley Drive currently zoned RM-1/PD (High Density Multiple-Family Residential by Planned Development)to allow the addition of 7 units for a total of 13 units on the property. Vice Mayor Wilson moved,seconded by Councilmember Nesser that Ordinance No. 1505 be read by title only and the reading of the entire ordinance be waived. City Clerk read Ordinance No. 1505 by title only. Councilmember Nesser moved,seconded by Councilmember Evans that Ordinance No. 1505,as read by the city clerk, be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Planning Intern Morgan Henn provided background on the proposed project for 512 N. Valley Drive which includes an addition of 7 units for a total of 13 units on the property. Onsite improvements will include laundry facilities, additional storage, a playground area, landscaping and additional parking. Mayor Wilson opened the public hearing. Mayor Wilson closed the public hearing and asked for a motion. 17. 21-296 Presentation, discussion, public hearing and consideration of proposed projects to be submitted under Resolution No. 21-24, authorizing the submission of the city's Fiscal Year 2021 (TY21")Community Development Block Grant Regional Account("CDBG")and Fiscal Year 2021 State Special Project("SSP")applications. Councilmember Biggs moved,seconded by Councilmember Nesser that Resolution No.21-24 a resolution of the mayor and the city council of the City of Apache Junction,Arizona,authorizing staff to submit applications to the State of Arizona Department of Housing for Fiscal Year 2021 CDBG,and Fiscal Year 2021 SSP funds,and authorizing the mayor to sign the applications, contracts,grant documents and other related documents for receipt and use of CDBG funds be approved for the Grand View neighborhood infrastructure improvements. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Grants&Community Development Administrator Misty Moseley-Helber shared the objectives of the CDBG program and eligible types of projects. She presented current funding available and city projects that this grant money could be used for. Staff would like the funds to be used for infrastructure improvements to the Grand View neighborhood. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes June 15,2021 Mayor Wilson opened the public hearing. George Schroeder, 2444 W. Virginia Street, says he has videos and pictures of his street getting flooded. He has a petition with 40 signatures of residents wanting to sue the city. Mayor Wilson closed the public hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 18. 21-285 Presentation, discussion, and consideration of the Economic Development Agreement with the Greater Phoenix Economic Council (GPEC)for economic development services for the term of one year and in the amount of $26,283.00, and appointment of Councilmember Kelly Gremmel as the City of Apache Junction representative to the GPEC Board of Directors. GPEC staff will provide a brief presentation and be available to answer any questions. Councilmember Biggs moved,seconded by Vice Mayor Rizzi that the Economic Development Agreement with the Greater Phoenix Economic Council for economic development services for the term of one year in the amount of$26,283.00 and appointment of Councilmember Gremmel as the city's representative on the GPEC board of directors be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Economic Development Director Janine Solley presented the 2021-2022 economic development agreement for renewal with Greater Phoenix Economic Council (GPEC)and provided background information on GPEC. Chris Camacho, President of GPEC, provided a brief overview of GPEC and Apache Junction's 5-year trend on revenue return which is 13:1. Councilmember Schroeder asked how many years the city has been a part of GPEC. Ms. Solley responded since 2008 and explained how the city benefits from being a member of GPEC. Councilmember Gremmel is excited about GPEC and now more then ever it is important to stay with GPEC so that Apache Junction is getting marketed and well represented. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 19. 21-293 Executive Session at 6:00 P.M. for Tuesday, July 6th 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 Tuesday,July 5,2021 be held in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction,AZ,and other meetings be scheduled if necessary. