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Home My WebLink About2022 02.15 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, February 15,2022 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. 22-034 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 22-035 Consideration of approval of minutes of the special meeting of January 31, 2022 and the regular meeting of February 1, 2022. Sponsors: Jennifer Pena Attachments: S ecial Meetin Minutes Minutes 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. 3. 22-083 Presentation of awards presented to Officer Brian Brugman, Detective Frank Nicholls, Detective Jesse Frantz, and Detective Joshua Hooper with the City of Apache Junction Police Department for actions during a police incident on March 16, 2021. Sponsors: Michael Pooley City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City Council Meeting Agenda February 15,2022 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. 4. 22-086 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. 5. 22-087 City Manager's Report. Sponsors: Matt Busby 6. 22-082 Discussion, appreciation, and commendation for retiring Apache Junction Development Services Director, Larry Kirch. Sponsors: Matt Busby 7. 22-088 Announcement of current events. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 8. 22-041 Presentation, discussion, public hearing and consideration of an application for a class A bingo license for Kevin Osborne who resides at Sundowner RV Resort, 105 N. Delaware Drive, Apache Junction, Arizona. Mr. Osborne is requesting council's approval of the application so he and other residents can hold bingo games within the park for the benefit of its residents. City council recommendations will be forwarded to the Arizona Department of Revenue for their final action. Sponsors: Jennifer Pena Attachments: Kevin Osborne-Class A REDACTED Buildings Response Fire Response Planning Response Police Response City of Apache Junction,Arizona Page 2 Printed on 2/8/2022 City Council Meeting Agenda February 15,2022 9. 22-101 Presentation, discussion and public hearing on Ordinance No. 1522 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by adding to existing Chapter 3: Administration, Article 3-7: Procurement Procedure, new section 3-7-19, Job Order Contracting Construction Services; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors: Joel Stern Attachments: Staff Memo JOC Ordinance 1522 Chapter 3 Job Order Contracting 10. 2 -097 Cancellation of case PA-1-21, a request by Hassle Free House Buyers, LLC, for the approval of a private access way on the Silver Drive alignment immediately south of W. Roundup St. between N. Ironwood Drive and N. Gold Drive to facilitate the Lot Split Case P-21-33-LSM. Sponsors._ Nicholas Leftwich Attachments: PA-1-21 Cancellation Memo 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. 11. 22-072 Discussion on and consideration of approval of Resolution No. 22-03, an intergovernmental agreement with Pinal County for election services for the August primary election and, if necessary, the November general election. This proposed intergovernmental agreement with Pinal County is necessary in order to conduct the August 2022 city primary and November general elections. Through the intergovernmental agreement, we will obtain critical election and voter-related services to include sample and final ballots, ballot tabulation, precinct registers, early voting, and preparation and distribution of ballots. Sponsors: Jennifer Pena Attachments: Council Memo-Pinal Co. IGA for election services RESOLUTION NO. 22-03 IGA K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 3 Printed on 2/8/2022 City Council Meeting Agenda February 15,2022 12. 22-098 Discussion and possible direction to staff on scheduling a joint meeting with the Health and Human Services Commission including date, time, location, and agenda items to be discussed. Sponsors: Matt Busby L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 22-089 Executive Session at 6:00 P.M. for Monday, February 28th and Executive Session at 6:00 P.M. for Tuesday, March 1 st 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 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095, The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 21812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-084 Sponsor:Jennifer Pena Agenda Date:2/15/2022 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-085 Sponsor:Jennifer Pena Agenda Date:2/15/2022 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of January 31, 2022 and the regular meeting of February 1, 2022. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 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,January 31,2022 7:00 PM City Council Chambers CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 pm. ROLL CALL Vice Mayor Rizzi led the Pledge of Allegiance. Present 7- Mayor Wilson Vice Mayor Rizzi Councilmember Biggs Councilmember Evans Councilmember Gremmel Councilmember Nesser Councilmember Schroeder City Staff in Attendance: Bryant Powell,City Manager Matt Busby,Assistant City Manager Joel Stern,City Attorney Jennifer Pena,City Clerk Michael Pooley, Police Chief Al Bravo, Public Information Officer Anna McCray,Assistant to the City Manager Joseph Penze,Police Commander Jeff Kirkham. Police Commander Thomas Parker, Police Lieutenant CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Evans to accept consent agenda as presented. Yes 7- Mayor Wilson,Vice Mayor Rizzi,Council member Biggs,Council member Evans,Councilmember Gremmel,Council member Nesser and Councilmember Schroeder No 0 1. 22-015 As required by Apache Junction City Code,Volume 1, Chapter 3: Administration,Article 3-3: Department of Public Safety, §§3-3-1 (C), the city manager is seeking ratification of Michael Pooley for appointment to the City of Apache Junction,Arizona Pagel Special Meeting of the Apache Meeting Minutes January 31,2022 Junction City Council position of Chief of Police. AGENDA ITEMS 2. 2 -016 Introductions and swearing in of Michael Pooley as Chief of Police; and opportunity for comments by mayor, council and Michael Pooley. Mayor Wilson and City Manager Powell welcomed Michael Pooley to the city. City Clerk Pena swore in Michael Pooley as the Chief of Police. Chief Pooley thanked the city council and city management for their support and said he is looking forward to serving as the chief of police in Apache Junction. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:21 p.m. ACCEPTED THIS DAY OF 12022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12022. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12022. JENNIFER PENA City of Apache Junction,Arizona Page 2 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, February 1,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:04 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Evans led 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 Michael Pooley, Police Chief Al Bravo, Public Information Officer D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Evans that the consent agenda be accepted as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 22-053 Consideration of acceptance of agenda. 2. 22-054 Consideration of approval of minutes of the regular meeting of January 18, 2022. 3. 22- 45 Consideration of approval of an award of contract to Viasun Corporation for City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes February 1,2022 the slurry seal preservation of city streets within the Arroyo Verde Subdivision, including portions of San Marcos Drive and 16th Avenue. The work is scheduled to begin in mid-March and continue through April, 2022 via the Pinal County Cooperative Contract No.175923 in the amount of$430,502.26, plus a 10% contingency for unforeseen change orders in the amount of$43,050.22; for a total project cost not to exceed $473,552.48. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. 4. 22-052 Consideration of award of contract to Southwest Slurry Seal for the slurry seal preservation of city streets within the Ironwood Estates I, Renaissance, Arizona Grande and Cimmarron Superstition subdivisions. The work is scheduled to begin in mid-February and continue through March, 2022 via the Pinal County Cooperative Contract No. 175923 in the amount of$368,778.42, plus a 10% contingency for unforeseen change orders in the amount of $36,877.84; for a total project cost not to exceed $405,656.26. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 5. 22-055 Brief summary of intergovernmental updates from mayor and councilmembers. Coucilmember Schroeder announced that the counties in Arizona are still waiting for a court ruling regarding the$70 million that were collected from the state-wide tax that was implemented and still being held in escrow. He also said CAG Resolution No. 2022-2, the expansion and capacity of the Superstition Mountain Community Facilities District No. 1,was approved. Councilmember Gremmel announced that the Greater Phoenix Economic Council (GPEC) held their first board of directors meetingon January 20, 2022. She said the mission of GPEC is to attract and grow quality businesses and advocate for the competitiveness of the greater Phoenix area. She added GPEC is approaching 30 years of service. She said the greater Phoenix area is moving away from the five 'C's (cotton, climate, copper, citrus, and cattle)to now becoming a hub of technology and cyber security, autonomous automobiles and a corporate nerve center. She said GPEC is becoming even move important with the growth of the city. Mayor Wilson shared that the Casa Grande Dispatch newpaper had a front page article and pictures about the Apache Junction Founding Days centennial celebration. G. CITY MANAGER'S REPORT 6. 