HomeMy WebLinkAbout2023 09.19 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
g Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,September 5,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 23-446 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 23- 47 Consideration of approval of minutes of the regular meeting of
August 15, 2023.
Sponsors: Jennifer Pena
Attachments: CCMIN 2023 08 15 MINUTES DRAFT
3. 23-454 Consideration of approval for an award of contract to Sunland Asphalt
& Construction for the asphalt overlay of the Azure Skies Subdivision.
The work would be through the 1 Government Procurement Alliance
Cooperative Contract No. 22-15P-04 in the amount of$564,803.39
plus a 10% contingency for unforeseen change orders in the amount
of$56,480.33 for a total project cost not to exceed $621,283.72.
Work is planned sometime within the October-December 2023 time
frame.
Sponsors: Shane Kiesow
Attachments: City Council Memo-SST23-12 Sunland RS Sept2023
SST23-12 Agreement Sunland
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.
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City Council Meeting Agenda September 5,2023
4. 23-453 Proclamation designating the week of September 17 through
September 23, 2023 as "Constitution Week."
Sponsors: Jennifer Pena
Attachments: 09 2023 Constitution Week
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.
5. 23-40 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.
6. 23- 43 City Manager's Report.
Sponsors: Bryant Powell
7. 23-449 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.
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City Council Meeting Agenda September 5,2023
8. 23-456 Presentation, discussion, public hearing, and consideration of
Ordinance No. 1537, approving a text amendment and adopting by
reference that certain document titled "2023 Amendments to the
Apache Junction City Code, Volume 11, Land Development Code,
Chapter 1: Zoning Ordinance,Article 1-7: Parking, Loading and
Circulation Regulations"; repealing any conflicting provisions; and
providing for severability. This request was previously presented and
discussed at the City Council Work Session on July 17, 2023 and at
the City Council Public Hearing on August 1, 2023.
Sponsors: Nicholas Leftwich
Attachments: Staff Memo for Ordinance 1537 -5-23
Ex. 1 Ordinance No. 1537
Ex, 2 Resolution No. 23-19
Ex, 3 2023 Amendments to 1-7 Parking, Loading and Circulatioi
Ex,4 Redlined Version 2023 Amendments to 1-7 Parking, Load
Ex, 5 P-23-15-AM Staff Report
Ex. 6 P-23-16-AM Staff Report
9. 23-457 Presentation, discussion, public hearing, and consideration of
Resolution No. 23-19, declaring as a public record that certain
document filed with the City Clerk and titled "2023 Amendments to the
Apache Junction City Code, Volume 11, Land Development Code,
Chapter 1: Zoning Ordinance,Article 1-7: Parking, Loading and
Circulation Regulations"; repealing any conflicting provisions; and
providing for severability. This request was previously presented and
discussed at the City Council Work Session on July 17, 2023 and at
the City Council Public Hearing on August 1, 2023.
Sponsors: Nicholas Leftwich
Attachments: Staff Memo for Ordinance 1537 9-5-23
Ex. 1 Ordinance No. 1537
Ex. 2 Resolution No.23-19
Ex, 3 2023 Amendments to 1-7 Parking, Loading and Circulafiioi
Ex.4 Redlined Version 2023 Amendments to 1-7 Parking, Load
Ex. 5 P-23-15-AM Staff Report
Ex. 6 P-23-16-AM Staff Bpport
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.
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City Council Meeting Agenda September 5,2023
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.
10. 23-453 Presentation and discussion of P-22-6-SD, a request by Superstition
Springs Holdings, LLC, represented by Shantha Kumar, for a
commercial condominium subdivision of eleven (11)suites under the
name "Gold Drive Development," located near the southeast corner of
Gold Drive and Apache Trail.
Sponsors: Nicholas Leftwich
Attachments: P-22-6-SD Staff Memo
Ex. 1 P-22-6-SD Final Condominium Plat
Ex. 2 PD Ordinance 1396
11. 23-357 Presentation and discussion of procurement and subscription services
for 101 APXN 70 portable radios in the amount of$837,308.60 and
24 APX 6500 mobile radios in the amount of$174,551.52 from
Motorola utilizing the State Cooperative Contract#CTR046830 for a
total amount not to exceed $1,011,860.12. This expenditure was
approved in the FY2023/24 Budget.
Sponsors: Michael Pooley
Attachments: Memo-Motorola Solutions 09-05-23 Radio Purchase
SSA-FINAL-SIGNED
FY 24 E ui ment Purchase A reement®Motorola Radios-FIN
12. 23-444 Presentation, discussion, and consideration of procurement of police
shooting range cover from Covershots Mobile Canopies International,
a sole source procurement, in an amount not to exceed $139,079.05.
Sponsors: Michael Pooley
Attachments: Memo-Covershot 8-3-23
Sole Source Letter
Eguipment Purchase and Installation Agreement-Covershots
13. 3-462 Presentation and discussion of proposal from Fire Security
Electronics & Communications, Inc. (FSEC)for upgrade of video
surveillance system for city facilities in the amount of$249,904.94.