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes June 15.2V21 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Coumci|nmmberEvano. Coumci|mombar 8chmodor, Counoi|memborBiggn. Counoi|momborNeoner and Counci|momber Grommo| No: O M. CALL TO PUBLIC George Schroeder, 2444VV. Virginia Street,wants to know who is deciding that the Grand View neighborhood is more deserving then his neighborhood. His streets are going to be fixed whether the uih/likes it or not. The oounci|membena are going to be fired. He is going to push for the attorney general to come to Apache Junction to see what ie going on. Jeff BadeU, 108 N. Meridian Drive, thinks council needs bndiscuss public transportation at future work session. Public health care also needs to be considered by the city. The city code needs tobareviewed. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF . 2021. BY THE MAYOR AND CITY COUNCIL OF THE CITY OFAPACHE JUNCTION, AN|ZONA. SIGNED AND ATTESTED TO THIS DAY OF . 2021. CH|pVV|LS{}N Mayor ATTEST: JENN|FERPENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of . 2021. | further certify that the meeting was duly called and held and that e quorum was present. Dated this day of . 2021. JENN|FERPENA City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-288 Sponsor: Pamela Harrison Agenda Date:7/6/2021 Index: In Control: City Council Meeting Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2020-2021 fiscal year. A.R.S. 9-418 requires the Library Board to make an annual report to the governing body of the city on or before the first Monday of July of each year. The report is to be adopted by the Library Board at a special meeting June 24, 2021. City of Apache Junction,Arizona Page 1 Printed on 1212012021 rf LIBRARY BOARD OF TRUSTEES ANNUAL REPORT (((C ` 4 , Apache Junction Public Library p v aft, f,oqg , r t � � r DIRECTOR'S 1 MESSAGE "Humans are social beings, and we are happier, and better,when connected to others." Paul Bloom, Professor of Psychology and Cognitive Science, Yale University The past year was challenging for everyone. At the library, all of our daily processes, from circulating materials to conducting programs, were analyzed through a COVID-19 lens. Masks, social distancing, cleaning, and plexiglass dividers became our new normal and made it difficult to provide personable ax customer service. But in the end, we found innovative ways to serve our community and stay connected. While other libraries were offering"pop-in pickup" and curbside services (and many still are), our doors have been open since June 2020. We haven't taken the pandemic lightly, however. Patrons were encouraged their visits short seating was g p g l +� limited, computer sessions were reduced to one hour per day, and programs for all ages were uar,; :.offered virtually. In October 2020 we began offering small, in-person programs, and through a gradual, phased approach, while still adhering to CDC guidelines, we have safely transitioned to { near normal" library business. We take great pride in having kept our community digitally and physically connected during this difficult time. al p Y Y g k y Now a year later, we are focused on strengthening our community connections by increasing our in- person outreach activities and services. One of these activities will be the StoryWalk at Prospector t` Park. In partnership with Parks and Recreation and with grant funds from the Arizona State Library, } �t this interactive reading experience will encourage families to enjoy a story while walking in a popular a rs city park. We are excited to welcome our patrons back to the library and to venture outside the building to build Y new relationships. We are so grateful for a new ;i r s Jtt 4 lit s toss i 5 :year and the many ways we will be connecting our i {, community. f t CARES GRANTS Coronavirus Aid, Relief, and Economic Security Act Virtual g g Hotspot A new 4k camera, microphone, filmmaking kit Mobile hotspots offer free Wi-Fi access on the go. i and accessories provide virtual programming to all ages They circulate to the public and are used on the via pre-recorded and "live" events on social media. Mobile Library, r r t h l�pv h e } y �ft 1 s $ or r Iy d 'R ff 4 tr } =r f t r`Sri. f V i r 1 ;Y VtS4 t..s.l i_aiSi�.. it Access Points The Mobile Library offers free Wi-Fi throughout the Access points provide Wi-Fi throughout the library community in addition to providing basic library services. including the drive-up window and library parking lots. Supported by the Arizona State Library,Archives&Pub Iie Records,a division of the Secretary of State, with federal CARES Act funds from the Institute of Museum and Library Services. FINE FREE The library became fine free in August 77 2020 for all library materials. { j€ _ r �RESERVABLE STUDY ROOM t ,r We opened a private study room for patron reservations in April 2021. 