22-056 City Manager's Report. City Manager Bryant Powell shared that Chief Michael Pooley was sworn in as the chief of police the previous evening. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes February 1,2022 7. 22-024 Desert Vista Elementary&Avalon Elementary honor students and student council introductions. Councilmember Gremmel welcomed and introduced the student council and honor students from Desert Vista and Avalon elementary schools. 8. 22-046 Presentation and discussion with Superstition Horsemen's Association Board Chairman Darryl Cross regarding community equestrian road safety. This is follow up discussion from the September of 2021. Superstition Horsemen's Association (SHA) Board Chairman Darryl Cross gave a presentation on the Safe Ride Campaign. Vice Mayor Rizzi asked if there was a way to donate to the safe ride project. Mr. Cross said those interested can donate on the SHA website (https://sha4u.org)through Paypal. They will also have a booth at Lost Dutchman Days. Vice Mayor Rizzi asked if the information can be shared on the city's website or marquee. City Manager Powell said that can be done. Councilmember Evans thanked Mr. Cross for the information and said the information applies to bicyclists as well. Councilmember Tesser asked if SHA contacted the Motor Vehicle Department to include this information for new drivers. Mr. Cross said they haven't and said it was a great idea. Councilmember Biggs said this would be good information for school districts to include the drivers training for students. Chouncilmember Nesser reminded drivers that pedestrians, bicyclists and horse riders have the right of way. 9. 22-07 Announcement of current events. Public Information Officer Al Bravo announced the winners of the Kids Idol Contest were: K-6 Winner-Sierenity Wiles 7-12 Winner-Sofia Barlow Fan Favorite-Avalon Choir"Vocal Range" Braden/Jeff's Winner-Connor"Spike" Miller Mr. Bravo also announced that February in Apache Junction means Lost Dutchman Days. Lost Dutchman Days runs February 25th through the 27th. There is a parade and rodeo during the weekend as well.The Lost Dutchman Marathon is Sunday, February 20, 2022. He also said Horizon Health and Wellness is offering vaccines. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 10. 22-070 Presentation and discussion on the history and purpose of Apache Junction city code provisions set forth under Vol. I, Article 2-11, Health and Human City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes February 1,2022 Services Commission, as well as Article 2-14, Requests for Financial Assistance [from non-profit organizations], and the follow-up to councilmember remarks from the June 4th, 2021 retreat which was held at the Central Arizona College. Discussion on next steps in preparation for possible City Council Direction to Staff. City Clerk Pena presented the health and human services funding process that was revised in 2020. The city council and staff discussed the ability and need of a community needs assessment and how that can help direct funds where they are needed, and organizations receiving funds whether year after year should continue receiving funds. They also discussed that ASU previously conducted a study about homelessness in the community and the biggest obstacle is funding. They also discussed the possible overlapping of services and how some recipients may go from organization to organization to receive the same type of service. They also discussed the public's mindset of homelessness is shifting and communities are using current resources in their communities to address the issue. They discussed using a portion of the funds to have a community needs assessment completed. There will be an item on the February 15th, 2022 city council agenda so council can direct staff to proceed with the organization of a joint meeting between city council and the health and human services commission.. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 22-058 Executive Session at 6:00 P.M. for Monday, February 14th and Executive Session at 6:00 P.M. for Tuesday, February 15th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved,seconded by Councilmember Biggs that an executive session at 6:00 p.m.for Monday, February 14th,and Tuesday, February 15 at 6:00 P.M.,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: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia St., Apache Junction expressed his concerns over interference in code compliance cases and how he wants to clean up the city. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:09 p.m. ACCEPTED THIS DAY OF 12022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes February 1,2022 SIGNED AND ATTESTED TO THIS DAY OF 2022. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2022. JENNIFER PENA City of Apache Junction,Arizona Page 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 22-083 Sponsor: Michael Pooley Agenda Date:2/15/2022 Index: In Control: City Council Meeting Presentation of awards presented to Officer Brian Brugman, Detective Frank Nicholls, Detective Jesse Frantz, and Detective Joshua Hooper with the City of Apache Junction Police Department for actions during a police incident on March 16, 2021. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-086 Sponsor: Chip Wilson Agenda Date:2/15/2022 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 22-087 Sponsor: Matt Busby Agenda Date:2/15/2022 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-082 Sponsor: Matt Busby Agenda Date:2/15/2022 Index: In Control: City Council Meeting Discussion, appreciation, and commendation for retiring Apache Junction Development Services Director, Larry Kirch. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 22-088 Sponsor:Al Bravo Agenda Date:2/15/2022 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-041 Sponsor:Jennifer Pena Agenda Date:2/15/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of an application for a class A bingo license for Kevin Osborne who resides at Sundowner RV Resort, 105 N. Delaware Drive, Apache Junction, Arizona. Mr. Osborne is requesting council's approval of the application so he and other residents can hold bingo games within the park for the benefit of its residents. City council recommendations will be forwarded to the Arizona Department of Revenue for their final action. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 ;W 002ETW Z&TT Nur ------32U-Ja-r1L'QEJ-10 ME Application for Ingo Lice se " M, 0 a Type or print in black Ink and complete all Information requested on this form. If you do not, your application will be returned. All rTJ = information Is subject to verification. If you need more space,attach additional sheets. Lo e All bingo licenses expire one year from the date of Issue. To continue conducting live bingo games,you must renew your license CO M prior to the expiration date pursuant to A.R.S.§§5-403(C)and 5-410. 1 Applicant's Name F Kevin Osborne alsification of infor o matin Ta Mailing Address contained In this application 105 N Delaware Dr#9 constitutes a Class 6 felony. city State ZIP Code R ENUE USE ONLY.DO NOT(NARK IN THIS AREA. Apache Junction AZ 85120 ff 3a Administrative Office Location 105 N Delaware Dr#9 city State ZIP Code Apache Junction AZ 85120 4a Name of Contact Person 4b Telephone No. Kevin Osborne (480)798-6949 Tc E-mall Address 4c Fax No. 81 PM 80 RCVD ghostrider91519590gimail.com r 5 Class B and Class C license applicants only: If applying as a qualified organization, check one box to indicate the type of organization: D Charitable D Social Religious Veterans El Fraternal [I Volunteer Fire Department Homeowners Association Nonprofit Ambulance Service 6 Class B and Class C license applicants only applying as a qualified organization,provide parent or auxiliary information: Sa Parent Name 6b Auxiliary Name Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. City State ZIP Code city State ZIP Code 7 Class B and Class C license applicants only applying as a qualified organization, list the current DING= or Iftud of 7aName 7bName Title Title Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. City State ZIP Code city State ZIP Code 7cName 7dName Title Title Address—Number and Street,Rural RL,Apt,No. Address—Number and Street,Rural Rt.,Apt.No. City State ZIP Code city State ZIP Code 8 Class B and Class C license applicants only: Bingo Rhjgking account information: Checking Account Number Bank Name bank Branch Continued on page 2 4 ADOR`10334(2/20) :11 HH ZZ,T T NUf 3DIJAO S,)MIOUL Applicants ame(as shown on page 1) evin Osborne APPLICATION FOR BINGO LICENSE 9 Class B and Class C license a licants onl1 Bin o i account information: Account Number Bank Name Bank Branch 10 Class B and Class C license applicants only: List all officers and/or supervisors authorized to sign checks from the accounts listed above. If applying as a qualified organization,all supervisors must be members of the applicant: 10a Name 10b Name Title Title 11 List the name(s)of the one or two persons who will serve as managers. If applying as a qualified organization, these persons must be members of the applicant. Each person must submit an affidavit. 