Sponsors: Doug Wirthgen
Attachments: Staff Memo FSEC Surveillance
FSEC Surveillance Upgrade Proposal
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
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City Council Meeting Agenda September 5,2023
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications,
comments or suggestions relating to city business.All speakers must have already submitted a written
"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion
of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All
such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor
is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if
anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are
not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city
to act. The council may not answer questions of the speaker, discuss the matter with one another, but
may, at the conclusion: 1)respond to criticism by a speaker,-2)ask the city manager to review a matter,-
3)ask the city manager to place the matter on a future agenda. Each speaker must approach the
podium, speak into the microphone,provide their name and address. There is a three(3)minute time
limit per speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 5 Printed on 813112023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 1.
File ID: 23-446
Sponsor:Jennifer Pena Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.2.
File ID: 23-447
Sponsor:Jennifer Pena Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of August 15, 2023.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Meeting Minutes 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,August 15,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Schroeder gave the invocation and Councilmember Nesser led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Al Bravo, Public Information Officer
Michael Pooley, Police Chief
Evie McKinney, Deputy City Clerk
D. CONSENT AGENDA
Vice Mayor Schroeder moved,seconded by Councilmember Nesser to approve the Consent
Agenda.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
1. 23-4 3 Consideration of acceptance of agenda.
2. 23-424 Consideration of approval of minutes of the regular meeting of August
1, 2023.
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes August 15,2023
3. 23-428 Consideration of approval of entering into a contract with Viasun
Corporation for the construction of curbing for the Apache Trail
medians between Ironwood Drive and Ocotillo Drive. The work would
be through Pinal County cooperative job order contract No.175623 in
the amount of$345,520.75 plus a 10% contingency for unforeseen
change orders in the amount of$35,552.07 for a total project cost not
to exceed $380,072.82. Work will result in curbing to facilitate roadway
drainage and protection to the next phase of median beautification
improvements. Work is planned to take place between October to
November 2023.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
4. 23-425 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Heck gave an update on recent data shared by the Greater Phoenix Economic
Council, (GPEC). GPEC's mission is to encourage and create growth in the business
development market in the greater Phoenix area. Trends are positive, the economy is growing,
as well as growth in the number of homes and the value of homes. Cost of living in the greater
Phoenix metropolitan area is 3.8% above the national average.
Councilmembers Soller and Cross recently attended a two day seminar with the Morrison
Institute. Points of discussion included housing shortage, community outreach to the tribal
communities for increased technology services, clean energy efforts, municipal water
regulations, education involvement and teacher retention, and public safety initiatives for police
officer preservation.
Vice Mayor Schroeder shared the Pinal Regional Transportation Authority voted to manage the
organization without the assistance from Central Arizona Government.
Mayor Wilson offered an invitation to the Arizona Department Of Transportation meeting
scheduled for 5:30 p.m. on August 16, 2023, at the Multigenerational Center, to discuss the
opening of State Route 88.
G. CITY MANAGER'S REPORT
5. 23-426 City Manager's Report.
City Manager Bryant Powell shared a video created by the One Water-Our Water campaign
group, which includes Apache Junction Water District and Arizona Water Company. These
two companies serve water to the residents of Apache Junction, and the video educated where
the water comes from that is distributed by both organizations.
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes August 15,2023
6. 23-427 Announcement of Current Events.
Public Information Officer Al Bravo shared the following upcoming events:
* Level Up Your Business, offered by the City and the Chamber of Commerce, September 7,
2023, 7:00 a.m. - 10:00 a.m. at Central Arizona College located at 805 S. Idaho Rd, Room
F115,Apache Junction
* Books and Brews, August 17, 2023, 6:30 p.m. -8:00 p.m., HandleBar Pub and Grill on
Apache Trail
* Garden Party, August 18, 2023, 5:30 p.m. -7:30 p.m., Multigenerational Center, 1035 N.
Idaho Rd
* Fairytale Faire,August 19, 2023, 10:00 a.m. - 1:00 p.m., Multigenerational Center, 1035 N.
Idaho Rd
Please visit www.apachejunctionaz.gov to see all the upcoming community events.
H. PUBLIC HEARINGS
7. 23-429 Consideration of application for a new Series 6 Bar Liquor License for
Super Skies Dining & Dance Hall, 945 E Scenic Street, Apache
Junction, AZ. The next step in the process is for the council to hold a
public hearing on the application and make a recommendation of
approval or denial to the Arizona Department of Liquor License and
Control.