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N UP � l.� �; ro ' t New registrations r t CITY OF APACHE JUNCTION PUBLIC LIBRARY Fiscal Year: 2020-2021 STATEMENT OF PROPERTY Location: 1177 North Idaho Road Apache Junction,AZ 85119 The building resides on the Apache Junction Municipal Government 20-acre complex Legal Description: W 1/2 SW 1/4 of Section 16 Township 1 North Range 8 East Gila and Salt River Base and Meridian,Pinal County, Arizona. Money: Received,where derived,how used and expended. Seethe attached financial statement. CITY OF APACHE JUNCTIONt LIBRARY FINANCIALT Fiscal Year 2020-2021 RECEIPTS(As of June 10,2021) GENERAL FUND Library Fines 681 Charge for Services 10,83 TOTAL GENERAL FUND $ 11,574 DEVELOPMENT FEE FUND 179,153 LIBRARY FUND 28,955 GRANTS-IN-TRUST" 32,730 TOTAL RECEIPTS 522,412.04 EXPENDITURES(As of June 10,2021) GENERAL FUND Personnel Costs $ 1,229,061 Commodities 226,798 Capital Equipment Outlay TOTAL GENERAL FUND $ 1,455, 60 DEVELOPMENT FEE FUND - LIBRARY FUND 29,841 GRANTS-IN-TRUST 356,345 DEBT SERVICE 1,50 TOTAL EXPENDITURES $ 1,843,545 I, Pare Krause,Secretary of the Library Board of Trustees,do hereby verify that the above financial statement for the Apache Junction Public Library represents a true and accurate record of all receipts and disbursements for the fiscal year 2020-2021 as of June 10, 2021. Signature Subscribed and sworn to before me this day of � 2021. Notary Puli County lVly Cor4'irriiSSlor1 Expires.;: 1 JiLLIAN BRIGHT Notary Public-Pinal County Commission No.597324 My Commission Expires 1 January 27,2025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-323 Sponsor: Shane Kiesow Agenda Date:7/6/2021 Index: In Control: City Council Meeting Consideration on an award of contract to Viasun Corporation for asphalt crushing and screening. The work would be through the City of Scottsdale Cooperative Contract No. 20RP016 in a total amount not to exceed $308,096.00 and this service contract is a partial fulfillment of the Fiscal Year's Capital Improvement and Street Maintenance Plan. City of Apache Junction,Arizona Page 1 Printed on 1212012021 Public Works Department Home of the Superstition Mountains Date: June 5, 2018 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project#: HFS21-15 Award City staff respectfully requests city council consideration of award of contract to Viasun Corporation for project HFS21-15 for the service of crushing asphalt concrete and screening. This work is included in the FY 2022 Street Capital Improvement & Maintenance Plan to produce aggregate used for street maintenance and pavement preservation projects. The work would take place in the Public Works yard late this summer into fall. Work would be up to a not to exceed amount of $308,096.00 equating to approximately 20,000 tons of asphalt being crushed and sized. The asphalt to be crushed is asphalt recovered from roads recently reconstructed or re-paved within the city. Public Works customarily recycles and crushes its reclaimed asphalt every four to six years. Crushed asphalt has been used primarily in the maintenance of our rural roads' dirt shoulders, dirt roads, alleys, and also more recently as aggregate in some slurry seals and chip seals. 575 E. 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U � .>f,s#„ ..{t{ #. t. tr r.. .) F .F.. S F�. rs., ,rr� s9 � ,} ,, .£»it s,t. ,: �l� 2, ,1 E ., t ...r.. £ P� �� e F. � S > Y�a �3 .F. ..t ,� t� .:, Si t.,» .-, , �,�. .), t F s .r{t. .� t�F4.r .F. r {.t !r(. t}� f r ..� .t.s t .,...t..p,�t Ei ��. �#r r s� F ti.�r ! r.:.Sr F.t. rf t� Ft"24:cr.4{.. r �..F t t.: f �„s¢ .,„,. .:{F..<. R��£� � � (Fist its r .}i1 r i st �rr� t.s. t4r t !.t {t £r Sra. t£�3 # 4.,�t� �t,t,.k :»a, - � £`�,;'::.�£{fti,Fi} 1!}�t}F 47 �f }:, it4{ r t:Y tt F { t}ttc.Y 4 1££ 1 Ek Ft # t,r �ctf£t F # j�, 4 47}r.i{>.� ..,,,:, ��. �, �. F { } { ,.} £{ t S CF 4£ r ) !4 t} } 4 } t.!