11a Name 11b Name Kevin Osborne Title Title Manager 12 List the name of the one person designated as proceeds coordinator. If applying as a qualified organization,this person must be an officer or director&nd a member of the applicant. Each person must submit an affidavit. EricTide ice Proceeds Coordinator 13 List the name(s) of the person(s) who will serve as supervisor. If applying as a qualified organization, each person must be a member of the applicant. Each person must submit an affidavit. If additional names are required,please attach affidavits. 13a Name 13b Name Rebecca Ann Price Title Title Supervisor 14 List the name(s) of the person(s) who will serve as assistants. If applying as a qualified organization, each person must be a member or new member of the applicant. Except for"Class A"licensees,each person must submit an affidavit. 14a Name 14b Name 14c Name 14d Name 15 Street address of the PHYSICAL location where live bingo will be played: 105 N Delaware Dr,Apache Junction AZ 85120 16 Games of Bingo must not exceed 5 days a week. Indicate the time on each res ective day that live bingo will be played: SUN MON TUE WED THUR FI SAT a.m. Da.m. Oa.m. Oa.m. [38.7 a.m. Oa.m. 7:00 m Continued on page 3 4 ADOR 10334( 0) Arizona Form 33 Page 2 of 5 1?0: I T NU1' Applicant°s Name(as shown on page 1) 331JJO S01d3_10 ) Kevin Osborne APPLICATION FOR BINGOLICENSE 17 Indicate the type of premises where bingo will be played. Check one box, Neither rent nor mortgage will be paid from bingo funds. Rented or leased. Attach rental affidavit and copy of rental agreement. Landlord's Name Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code c C3 Owned solely by the organization. Attach g9jay of mortgage, deed of trust, purchase agreement, escrow agreement, or other related document Holder of Mortgage Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code Owned jointly with other organization. Attach g=of mortgage, deed of trust,purchase agreement, escrow agreement,or other related document. 1) Holder of Mortgage Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code 2) Co-Owner Holder. Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) G1 State ZIP Code 3) Co-Owner Holder: Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code 18 List bingo licensees who are or will be conducting bingo in the same premises as you and those licensees located within 1,000 feet of your premises: 18a Name 1 Name Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. City State ZIP Code City State ZIP Code Continued on page 4 ADOR 10334(2I20) Arizona Form 3 Page 3 of 5 ®T T HH UA pplicads Name(as shown on page 1) s 1 t TL vin OsborneAPPLICATIONI LICENSE 19 Expected bingo expenses: a Mortgage: $Q.00 per month Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code Rent: $,0.00 per 0 month 0 hour occasion Payable to Address—Number and Street,Rural Rt.,Apt,No. Telephone number(with area code) City State ZIP Code c Janitorial Services: 0.00 . per month 0 hour 0 occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code Accounting Services: ,0.00 per 0 month 0 hour 0 occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code e Security Services: $,Q.QO per C3 month 0 hour C3 occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code f Bingo Supplies: $ .00 per Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code 20 Who is your live bingo supplier? (For all bingo supplies). Do you foresee purchasing/renting machines as"technological aids for your live bingo games? r Continued on page 5 ------------ ADOR 10334(2/20) Arizona Form 833 Paps 4 of 5 _q : ' HO Applicant°s Name(as shown on page 1) S,Nd3lo All K vin r10 1 APPLICATION FOR BINGO LICENSE' I, Kevin Osbome ,under penalty of perjury and upon oath,declare that I am duly authorized to sign and file this application. I hereby swear or confirm that I have read the foregoing application and know the contents thereof and that all information provided has been fully,accurately,and truthfully completed to the best of my knowledge. _ / / na er APPLI ANTS SIGNATURE DATE E Please mail to; Arizona Department of Revenue 1600 W Monroe Street,Division Code 22 Phoenix,'AZ 85007 22(602)716-7801 REVENUE USE ONLY.DO NOT MARK IN THIS ARFJL Approved Disapproved C3 Class A License Class B License C3 Class C License Reviewer's Name(please print) Date License Number Effective Date Expiration Date ADOR 10334(2/20) Arizona Form 833 Page 5 of 5 -qO: n T NUf SANTIDA11 Affidavit il7 This affidavit must be completed by each person who wishes to assist In the conduct of any game of bingo. If any Information is blank or Incorrect,the affidavit will be returned to you. All Information is subject to verification. Disclosure of your Soda[Security Number(SSN)is voluntary. This information may be used to establish positive Identification for purposes of criminal background checks pursuant to A.R.S.§5r4 Licensee's Name License Number Kevin Osborne Position(check the appropriate boxes): Manager D Supervisor Q Proceed Coordinator Assistant ENUE USE ONLY.Do NOT MARK IN THIS AREA. 8 Afliant's Name Kevin Osborne Social Security Number Date of Birth Address 105 N Delawarer City State ZIP Code Apaghe PM 80 RCVD Home Phone No.(with area code) Work Phone No.(with area code) 40 798-6249 _ 11 E If licensee is a qualified organization, complete the following section: Member? Date Joined Organization Yes No Officers? Officer Title Yes No Do you have an affidavit on file for any other licensee? Yes No If"Yes", list license numbers : I, Kevin Osborne AFFIANT'S NAME , the above-named affiant,under penalty of perk , upon oath, depose d say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read d understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. W ,9kJhatur6 ofAffiant Please it Arizona aRevenue 1600 W Monroe Street,Division Code 22 Phoenix,AZ 85007 (60 )71 -701 ADOR 10327(2120) X S; w All ® M Affidavit This affidavit must be completed by each person who wishes to assist In the conduct of any game of bingo. If any information is blank or incorrect,the affidavit will be returned to you. All information is subject to verification. Disclosure of your Social Security Number(SS )is voluntary. This information may be used to establish positive Identification for purposes of criminal background checks pursuant to A.R.S.§5-404. Licensee's Name License Number Rebecca Ann Price Position(check the appropriate boxes): manager 0 supervisor Proceed Coordinator QAssistant R VENUE USE ONLY.DO NOT MARK 1N THIS AREA. 88 Affiant's Name Rpbecca Ann Price Social Security Number Date of Birth Address 105 N Delawa[gr City State ZIP Code Aorta ti n 1 81 PM 80 RCVD Home Phone No.(with area code) Work Phone No.(witharea code) 573 512-02 If licensee is a qualified organization, complete the following section: Member? Date Joined Organization Yes o Officers? Officer Title Yes Q No Do you have an affidavit on file for any other licensee? Yes 0 No If"Yes",list license numbers I, Rebecca Ann Price , the above-named affiant, under penalty of perjury, upon oath, depose AFFIANT'S NA and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of y misdemeanor involving moral turpitude or felony. I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. Signature of Merit Date Pleaseit Arizona nRevenue 1600 W Monroe #,Division Phoenix,AZ 85007 Ift( 0 )716-7801 OR 10327(2I20) i6 -13 Ali m� . 1 Affidavit Sin96 This affidavit must be completed by each person who wishes to assist In the conduct of any game of bingo. If any information is blank or Incorrect,the affidavit will be returned to you. All information is subject to verification. Disclosure of your Social Security Number(SSN)is voluntary. This information may be used to establish positive Identification for purposes of criminal background checks pursuant to A.R.S.§5-404. Licensee's Name License Number Eric Price Position(check the appropriate boxes): Mane er ❑Su ervisor N Proceed Coordinator QAssistant R VENUE USE ONLY.DO NOT MARK IN THIS AREA. 88 Affiant°s Name Eric Price Social Security Numhor Date of Birth Address 105 N Delaware Dr#28 City State ZIP Code Apaghg J!,lo!2ign M 5120 81 PM 80 RCVD Home Phone No.(with area code) Work Phone No.(with area code) 573512-0265 If licensee is a qualified organization, complete the following section: Member? Date Joined Organization Yes No Officers? Officer Title El Yes Q No Do you have an affidavit on file for any other licensee? Yes Q No If'Yes",list license numbers I, Eric Price the above-named a rant, under penalty of pedury,upon oath, depose and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of y misdemeanor involving moral turpitude or felony. I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. Signature of A ant Date Please mail to: Arizona Department of Revenue 1600 W Monroe Street,Division e 22 Phoenix,AZ 8500 22(602)716-7801 ADOR 10327(2I20) :T T WZZ, t AS, ® Endorsement by Local Governing Body Bingo FOR OFFICIAL USE ONLY PURSUANT TO A.R.S. §5-404. • LicenseApplicants: Complete lines 2, 3,and 4. Submit with entire license package to local governing body. • Local Governing Body: Complete and return with license package to the Department of Revenue Bingo Section. A.R.S.§§5-409 and 5-410 Date License Number New Application C3 Change of Location From(Name of local governing body) R ENUE USE ONLY.DO NOT MARK IN THIS AREA. Address(number and street,PO Box) 88 City State ZIP Code Phone No.(with area code) 81 PM 80 RCVD 1 This is to certify that on 1 1 a hearing was conducted pursuant to Arizona Revised Statute, Title 5, Chapter 4, in the matter of: Application for a bingo license by the following applicant. Application for a bingo license location transfer. Applicant's Name Kevin Osborne Location/Address where live bingo will be conducted: City State ZIP Code 105 N Delaware Dr 1ARache Junction 5120 Fill in the time on the days live bingo will be played: SUN T MON I TUE I WE D I THUR I FI SAT a.m. a.m. a.m. a.m. a.m. a.m, a.m. p.m. p.m. p.m. 7:00 p.m. 5 Who is your live bingo supplier? Recommendation for the application: Approved Disapproved 7 Specific reasons for disapproval are hereby listed pursuant to A.R.S. §5-404.1: This endorsement must be signed by a delegated authority of the local governing body. PRINTED NAME SIGNATURE DATE TITLE Please mail to: Arizona Department of Revenue 1600 W Monroe Street,Division Code 22 Phoenix,AZ 86007 Ift(602)716-7801 OR 10326( 0) ( treehouse D C 0 M M UNITIES SUNDOWNERI RV RESORT 105 N Delaware Dr,Apache Junction AZ 85120 1 (480)982-25211 sundowner@treehousecommunities.com January 11,2022 To Whom It May Concern: Kevin Osborne is allowed to conduct a bingo game at the Sunclowner RV rec hall, located at 105 N Delaware Drive in Apache Junction,Arizona.The game will be conducted every Wednesday at 7 p.m. until approximately 9 p.m. Thank you, Christy Wa burn Community Manager-Chaparral Ranch,Sunclowner RV,Sunhaven RV Resort email cwashburn@treehousecommunities.com phone 480.544.1394 1630 W Guadalupe Rd,Gilbert,AZ 85233 www.treehousecommunities.com JY CLERK'S OFFICE jAN 1,1 '22 Barbara Kelly From: AdhanA|egha Sent: Wednesday,January 26' 20225:53PK4 To: Barbara Kelly Cc: Jennifer Pena; Dana Martin;Thomas Parker;Tina Gerola; Rudy Esquivias; DaveZeUner; Richanj.mooney@shnd.az.gov Subject: RE:Application for Bingo License - Kevin Osborn, 105 N. Delaware Barbara, The current use of the facility is in line with this proposed use.The Building Division does not have any concerns regarding this license request. Thank you, Adrian A0egr~a Assistant Building and Safety Manager DeveiDpmentSenvices City of Apache Junction 3O0E. Superstition Blvd. Apache Junction, AS 85119 480-474-5494' Office Hours-Mmnday—Thurmday 7:00amn-6:00pmn/Closed on Fridays From: Barbara Kelly«bkd|y@apache]unctionaz.8uv> Sent:Wednesday,January 26, 2U22O:17AM To:Thomas Parker<tparker@apachejunctionaz.gov>;Tina Gerola<tina.gerola@sfmd.az.gov>; Richard.mouoney@sfmd.az.8ov; Rudy Esquivias<resquivias@opachejunctionaz.0ov>; Dave Ze||ner «dzeUner@apachejunctionaz.Quv>; Adrian Ab0ria «aa|e8ria@opache]unctiunaz.8ov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Dana Martin<dmartin@apachejunctionaz.gov> Subject: RE:Application for Bingo License- Kevin Osborn, 1U5N. Delaware Importance: High Hello—tomorrow is the deadline and | haven't heard back from any ofyou. Thought I'd send again in case there was an issue. Thank you, Barbara Kelly City Clerk's Office City of Apache Junction 480474.5061 From: Barbara Kelly Sent:Wednesday,January 1Z, 2022S:ZlPM To:Thomas Parker< >; 'Tina Gero|a' >; 'Richard.mooney@sfmd.az.8uv' < ; Rudy Esquivias ; DaveZeUner ;Adrian A|e0ria 1 Cc:Jennifer Pena <jenaapach0unctionaz. o rn v>; Dana Martin<dartinaacheiur7ctionaz.gov> Subject:Application for Bingo License- Kevin Osborn, 105 N. Delaware Good Afternoon— The city clerk's office received the attached application for a class A bingo license from Kevin Osborne. His application states they will be having the games Wednesday evenings in the Sundowner RV Resort rec center from 7:00 pm to 9:00 pm. Mr. Obsorn is a resident of the park and has received permission from the park to conduct the games. A letter from Sundowners RV Resort is attached. Please return your responses by Thursday,January 27,2022. Thank you, Barbara Kelly City Clerk's Office City of Apache Junction 480.474.5061 bkellya acheiunctionaz.gov z Barbara Kelly From: Tina Gero|a xtinageno|a@sfnd.azgov> Sent: Wednesday,January 26' 202211:30AK4 To: Barbara Kelly;Thomas Parker; Richard Mooney; Rudy Esquivias; Dave Zellner;Adrian A|egria Co: Jennifer Pena; Dana Martin Subject: RE: [External] Application for Bingo License Kevin Osborn, 105 N. Delaware The SFK4D recommends approval VfSVOd0VVBer'5 Bingo License application. Thank you. ItTina Gerola I Fire Inspector ~-o^~~^^~~ i~J Risk Reduction Specialist Superstition Fire&Medical District Office | (480) 982-4440 ext. IO4 Mobile � /400\ 416-9775 NEW MOBILE NUMBER ��fGrpR4rn,q f ��nnJm`�Th,,r+Jpvfrmrn7onn-6nr^ o ^ Connect with us! 0/0P-W a 0 Q From: Barbara Kelly<bke|k/@apachejunctionaz.Qov> Sent:Wednesday,January 26, 20228:17AK8 To:Thomas Parker<tparker@apachejunctionaz.gov>;Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney «richa rd.moo ney@sfmd.az.0ov>; Rudy Esquivias<resquivias@apachejunctionaz.0ov>; Dave Ze|iner «dze||ner@apachejunctiunaz.0ov>;Adrian A|e0ria«aa|e0ria@apache]unctionaz.0ov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Dana Martin<dmartin@apachejunctionaz.gov> Subject: RE:Application for Bingo License- Kevin Osborn, 1U5N. Delaware Importance: High CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello-tomorrow is the deadline and | haven't heard back from any ofyou. Thought I'd send again in case there was an issue. Thank you, Barbara Kelly City Clerk's Office City of Apache Junction 480.474.5061 1 From: Barbara Kelly Sent:Wednesday,January 12, 2022 5:21 PM To:Thomas Parker<Marlcer@apacheiunctionaz ;ov>; 'Tina Gerola' <tinayerola@sfmd.az. ov>; 'Richard.mooney@sfmd.az.gov'<Richard.moon y@sfmd.az. ov>; Rudy Esquivias<resquivias@apacheiunctionaz.gov>; Dave Zellner<dzellner@apachunctionaz. ov>;Adrian Alegria <aaleria@apacheL nctionaz, ov> Cc:Jennifer Pena Dana Martin< martinCaacheiunctlonazov> Subject:Application for Bingo License- Kevin Osborn, 105 N. Delaware Good Afternoon— The city clerk's office received the attached application for a class A bingo license from Kevin Osborne. His application states they will be having the games Wednesday evenings in the Sundowner RV Resort rec center from 7:00 pm to 9:00 pm. Mr. Obsorn is a resident of the park and has received permission from the park to conduct the games. A letter from Sundowners RV Resort is attached. Please return your responses by Thursday,January 27,2022. Thank you, Barbara Kelly City Clerk's Office City of Apache Junction 480.474.5061 bkelli@apache'unctionaz. ov 2 Barbara Kelly From: Rudy Esquivias Sent: Wednesday,January 26' 20223:59PK4 To: Barbara Kelly Cc: Thomas Parker;Tina Gerola; 'Richard Mooney'; Dave Zellner;Adrian Alegria; Larry Kirch; Ke|seySchattnik; Nicholas Leftwich; Max Frank; Erika Hernandez Subject: FVV:App|icationforBingoLicense - Kevin Osborn, 185N. Delaware Attachments: Kevin Osborne Class AREOA[TEO.pdf Barbara: The Planning Division does not object to the residents of Sundowner MH Park enjoying bingo activities in their clubhouse. VVe strongly recommend, however,that bingo be limited to residents only, because there is virtually no guest parking around or near the clubhouse; and on-street parking on Delaware is not permitted. VVe also note that no signage, including A-frame signs, is permitted on public sidewalks or anywhere within the Delaware or Apache Trail rights-of-way, Please convey this information tV the proposed licensees, Thanks. ��d��m �� ?u i vi a s PlanoniagManager/Zonizag Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz .gov (Development Services Department office hours: Monday through Thursday from 7 :00am to 6:00pm, closed Fridays and Holidays. ) From: Barbara Kelly Sent:Wednesday,January 12, 20225:21PM To:Thomas Parker<tporker@apachejunotionoz.8ov>;Tina Gero|a<tina.8ern|o@sfnnd.az.8ov>; Richard.moo ney@Dsfmd.az.8nv; Rudy Esquivias<resquivios@apaohejunctinnaz.gov>; Dave Ze||ner <dze||ner@opachejunctionaz.gov>; Adrian Ale8ria <aa|egria@apachejunotinnaz.gov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Dana Martin<dmartin@apachejunctionaz.gov> Subject:Application for Bingo License Kevin Osborn, 1OSN. Delaware Good Afternoon- The city clerk's office received the attached application fora class bingo license from Kevin Osborne. His application states they will be having the games Wednesday evenings in the Sunclowner RV Resort rec center from 7:0Upnnto9:UOpm. Mr. Obsornisa resident of the park and has received permission from the park to conduct the games.A letter from Sundovvners RV Resort is attached. Please return your responses by Thursday,January 27,2822. Thank you, Barbara Kelly City Clerk's Office 1 City of Apache Junction 480.474.5061 bkell aachelunctionaz, ov 2 Barbara Kelly From: Thomas Parker Sent: Wednesday,January 26, 2022 8:22 AM To: Barbara Kelly Subject: Re:Application for Bingo License - Kevin Osborn, 105 N. Delaware Sorry Barb, thought I did. Police Department has no objection to this request. Thomas E. Parker, MSSM Police Lieutenant Apache Junction Police Department Physical: 1001 N. Idaho Rd. Mailing: 300 E. Superstition Blvd. Apache Junction,AZ 85119 Phone Direct#480-474-5420 Fax#(480)474-5480 Main Phone#480-982-8260 Warker@apachejunctionaz.gov 9CONF0ENTIAUTY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential and privileged information. Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. On Jan 12, 2022, at 5:21 PM, Barbara Kelly<bkellygapache nctionaz. ov>wrote: Good Afternoon— The city clerk's office received the attached application for a class A bingo license from Kevin Osborne. His application states they will be having the games Wednesday evenings in the Sundowner RV Resort rec center from 7:00 pm to 9:00 pm. Mr. Obsorn is a resident of the park and has received permission from the park to conduct the games. A letter from Sundowners RV Resort is attached. Please return your responses by Thursday,January 27,2022. Thank you, Barbara Kelly City Clerk's Office City of Apache Junction 480.474.5061 bkeli a ache'unct.ionaz. ov <Kevin Osborne - Class A REDACTED.pdf> i 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-101 Sponsor:Joel Stern Agenda Date:2/15/2022 Index: In Control: City Council Meeting Presentation, discussion and public hearing on Ordinance No. 1522 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by adding to existing Chapter 3: Administration, Article 3-7: Procurement Procedure, new section 3-7-19, Job Order Contracting Construction Services; repealing any conflicting provisions; providing for severability; and providing for penalties. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: February 14, 2022 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: PROPOSED JOB ORDER CONTRACTING PROCUREMENT CODE SECTION; OUR FILE NO. 21-005 In December 2021, staff and developer counsel from D.R. Horton and Brookfield, Inc., recommended adding § 3-7-19: Job Order Contracting ("JOC") to the existing Apache Junction City Code, Vol. I, Chapter 3: Administration, Article 3- 7: Procurement Procedure. The JOC method of procuring construction services is authorized by A.R.S. § 34- 605, et seq., as an alternative to the traditional design-bid-build more time consuming procurement method. JOC allows the city to select a contractor on an "on-call" basis for construction projects utilizing a "best value" approach based on the company's demonstrated qualifications to perform the type of work required. The City of Apache Junction started utilizing JOC procurement within the last ten (10) years when the statute allowing JOC was implemented and has consistently used JOC through cooperative contracts to deliver a wide variety of construction projects. Under state law, individual JOC projects are limited to one million dollars ($1,000,000) unless a higher maximum amount is approved by city council. The one million dollar ($1,000,000) limitation from the statute is not keeping up with the construction cost index, inflation or major project demands. The city's two new community facilities districts ("CFDs") include very high dollar construction projects, not limited to roadway, water plant and well construction, which can by themselves exceed one million dollars ($1,000,000) each. Public Works staff recommends the increase to at least three million dollars ($3,000,000) as other multiple agencies and municipalities have chosen inclusive of Mesa, Peoria, Phoenix, Gilbert, Tempe, Scottsdale, Chandler, ASU, NAU, and UA. Increasing the limit will also improve the interest contractors have in various city and CFD projects. R. Joel Stern City Attorney ORDINANCE NO. 1522 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY ADDING TO EXISTING CHAPTER 3 : ADMINISTRATION, ARTICLE 3-7 : PROCUREMENT PROCEDURE, NEW SECTION 3-17-19, JOB ORDER CONTRACTING CONSTRUCTION SERVICES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, On October 5, 2021, the mayor and council of the City of Apache Junction, Arizona (the "City") adopted Resolution Nos . 21-45 and 21-46 ordering and declaring formation of Superstition Vistas Community Facilities District No . 1 and No. 2; and WHEREAS, creation of community facilities districts ("CFDs") serves as a method of reimbursing developers for certain critical public infrastructure; and WHEREAS, to build such infrastructure in today' s very competitive construction industry market in an efficient manner, the procurement of construction services can be obtained through job order contracting ("JOC") ; and WHEREAS, the current language of the code does not contain guidelines for JOC provisions; and WHEREAS, such modifications to the code were presented to the council during a work session on February 14, 2022 and at a public hearing on February 15, 2022; and WHEREAS, municipalities may increase and set the maximum allowable dollar amount per job order (currently $1, 000, 000 under A.R. S . § 34-605, et seq. ) ; and WHEREAS, staff and the developers who will be benefited by the creation of the CFD have recommended an increase to the statutory limit to meet construction industry demands . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That existing Apache Junction City Code, Volume 1, Chapter 3 : Administration, Article 3-7 : Procurement Procedure, be amended by adding new section 3-7-19 : Job Order Contracting, as follows : Section 3-7-19 : Job Order Contracting ORDINANCE NO. 1522 PAGE 1 OF 3 A) Job order contracting procurement is permitted under this code to maximize efficiency in high dollar construction projects . B) Arizona law under A.R. S . § 34-605 (F) (1) sets the maximum dollar amount of an individual job order at one million dollars ($1, 000, 000) . C) This amount can be raised pursuant to the same statute by the city council as long as contractual arrangements do not allow job orders to be artificially divided or fragmented. D) The maximum dollar amount under A.R. S . § 34-605 (F) (1) of one million dollars ($1, 000, 000) is increased to three million dollars ($3, 000, 000) per job order. E) All other provisions set forth in A.R. S . § 34-605, et seq. , relating to job order contracting, are applicable to procurements under this code . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : General, Article 1-8 : Penalty. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ORDINANCE NO. 1522 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1522 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 22-097 Sponsor: Nicholas Leftwich Agenda Date:2/15/2022 Index: In Control: City Council Meeting Cancellation of case PA-1-21, a request by Hassle Free House Buyers, LLC, for the approval of a private access way on the Silver Drive alignment immediately south of W. Roundup St. between N. Ironwood Drive and N. Gold Drive to facilitate the Lot Split Case P-21-33-LSM. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City ofApache Junction Development Services Department Date : February 15, 2022 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Nicholas Leftwich, Associate Planner Subject: February 15, 2022, City Council Public Hearing Item: PA-1-21 Cancellation Please note that the applicant, Hassle Free House Buyers, LLC, has rescinded their request for a private access way and the related lot split. Case PA-1-21 has therefore been cancelled. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 22-072 Sponsor:Jennifer Pena Agenda Date:2/15/2022 Index: In Control: City Council Meeting Discussion on and consideration of approval of Resolution No. 22-03, an intergovernmental agreement with Pinal County for election services for the August primary election and, if necessary, the November general election. This proposed intergovernmental agreement with Pinal County is necessary in order to conduct the August 2022 city primary and November general elections. Through the intergovernmental agreement, we will obtain critical election and voter-related services to include sample and final ballots, ballot tabulation, precinct registers, early voting, and preparation and distribution of ballots. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 January 26, 2022 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: AGENDA ITEM FOR FEBRUARY 14, 2022 WORK SESSION AND FEBRUARY 15, 2022 REGULAR MEETING) We have received the Election Services Intergovernmental Agreement from Pinal County for the primary election on August 2, 2022 and the general, if needed, on November 8, 2022. We are required to have the approved intergovernmental agreement to the county at least 150 days prior to the election so that we both meet all of our legal requirements. Currently Pinal County elections department charges 75 cents per registered voter and most services are covered in that fee. This does not include election-related charges from Maricopa County, legal advertising costs, Spanish translations, publicity pamphlets if necessary, postage for sample ballots, etc. PINAL COUNTY ELECTIONS STEPHANIE COOPER INTERIM DIRECTOR Su6ject: IntergovernmentaCAgreements In order to supply your Municipality with Election and Voter Registration services, please complete the attached Intergovernmental Agreement (IGA). Fill in all applicable areas and obtain signatures from the appropriate parties (including your legal counsel). Upon completion, please return the IGA to the address listed on the upper right hand corner of the Agreement. To ensure that all statutory and legal requirements are met (by all parties), the signed IGA must be in our office at least one hundred fifty dam (150) prior to the Election Date. After all signatures have been obtained, and the IGA is approved by the Pinal County Board of Supervisors, you will receive an approved copy. If you have any questions, please contact our Elections Department at (520) 866-7552. 