}0,t,t "»4 fY7{' V I t4 �£����� �G�! tf , £, � I �]� ; £ yy R I, �I� iii � i �4y. ��� Y h P >. I iw �, � tF � E �;, ,. .f t r, �. ,, ,F, ; � t »5y} If \ l F 1"i � z d�rr`'t���lt„' ." r £r£ y � r�, £��: ..,x t sxad rj ,,,7„ ¢ , st t�, 1}� � i R {;, '� ;,- �} ��h t '' j(', ,�. �r.� � � � � ® ��� � � � � f � � � �` t'ti v�r t,��P$�v�d�%� , �« t c ��, xi �� 't '� �� ��� �, � Y � � � � � r, $7 �����t,,., r�tt� "�� u�' � � � �.. , » �.�, City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-338 Sponsor:Jamie Sullivan Agenda Date:7/6/2021 Index: In Control: City Council Meeting Presentation of proclamation recognizing July 2021 as Parks and Recreation Month. City of Apache Junction,Arizona Page 1 Printed on 1212012021 r Vroclam tion DESIGNATION OF JULY AS PARKS & RECREATION MONTH July 2021 WHEREAS our parks, trails and recreation programs are vitally important to establishing and maintaining the quality of life in our city, ensuring the health of all citizens, and creating stronger, more vibrant and resilient communities and WHEREAS parks, trails and recreation programs increase a community's economic prosperity, increase tourism, aid in the attraction and retention of businesses, and helps reduce crime; and WHEREAS parks, trails and recreation programs are fundamental to the environmental and social well-being of our community; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS Apache Junction recognizes the benefits derived from parks, trails and recreation NOW, THEREFORE, I, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim July 2021 as PARKS AND RECREATION MONTH in the City of Apache Junction, Arizona. Signed and attested to this day of , 2021. WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-332 Sponsor: Chip Wilson Agenda Date:7/6/2021 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1212012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-329 Sponsor: Bryant Powell Agenda Date:7/6/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1212012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-330 Sponsor:Al Bravo Agenda Date:7/6/2021 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 1212012021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-322 Sponsor: Shane Kiesow Agenda Date:7/6/2021 Index: In Control: City Council Meeting Presentation and discussion on the Pubic Work's Fiscal Year 2021/2022 Capital Improvement and Street Maintenance Plan. City staff will present information regarding the status of the city's streets and upcoming Capital Improvement and Street Maintenance Projects for the new Fiscal Year. City of Apache Junction,Arizona Page 1 Printed on 1212012021 Public Works Department Home of the Superstition Mountains Date: June 2, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Public Works' Fiscal Year 2022 Capital Improvement & Street Maintenance Plan Public Works staff respectfully brings forth the Fiscal Year 2022 Capital Improvement & Street Maintenance Plan for presentation and discussion. The presentation's main focus will be on street maintenance and capital improvement projects planned for the new fiscal year starting July 1, 2021 through June 30, 2022. Presentation is for information purposes and the opportunity for councilmembers to ask questions. Many projects in the plan are to be done by contractors and will come back to city council per city's procurement rules for consideration of award. 575 E. 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Grad Seal New .rovements Reconstruction intersection f tIFER..'t Ri£1N Y'.•. FFEE4VA1 :�''��Yi1H PC6 ...... 4 � e I Htfl� 5; EN,�CtM E ETlU�e � � � � _ pp '� fiFe3EY NE 4 C i (1 x C r, . _ . "q3 .......... _ . ... .. ....... .w._ E�tiALYA1,4IP�#VEM33E ,. £ f �. �t ��� ` r�,' <x{ " •,, {i4 c si is t r t r � 4 r F s � t i,4 tst t� s t S r) � tt ittrr t tr f s s. � s r itk y tls ty�,It i} rty f( r}21r{JtE r712 ;tFt t4# }Ejr#�rtlrtf}t9� tE it t tic$ � (t} tt t}}Ft4 TOTS fy s �k c, at }p r.. q + 1., t t � s x S r City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-331 Sponsor: Agenda Date:7/6/2021 Index: In Control: City Council Meeting Consideration of appointment of Aaron Doug LaSota as presiding magistrate and consideration of associated employment agreement; swearing in of Aaron Doug LaSota as presiding magistrate; and opportunity for comments by mayor, council and Judge LaSota. City of Apache Junction,Arizona Pagel Printed on 1212012021 