188 S. MAIN STREET * COOLI DGE, AZ 85128 P. O. BOX 2209 * Coolidge, AZ 85128 PH (520) 866-7552 * FAX (520) 866-7551 * TDD (520) 866-6851 pinal.gov/Departments/Elections To be completed by District Completed Agreement filed and returned to: Contact Pinal County Elections Dept. Title P. O.Box 2209 Coolidge,AZ 85128 Address Phone Email INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF SERVICES BY THE PINAL COUNTY ELECTIONS AND RECORDER DEPARTMENT THIS AGREEMENT is entered into this day of , 20 , between Pinal County, a political subdivision of the State of Arizona, hereinafter referred to as"County", and ,hereinafter referred to as "Municipality". WHEREAS, A.R.S. Section 11-952 allows public agencies to contract for services and enter into agreements; and, WHEREAS, Municipality may hold Special/Regular elections for bond issues, recalls, overrides, etc. pursuant to A.R.S. Sections 9-231, 9-523, 19-201 et seq., and, WHEREAS, County is authorized,pursuant to A.R.S. Sections 11-251(3), 16-172, and 16-511, et seq., to perform services concerning elections, and, WHEREAS, County and Municipality have determined that the use of certain services of the Pinal County Elections Department and the Pinal County Recorder's Office is in the public interest, and the County agrees to provide such services. NOW, THEREFORE, in consideration of the mutual covenants of and stipulations set forth herein, the parties agree as follows: 1. The purpose of this Agreement is to secure the services of the County for the preparation and conduct of election(s) to be held on Name of election Date of election - 1 - 2. The Services provided by the County Elections Department are: a. Prepare ballot formats for the Municipality to be approved by the Jurisdiction. b. Provide the sample ballots with the Municipality measures' positions according to precincts within the boundaries of the Municipality. c. Provide sample ballots, if required, for public distribution and issue them through the Municipality. d. Provide ballots to be used in each precinct, which will allow qualified electors to vote for the Municipality Candidates and/or Measures. e. Conduct logic and accuracy tests as required by law and publishing all legal notices in connection therewith. f. Tally official results of the election(s), utilizing paper ballots or electronic ballot counting equipment as mutually agreed upon between Municipality and County. g. Cause the precinct election boards to utilize the copies of precinct registers,prepared from the records of the County Recorder, for the purpose of identifying the electors qualified to vote in the above-mentioned election(s). 3. The Services provided by the County Recorder are: a. Provide copies of precinct registers of qualified electors for precincts contained partially or wholly within the Municipality limits. Said registers shall be prepared from the voter registration records of the County Recorder b. Early Voting—Indicate only one below: Municipality authorizes County Recorder to handle all Early Voting Functions. Municipality will be handling Early Voting functions. The County Recorder will provide the following: ♦ A list of qualified electors who are eligible to vote early: such lists are to be used solely by the Municipality for Early Voting, or such other election related purposes as may be specifically authorized by law. ♦ A list of permanent early voters within the Municipality that are to automatically be mailed an early ballot. Said lists shall be generated from the voter registration records of the County Recorder. -2- 4. Obligation of Municipality. The Municipality or designate thereof agrees to: a. Provide the Elections Department with a certification of the measures to appear on the official ballot for the Special/Regular election. b. Provide a certified list of measures and the order of appearance of the measures to the Elections Department ninety(90) days prior to the election. c. Provide nomination petitions and other necessary information to prospective candidates for council positions. d. Accept candidates' nomination documents for filing. e. Accept candidates' financial disclosure statements. f. Accept all campaign finance statements and expenditure reports from candidates and/or candidates' campaign committees. g. Provide the County Elections Office with the names of any Write-in candidates as prescribed by law. h. Prepare and Issue certificates of the result of the election. i. Publish all legal notices in connection with a municipal election with the exception of the logic and accuracy test notification as described in Section 2(e) of this agreement. j. If the Municipality chooses to conduct their own early voting, provide the County Recorder, upon receipt and prior to processing early ballots, copies of the complete Applications of Early Ballots for signature comparison by the County Recorder or other officer in charge of elections as required by A.R.S. Section 1.6-550(A). These copies can be provided by mail, hand delivery, or fax as time constraints dictate. k. Pay to County, on a reimbursable basis, all costs of personnel, election materials, and supplies expended by County pursuant to this Agreement. Municipality will make said payment to County within fourteen (14) days after presentation by County of demand for said payment. 1. If the Municipality chooses to conduct their own early voting, a list of all"Inactive Status" electors who voted in the election pursuant to A.R.S. Section 16-583 shall be provided to the County Recorder. m. Agree to be a point of contact regarding conditional provisional ballots —in that a voter of a conditional provisional ballot can take an acceptable type of personal identification to qualify the subject conditional provisional ballot; document what type of identification is provided indicating any identification numbers and issue dates; provide a daily receipt of identification forms from conditional provisional ballot holders by the Municipality -3 - Clerk's office that will be forwarded to the Voter Registration Department of the Pinal County Recorder. This can be done by fax or hand-carried. 5. Manner of Financing and Budgeting. Each party represents that it has sufficient funds available in its current fiscal year budget to discharge the funding obligation imposed by this Agreement, and agrees that such funds shall be solely available therefore. 6. Termination. This Agreement shall terminate upon all matters connected with the election being resolved, legal challenges excepted or upon written notice by either party to the other within thirty (30) days of the effective date of this Agreement. Should the election herein be challenged or questioned for any reason whatsoever, then, in such event, Municipality shall be solely responsible for defending, legally or otherwise, said election. 7. Indemnification of County. To the extent allowed by law, the County agrees to indemnify and bold harmless the Municipality from all injuries to persons or property caused by the acts or omissions of the County arising out of the County's activities under this Agreement. To the extent allowed by law, the Municipality agrees to indemnify and hold harmless the County from all injuries to persons or property caused by the acts or omissions of the Municipality arising out of the Municipality's activities under this Agreement. 8. Conflict of Interest. The parties have been advised of and are aware that the Pinal County Attorney's Office represents both Pinal County and also the Municipality and have been informed to seek the advice of outside counsel. The parties expressly and mutually waive any adverse interest that may exist and also waive any allegations of conflict of interest by the Pinal County Attorney's Office and expressly approve of the Pinal County Attorney's Office dual representation. 9. Effective Date and Term of Agreement. This Agreement shall be effective upon approval by the Pinal County Board of Supervisors, and shall terminate as provided in 6 above. -4- 10. Nondiscrimination. The parties shall comply with Executive Order 2009-9 and all other applicable State and Federal employment laws, rules, and regulations, mandating that all persons shall have equal access to employment opportunities, and that no person shall be discriminated against due to race, creed, color,religion, sex,national origin or disability. 11. Severability. If any provisions of this Agreement or application thereof to the County, Municipality, person or circumstances is held invalid; such invalidity shall not affect other provisions or applications of this Agreement, which can be given effect, without the invalid provision or application and to the end the provisions of the Agreement are declared to be severable. 12. E-Verify/Immigration. The parties warrant and represent to each other that they are in compliance with the Federal Immigration and Nationality Act (FINA), A.R.S. Sections 41-4401 and 23-214, and all other federal and state immigration laws and regulations. 13. Cancellation. This Agreement may be canceled by either party for conflict of interest pursuant to A.R.S. Section 38-511. 1.4. Governing Law. This Agreement shall be construed under the laws of the State of Arizona and by applicable federal law. 1.5. Entire Agreement. This Agreement contains the entire agreement between parties concerning its subject matter and any amendment to this Agreement shall not be made except by mutual written agreement of the parties. 16. Notices. All notice required by this Agreement, such as notice of termination, shall be sent by U.S certified mail, return receipt requested, or delivered by hand to the party at the address indicated or such other address requested by notice to the other party. A notice shall be considered given when received. -5 - County: Pinal Municipality: Name, Title: Pinal County Elections Dept. Name, Title: Address: P. O. Box 2209, Coolidge, AZ 85128 Address: Notwithstanding the above, any routine communications between the parties that do not affect the rights of obligations of the parties, such as communications regarding the election(s), results, canvass, or otherwise may be sent and received via email. 1.7. Waiver. A waiver by either party of any of the terms, conditions and covenants to be performed by the other shall not be construed to be a waiver of any succeeding breach, nor of any other term, condition, or covenant contained in this Agreement. -6- IN WITNESS WHEREOF, the parties hereby have executed this Agreement the day and year first above written. MUNICIPALITY FINAL COUNTY BY: Printed Municipality Name Stephanie Cooper Pinal County Interim Elections Director BY: Name/Title FINAL COUNTY BOARD OF SUPERVISORS ATTEST: BY: BY: Clerk, Municipality Chairman Approved as to form: ATTEST: And within the powers and authority granted under the laws of this State to the District BY: BY: Clerk, Board of Supervisors Attorney, Municipality Approved as to form: BY: Deputy County Attorney -7- Elections Department Fee Schedule Elections Services: Elections Consolidated Special & Non-Consolidated with State and Federal Elections* Elections Admin fee per Registered Voter $0.75 $0.25 Cancel &Appoint $200 $200 Ballot Printing Included Actual Cost Logic and Accuracy Notice Included Actual Cost Polling Place Rental Fees Included Actual Cost Poll Workers Included Actual Cost (incl. training and costs of training materials) Early Board Workers Included Actual Cost Duplication Board Included Actual Cost Write-In Board Included Actual Cost Provisional Board Included Actual Cost Troubleshooters Included I Actual Cost *For special and non-consolidated elections that involve more than one jurisdiction, the actual costs will be apportioned based on the number of registered voters within each jurisdiction. If a jurisdiction chooses to do a ballot-by mail election, the cost will be an administrative fee of$2.00 per registered voter and all other expenses will be included in that administrative fee. Election Worker Pay: Training Election Day Poll Workers $50 $200** Inspectors $50 $250** Receiving Board N/A $200 Early Board N/A $0.10/ballot*** Duplication Board N/A $200 Write-In Board N/A $200 Provisional Board N/A $200*** Troubleshooters N/A Normal Wages (incl. EREs and overtime) Tech Support Workers $15 per hour $15 per hour** **Poll worker compensation will be a lump sum stipend set and adjusted by multiplying the current minimum wage by 16 hours and then rounding up to the nearest $10 increment. The Inspectors' pay will be the poll worker pay plus an additional $50. Tech support worker pay will be 125% of minimum wage. 'Early and Provisional board workers will not be paid less than $500 per election Miscellaneous Fees: 2' X 3' Maps $15 Large Wall Maps $25 Certified Copies $1 per page + $3 for the certification Paper Copies (Up to 8%" x 14") $0.25 per side RESOLUTION NO. 22-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROVIDING NOTICE OF THE PRIMARY AND GENERAL ELECTIONS TO BE HELD ON AUGUST 2, 2022, AND NOVEMBER 8, 2022, RESPECTIVELY; DESIGNATING THE PURPOSE OF THE ELECTION AND THE DEADLINE FOR VOTER REGISTRATION; DESIGNATING THE PLACE AND DATE FOR CANDIDATES TO FILE NOMINATION PAPERS; AND AUTHORIZING THE CITY CLERK TO ENTER INTO ANY AGREEMENTS NECESSARY TO PROVIDE SERVICES FOR SUCH ELECTIONS . WHEREAS, the holding of Primary and General Elections is enabled by law and prescribed by the City of Apache Junction, and WHEREAS, the current term of the mayor and three councilmembers will expire in January 2023; and WHEREAS, the next mayoral term expires in January 2025 and three councilmembers terms will expire January 2027 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apache Junction, Arizona, as follows : Section 1 . That August 2, 2022, has been set as the time for holding the Primary Election in the City of Apache Junction for the purpose of electing the mayor and three councilmembers . Any candidate for the office of mayor and the office of councilmember may be declared elected at the Primary Election if he/she receives a majority of the votes cast . If at the Primary Election there are any offices to which no candidate was declared elected, then a runoff (General) election will be held on November 8, 2022 . Section 2 . The last day to register to vote is July 5, 2022 to be eligible to vote in the Primary Election; and October 10, 2022 to be eligible to vote in the General Election. Section 3 . That candidates seeking municipal office may obtain nomination materials by contacting the Apache Junction City Clerk, 300 E . Superstition Boulevard, Apache Junction, Arizona . Candidates may file nomination materials at the Apache Junction City Clerk' s office beginning March 7, 2022, but no later than 5 : 00 p.m. on April 4, 2022 . RESOLUTION NO. 22-03 PAGE 1 OF 2 Section 4 . That the city clerk is authorized to enter into any agreements with the Maricopa and Pinal County Elections Departments and any necessary vendors to provide election services for the August 2, 2022, Primary Election and November 8, 2022, General Election. SIGNED AND ATTESTED TO THIS DAY OF f 2022 . APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONAf THIS DAY OF f 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PE&A City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 22-03 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 22-098 Sponsor: Matt Busby Agenda Date:2/15/2022 Index: In Control: City Council Meeting Discussion and possible direction to staff on scheduling a joint meeting with the Health and Human Services Commission including date, time, location, and agenda items to be discussed. City of Apache Junction,Arizona Page 1 Printed on 2/8/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 22-089 Sponsor:Jennifer Pena Agenda Date:2/15/2022 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, February 28th and Executive Session at 6:00 P.M. for Tuesday, March 1 st 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 2/8/2022 CITY COUNCIL MEETING ROLL CALL Date: ll,)S ---)-ILI uy kl2.(A �)--i Work Study Regular Special CITY COUNCIL: Present Ab/excu Present ^��cu Present Ab/excu MAYOR WILSON VICE MAYOR RIZZI V COUNCILMEMBER BIGGS `v COUNCILMEMBER EVANS COUNCILMEMBER GREMMEL COUNCILMEMBER NESSER ✓ 1� COUNCILMEMBER SCHROEDER v TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V Assistant City Manager Matt Busby V t/ City Clerk Jennifer Pena ✓ ✓ City Attorney Joel Stern Assist to City Manager Anna McCray Public Information Officer Al Bravo Public Safety Director aw Dev Services Director Larry Kirch PW Director Michael Wever Parks& Rec Director Liz Langenbach ED Director Janine Solley Library Director Pam Harrison Finance Director Leslie DeReche HR Director Liz Riley Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Senior Planner Sidney Urias Building&Safety Manager Dave Zellner Planning Manager Rudy Esquivias PW Project Engineer Raquel Schatz City Engineer Emile Schmid L A/ �� jjL �r ~ City of Apache Junction, Arizona Meeting location: «< City Council Chambers tt at City Hall Agenda 300 E.Superstition Blvd. Apache Junction,AZ City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday,February 14,2022 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 22-092 Presentation and discussion with staff and employment law attorney Justin Pierce of Pierce Coleman, PLLC on considerations and implications involved with a potential transition of executive level and department director positions to at-will employees versus employees with due process rights. Sponsors: Matt Busby 2. 22-100 Presentation and discussion on Ordinance No. 1522 an ordinance of the mayor and city council of the City of Apache Junction,Arizona, amending Apache Junction City Code,Volume I, by adding to existing Chapter 3:Administration,Article 3-7: Procurement Procedure, new section 3-7-19, Job Order Contracting Construction Services; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors: Joel Stern Attachments: Staff Memo JOC Ordinance 1522 Chapter 3 Job Order Contractinq D. 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 T00a-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 1 Printed on 2/8/2022 1 City Council Meeting Agenda February 15,2022 12. 22-098 Discussion and possible direction to staff on scheduling a joint meeting with the Health and Human Services Commission including date,time, location, and agenda items to be discussed. Sponsors: Matt Busby L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 22-089 Executive Session at 6:00 P.M.for Monday, February 28th and Executive Session at 6:00 P.M.for Tuesday, March 1st 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 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S.