EMPLOYMENT AGREEMENT WITH PRESIDING MAGISTRATE THIS AGREEMENT is made and entered into this day of 2021 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "City") and AARON DOUGLAS LASOTA (hereinafter "LaSota" or "Employee"), sometimes collectively referred to as the "Parties" and individually as a "Party", each of whom understand as follows: RECITALS A. On April 16, 2021, James W. Hazel, Jr. resigned from his position he held for approximately twelve (12)years as the City's Presiding Magistrate. B. City conducted an open recruitment to fill the vacancy from March through April 2021. C. City interviewed numerous candidates and LaSota was the leading candidate and met the qualifications under Apache Junction City Code ("A.J.C.C."), Vol. 1, Chapter 5: Municipal Court, Article 5-1: Municipal Court, § 5-1-4, Qualifications of City Magistrates. D. It is the desire of the City to: (1) hire LaSota as the Presiding Magistrate and provide inducement for him to remain in such employment; (2) make possible full work productivity by assuring his morale and peace of mind with respect to future security; (3) guard against any malfeasance or dishonesty; and (4) provide a just means for terminating employment at such time as the duties cannot be fully discharged. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties hereto agree as follows: SECTION 1. DUTIES City hereby agrees to employ Employee as the Presiding Magistrate to perform the functions and duties specified in the A.J.C.C., Volume 1, Chapter 5: Municipal Court, Article 5-1: Municipal Court, § 5-1-7, Powers and Duties of Presiding Magistrate, and as required by law of the State of Arizona, including state statutes and/or rules and administrative orders of the Arizona Supreme Court, as well as the Apache Junction personnel rules and administrative policies.. SECTION 2. TERM/EMPLOYMENT STATUS A. This Agreement shall be effective from July 12, 2021 through July 12, 2023 (the "Term"), during which time Employee may only be removed for cause, but Employee shall be full-time, Fair Labor Standards Act ("FLSA") exempt and non-merit during such Term. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of'City to terminate the services of Employee as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from employment of City, subject only to the provisions set forth in Section 3 of this Agreement. D. Employee agrees to remain in the exclusive employ of the City during the Term and neither accept nor become employed by any other employer or private client until contract termination, except that Employee may engage in part-time teaching at a college or university level. Employee may also continue to work as a horse show judge and as Director of Rules for the International Buckskin Horse Association (an unpaid volunteer position which is mostly performed after hours or on weekends from home). SECTION 3. TERMINATION A. In the event Employee voluntarily resigns his position before expiration of the aforesaid Term, Employee shall provide City ninety (90) calendar days advance written notice, or such advance notice as may otherwise be mutually agreed upon by the Parties. In the event Employee is terminated by council action or should City choose not to renew Employee's contract upon said contract's expiration, City will pay as partial contractual compensation severance pay to Employee in an amount equal to three,(3),months salary. B. City may terminate this Agreement in any of the following situations as per A.J.C.C., Vol. 1, § 5-1-& 1. If Employee pleads guilty or no contest, or is found guilty, of a crime punishable as a felony under any -laws of this state, another state, or a federal law, or of any other crime that involves moral turpitude under the laws of this state; or 2. If Employee has a disability that prevents him from performing the essential functions of the position; or 3. If Employee engages in actions constituting willful misconduct in office, willful and persistent failure to perform his duties, or conduct t prejudicial to the administration of justice that brings the judiciary into disrepute; or 4. If Employee is subjected to disciplinary action by the Arizona Supreme Court or State Bar of Arizona. 2 SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION A. City agrees to pay Employee for his services rendered pursuant hereto at an annual salary of One Hundred Twenty-Five Thousand Dollars and No Cents ($125,000.00). Payment of said salary shall be made at the same time and manner as other employees are paid and shall be paid out of the City's general fund. Employee agrees not to seek a salary change or other changes to this Agreement during the Term. B. Employee shall be evaluated annually,to be completed no later than June 1 st of each year this Agreement is in effect. The evaluations shall be conducted in accordance with the performance standards as determined by City for said purposes, considering among other items standard for trial judges as established by the Commission on Judicial Performance Review of the Arizona Supreme Court. Nothing in this provision is to be construed as creating either a promise or expectation of reappointment or contract renewal, and it is understood by Employee that any reappointment or renewal would be a matter left to the unconditional discretion of the City through the council. SECTION 5. HOURS OF WORK: VACATION: SICK LEAVE,*-ASSOCIATE AND PRO-TEM JUDGES A. Hours Monday - Friday. Employee shall not work less than an average of forty (40) hours per week except when a court holiday occurs. in the event Employee is required to work more than forty (40) hours in a week, Employee shall not be compensated for any additional time. B. Weekend Hours. Employee will provide magistrate services every Friday and every weekend and may provide such services through telephonic or online means for initial appearances, warrants and other critical or emergency public safety needs. Employee may take days off and utilize pro- tern magistrates and/or associate magistrates for up to fifteen (15)weekends (Friday-Sunday) per contract year, for up to thirty (30) weekends (Friday- Sunday) during the two-year term of this contract. City shall provide laptop computer or other technology for work away from court, especially to handle initial appearances and/or warrants and/or other work performed away from the court. Employee anticipates that such computer may be required to be leased from AOC (Supreme Court Administrative Office of the Courts) since court duties are performed and confidential information may be on such computer over time. If so, such expense shall be added to the court budget. C. Holidays. Employee shall be entitled to such City holidays or State holidays for which city employees and/or professional employees who work for the City receive the day off which shall include all declared Holidays by the City. if Employee works on a Holiday, Employee may receive an additional day off to compensate for working on the Holiday. 3 D. Vacation. Employee shall on an annual basis accrue One Hundred Fifty (150) vacation hours (Three Hundred Hours (300) total for the two year contract) which shall be credited at the start of each contract year (July 12) each year this Agreement is in effect. Employee shall be allowed to accrue vacation leave beyond the limits of the personnel rules and unused vacation days shall not expire, except that any such accrual shall be paid out to Employee every July 12t' this Agreement is in effect. Employee shall also receive one (1) day of Birthday leave per contract year and such leave shall be taken as all other employees are allowed the same privilege. E. Sick Leave. Employee shall on an annual basis accrue sick leave each year this Agreement is in effect as allowed based on tenure with the City pursuant to Apache Junction Personnel Rules, Rule 8, §3(A). F. Hours of Work. It is recognized that Employee must devote a large amount of time outside traditional business hours to the business of the City. Employee shall be permitted to adjust his work schedule as he deems appropriate and consistent with the FLSA, so long as he is available and the judicial administration of the City is not harmed. G. Pro-tern and Associate Judges. Pursuant to A.J.C.C., Vol. I, § 5-1-6(A), and A.J.C.C., Vol. I, § 5-162, Employee may request an associate magistrate or pro-tern judge(s) be hired subject to appointment by the council at a duly scheduled public meeting. SECTION 6. PROFESSIONAL DEVELOPMENT A. City hereby agrees to budget and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the State Supreme Court required or recommended professional development of Employee. B. City also agrees to budget and to pay for travel and subsistence expenses of Employee for