§38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Punted on 2/8/2022 VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: _ 7 Z( SECONDED BY: Vu.SSQ-� NOTES: YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SCHROEDER VICE MAYOR RIZZI COUNCILMEMBER NESSER v COUNCILMEMBER EVANS '✓ COUNCILMEMBER BIGGS L/ COUNCILMEMBER GREMMEL MAYOR WILSON 1/ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL -7 Vote sheet 1 S:/Agendas&Minutes/Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # ^.r2` ��' fr MEETING OF ZZ MOTION BY: � � /J , SECONDED BY: NOTES:—p /nlla A YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER GREMMEL COUNCILMEMBER EVANS Xz/ COUNCILMEMBER BIGGS �/ COUNCILMEMBER SCHROEDER VICE MAYOR RIZZI MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/Agendas&Minutes/Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # MEETING OF ,,c�C,�� o��• —o MOTION BY: SECONDED BY: NOTES: jo d 1, Ft pw YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER SCHROEDER COUNCILMEMBER NESSER Y y/ COUNCILMEMBER EVANS COUNCILMEMBER GREMMEL VICE MAYOR RIZZI V/ V/ COUNCILMEMBER BIGGS V MAYOR WILSON V I/ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 3 S:/Agendas&Minutes/Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # 04, MEETING OF 2 MOTION BY: SECONDED BY: ;,. ?Z,z NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER BIGGS COUNCILMEMBER EVANS VICE MAYOR RIZZI a / COUNCILMEMBER NESSER %�/ COUNCILMEMBER GREMMEL COUNCILMEMBER SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 7- Vote sheet 4 S:/Agendas&Minutes/Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # MEETING OF P -K-Z 0?,Z. MOTION BY: � 5 SECONDED BY: 146 NOTES:— YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER EVANS COUNCILMEMBER BIGGS COUNCILMEMBER GREMMEL i/ VICE MAYOR RIZZI v COUNCILMEMBER NESSER VI COUNCILMEMBER SCHROEDER V MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 5 S:/Agendas&Minutes/Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # 12 '6"" MEETING OF 7z Z2 MOTION BY: ��ALt SECONDED BY: ap"S NOTES: 420 42 (lA(VVIOV, A0 In wT10.CC4 i S Ur"ace� YES NO ABSTAINED CITY COUNCIL: VICE MAYOR RIZZI COUNCILMEMBER NESSER COUNCILMEMBER BIGGS COUNCILMEMBER SCHROEDER COUNCILMEMBER GREMMEL V/ COUNCILMEMBER EVANS �✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL - ,\ Vote sheet 6 S:/Agendas&Minutes/Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: G�e.� SECONDED BY: . NOTES:— YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SCHROEDER VICE MAYOR RIZZI COUNCILMEMBER NESSER COUNCILMEMBER EVANS COUNCILMEMBER BIGGS COUNCILMEMBER GREMMEL v/ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 5:/Agendas&Minutes/Forms/Vote Call—City Council /1n`" CITY OF APACHE JUNCTION Mayor's Script Tuesday, February 15, 2022 A. CALL TO ORDER 1 would 7 o 6-1 liked_ —t o-call this City y of Apache J-u-:n-c-i i on—C 6_6 n--c 41 Meetingt orde B. INVOCATION AND PLEDGE OF ALLEGIANCE T The invocation will be led.by Vice Mayqr.Ri�zfi & th0i.-pledge b Councilmember = C. ROLL CALL ,k(A((411 D. CONSENT AGENDA As a reminder--All items,,under the Consent Agenda will beapproved.with one motion.:If 7a icounIciIlm.ember wishes to remove an item furth-er,discussion, the request will be made {prior to pprovin the consent'uencla and will be'-moved to New Business? _ 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of February 1, 2022. 6-7---_o , a�--v—ea m---o t—io r t-on n-ti—he-j—co_n s-e-n a gi-ei"n,da wait for the motion and the 2nd ,Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS- (As,k,Chie'f'P_obl.ey to pre-sent this item.) 3. Presentation of awards to Officers of the Apache Junction Police Department F. REGIONAL INTERGOVERNMENTAL UPDATES 4. Regional InterRo-vernm- ontal meeting,--u,pdates,fromCouncil G. CITY MANAGER'S REPORT MATT Busby.to report 5. Cit_Mana er's Re ort. 6. Recognition of retiring Development Services Director, Larry Kirch 7. Announcement:of Current Event ::Al to`report H. PUBLIC HEARINGS— 8. Presentation; discussion public hearing ta.consider a Class A Bingo License.for games o be held at Sundowner`RV Resort Jennifer to report Any_discussion amongAhe council?' council can discuss `Does thdApp scant wishlo speak on their application request? As a public hearing,_would anyone like to speak on this item? public can speak for 5 min. r1l close the pubH&hearing and ask-for a. motion:! RoIL:CaII 9. Presentation discussionand public'hearing on Ordinance No.,1522 amending the City Code Volume I, by adding to existing Chapters: Administration, Article 3-7 Procurement Procedure, new section 3-7-19 Job.Order Co'ntracting;Constructio Services Joel to-re:port. Any discussfori.among`the council? council can discuss As a_public:hearing, virould_anyone like to speakon this item? f i close the public.hea'ri'ng.and ask.fora motion: Rohl Call' J 10. Request for Cancellation of case PA_1`21 a request by Hassle Free House Buyers rela d to a private:access on the Silver Drive alignment to-facilitate a lot split case P-21-3 Nick to report ny Aiscussion among the councils council can discuss Does the Applicant_wish to speakon their application request? i s a:public hearing, would anyone like to speak on.this item?j public can speak for 5 min. I'll close the public hearing and ask for a motion; Roll Call I. OLD BUSINESS—We have-no old business-at this time J. NEW BUSINESS ITEM #11l Presentation andwd_iscu_ssi;on_on Resolutiion No_22=03_authorizmg'an intergove_rnmenta_I agre.errientwith PinalyCounty for th_e 2022 Primary and General election services. _ Jennifer to report: Any discussion among-the.touncif?j council can discuss Do I have a_motion? wait for the motion and the 2nd Boll Call J K. COUNCIL DIRECTION TO STAFF- ITEM 12 Discussion and possible direction to staff on scheduling a joint meeting with the Health and Human Services Commission including date, time, location, and agenda items to be discussed. Matt ao report Any_discussion among_the_council council can discuss Do I have a motion?, wait for the motion and the 2nd Roll'CaII L. SELECTION OF MEETING-DATES, TIMES LOCATIONS AND°PURPOSES 13. Executive Session at 6:00 P.M. for Monday, February 28th and 6:00 P.M. and for Tuesday, March 1, 2022 in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Do l have,a motion on tthe-next meeting dates? or t e Ro.II,Call M. CALL TO PUBLIC [would- like to remind ever that the C'all to th-e Public is a courtesy and not required by law:- It is a time-for the�pu`blic to'exp,ess requests,-,communications,, comments arnd, suggestions.� � Reclgestaospeak forms must be completed and handed,to the city clerk before the end of the city manager's report�.l --- - ---- _____ �-_.— . _ All issues shall be presented in a professyional manner witho.utypersonal attacks.", ,Under the,open-meeting,law the councilcannot engage. in,discussion on the issues presented but may.respond to criiticism and maydirect staff to follow up with the spe0. ak l directlyand/or place this'matter-on a.future agenda.for council discussion. There is a three minute'limit for each_speaker _. Does council;have any requests of staff to folaow'up on N. ADJOURNMENT— I adjourn this meetingl click or tap to enter 1 date. Consent Agenda Items Nos 12 move the consent agenda be accepted as presented ITEM NO. 8 1 MOVE THAT the application for a Class A Bingo License submitted by Kevin Osborne for games to be conducted within the Sundowner RV Park Resort be recommended for (APPROVAL) OR (DENIAL) to the Department of Revenue. ITEM NO. 9 1 move that Ordinance No. 1522 be read by title only and the reading of the entire ordinance be waived. (Call upon the city clerk to read Ordinance No. 1522 by title only. I move that Ordinance No. 1522, as read by the city clerk, (be approved and adopted) or (be denied). I move that ordinance no. 1522, as read by the city clerk, be approved and adopted with the following amendments: ITEM NO. 10 I MOVE THAT THE request by Hassle Free House Buyers, LLC, case PA-1-21, for a private access way on the Silver Drive alignment to facilitate lot split case P-21-33-LSM be cancelled. ITEM NO. 11 1 MOVE THAT Resolution No. 22-03 approving an intergovernmental agreement between Pinal County and the city of Apache Junction for election services for the August Primary election and, if necessary, the November General election (be approved) or(be denied). ITEM NO. 12 1 MOVE THAT ITEM NO. 13 1 MOVE THAT an executive session at 6:00 p.m. for Monday, February 28th and Tuesday, March 1 st be held in the City Council Conference room located at 300 E. Superstition Boulevard, Apache Junction, Arizona, and other meetings be scheduled if necessary. ITEM N - Adiournment I MOVE THAT the meeting be adjourned. Date: , CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: would like to speak on a Non-Agenda matter regarding: 0-4 .2 jetc6(ic- Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. 9 � First Name Last Name (PRINT) s y5-P T Address City Zip Code Telephone mail address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S.§1-602 (A)(9)_ Z�om — ZIKI Signat Guardian Da e 08/26/2019 Date: ,2 -fC� pLOZ CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: el 010117 1 would like to speak on a Non-Agenda matter regarding: Q U Y \ Do you wish to speak before Council on this item? Yesk,""' No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. j- Firsf Maine' Last Name (PRINT) Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S.§1-602 (A)(9)_ Signature of-P-are#U6ruardian Date 08/26/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. would like to speak on Agenda Item #: ,. would like to speak on a Non-Agenda matter regarding: CJ J Do you wish to speak before Council.on this item? Yes No Only If Necessary I am in favor of the proposed Item. 1 am opposed to the proposed Item. first Nam Last Name (PRINT) 51t Address Ci Zip Code �-/50- 593 qLl 2- TdIephone — Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S.§1-602 (A)(9)_ Signature of Parent/Guardian Date 08/26/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: " I would like to speak on a Non-Agenda matter regarding: POA-)2-1- Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. First Nan-(a Last Name (PRINT) leis Address City Zip Code Telephone Email address J This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S.§1-602 (A)(9)_ Signature of Parent/Guardian Date 08/26/2019