short courses, institutes and seminars which are necessary for professional development and for the good of City, subject to the mayor's determination as to what is necessary. C. City agrees to pay professional dues and association dues, which are necessary for participation in national, regional, state and local professional associations, or are reasonably related for the maintenance of professional credentials, or for reasonable professional development, subject to the mayor's determination as to what is necessary. SECTION 7. OTHER TERMS AND CONDITIONS A. City shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with 4 the provisions of this Agreement, the Apache Junction City Code, Arizona Revised Statutes, or any other statute, ordinance or regulation. B. All action taken by City relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include vacation and sick leave, holidays, medical/vision/dental/life insurance, equivalent percentage as a step adjustment or equivalent percent increase as a base wage adjustment or cost of living or other general citywide increases adopted by the City or city manager however coded in the City's payroll system under the same terms and conditions as are available to all non-sworn City employees, except however in the case of medical/RX/dental/vision insurance, City shall pay all Employee and family premiums at no cost to Employee for Employee, spousal and dependent child coverage for Medical/RX PPO Buy-Up Plan, Dental Buy-Up plan, and Vision Buy-Up plan or as otherwise directed by Employee at time Employee initially selects such benefits or at time of any open enrollment. C. City agrees to pay Employee a mobile phone stipend in the amount of Eight Hundred and Forty Dollars and No Cents ($840.00) annually. D. City shall provide on behalf of Employee a family membership to the multi- Generation Center of Apache Junction. E. During each fiscal year this Agreement is in effect, City shall contribute on behalf of Employee Six Thousand Dollars and No Cents ($6,000.00) into the ICMA 401(a) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. F. Employee's address at the end of this agreement shall be redacted whenever published in order to avoid having individualsigroups/entities of any type (other than HR or necessary City employees, department heads, -mayor and council)from having a Magistrate's private residence address. SECTION 8. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. SECTION 9. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any torts, professional liability claims or demands or any other legal action, or judicial complaints, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle or litigate any such claims or 5 suits and pay the amount of all settlements or judgments rendered against Employee and/or City. SECTION 10. ATTORNEY FEES In the event it becomes necessary for either Party to bring legal action to enforce any provision of this Agreement, the Parties agree that the prevailing Party shall be entitled to attorney fees. SECTION 11. ENTIRE AGREEMENT This Agreement contains the entire agreement between the Parties. No other promises, representations, warranties, or covenants have been relied on by either Party in executing this Agreement. SECTION 12. SEVERABILITY City and Employee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the 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 City and Employee as if such severance and reformation were not required. Unless prohibited by applicable laws, the City and Employee further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. SECTION 13. ASSIGNMENT This Agreement is not assignable by either City or Employee. SECTION 14. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: 6 Mayor Walter" r City of Apache Junction 300 East Superstition Apache Junction,AZ 85119 Employee: Aaron IN WITNESS WHEREOF, City and Employee have caused thisr tt executedbe r first above written._ x Aaron Douglas LaSota CITY OF APACHE JUNCTION, n Arizona municipalr ors m It "Chip"Wilson Jennifer Pena City Clerk Richard J. Stern City APPROVED AS TO FORM: 7 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-328 Sponsor:Jennifer Pena Agenda Date:7/6/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, July 19th and Executive Session at 6:00 P.M. for Tuesday, July 20th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 1212012021