Councilmember Soller moved,seconded by Councilmember Nesser that the application for a
Series 6 Bar Liquor License submitted by Amy S.Nations on behalf of Super Skies Dining and
Dance Hall, located at 945 E Scenic St. be recommended for approval to the Arizona Department
of Liquor Licenses and Control.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
City Clerk Jennifer Pena stated the city received an application for a new Series 6 Bar Liquor
License from Super Skies Dining and Dance Hall on July 17, 2023, and the notice of posting
was placed at the establishment on July 25, 2023.
The posting requirement has been met with no comments from the public. Correspondence
related to inspections of the premises for safety and code compliant matters have been
received from the Apache Junction Police Department, Building and Safety Division, Planning
and Zoning Department and the Superstition Fire and Medical District. All four entities find
compliance with the inspection requirements and recommend approval.
The Planning Department did note that this establishment exists as a Lawful Nonconforming
Use. A Letter of Lawful Nonconformity was issued by the City to a previous owner, which is
transferrable.Also to note, a fire had caused structural damage within the past year. All
permits were properly pulled and repairs and inspections have been approved.
Council inquired on the recent fire damage and the operation of the establishment. The
applicant responded that the kitchen area was not affected by the fire.
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes August 15,2023
Mayor Wilson opened the public hearing, receiving no comments from the public he closed the
public hearing.
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Jane Brown, Val Vista Rd, Apache Junction shared her concerns regarding water rates with
the Apache Junction water companies and water conservation efforts.
Donna Carr, 2178 W. Virginia St, Apache Junction commented on the homeless situation,
crops being grown in Arizona and shipped overseas, and Pinal County reporting and funding.
Andre Meek, 1327 S. Belair Rd, Apache Junction voiced concerns regarding the homeless
increase in Arizona, and supports continued efforts to work together to bring relief to these
individuals. He also stated the benefits of rain harvesting and suggested it be encouraged
more for irrigation purposes.
Leonard W. Jeffery, Desart Investments LLC, requested help from Council to obtain an
address for the property he has been trying to develop into a facility to house the homeless
veterans. This property is located behind the Greyhound Park in Apache Junction. He has
incurred more expense due to the installation of a fence to keep people out. Joining Mr. Jeffery
was an individual sustaining on a generator for a trailer at this property because the City will
not work with him to issue the proper permits to obtain water and electric service. He
announced he has given up on building this development but just wants his title cleared with an
address. He stated the issue in Apache Junction is not the homeless but rather the City does
not want affordable housing.
George Schroeder, 2444 W. Virginia St, Apache Junction commented on the services offered
from Development Services and Code Enforcement.
Vice Mayor Schroeder requested detailed information be shared with Council from staff
regarding the property issues mentioned by Mr. Leonard Jeffery.
Councilmember Soller addressed comments made earlier in the meeting regarding the current
water levels in Arizona and the availability of the Colorado River water.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 7:41 p.m.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes August 15,2023
ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2023.
WALTER"CHIP"WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction, Arizona, held on the
day of , 2023. 1 further certify that the meeting was
duly called and held and that a quorum was present.
Dated this day of 12023.
JENNIFER PENA
City Clerk
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: 23-454
Sponsor: Shane Kiesow Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Consideration of approval for an award of contract to Sunland Asphalt&Construction for the
asphalt overlay of the Azure Skies Subdivision. The work would be through the 1 Government
Procurement Alliance Cooperative Contract No. 22-15P-04 in the amount of$564,803.39 plus
a 10% contingency for unforeseen change orders in the amount of$56,480.33 for a total
project cost not to exceed $621,283.72. Work is planned sometime within the
October-December 2023 time frame.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
Public Works Department
Home of'the Superstition Mountains
.ter.
Date: August 21, 2023
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Project# SST23-12 Award
City staff respectfully requests city council consideration of award of contract to Sunland Asphalt
& Construction for project SST23-12 for the asphalt overlay of streets within the Azure Skies
subdivision for a not to exceed amount including 10% contingency for unforeseens of
$621,283.72. Project is budgeted for use of Street Sales Tax monies.
This work was discussed with council at the July 18, 2023 City Council regular session under
Public Works' "Fiscal Year 2024 CIP & Street Maintenance Plan." The work involves the overlay
of the streets within the community with new asphalt concrete. The area is bordered by Apache
Trail to the north, Broadway Ave. to the south, Ironwood Dr. to the west and Thunderbird Dr. to
the east. The work would last for about a week during the October — December 2023
timeframe. Work would occur during the daytime hours only with limited impacts to vehicular
traffic lanes and residential entrances.
575 E. Baseline Avenue, Apache Junction, AZ 85219
Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005
CITY OF APACHE JUNCTION
STREET MAINTENANCE AGREEMENT
PROJECT NO.: SST23-12
"Azure Skies Subdivision Overlay"
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION "City„), an Arizona municipal corporation, and SUNLAND
ASPHALT & CONSTRUCTION LAC, a Delaware limited liability company,
("Contractor"), sometimes collectively referred to as the "Parties" or
individually as a "'Party".
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the completed products, goods and services (the "Work") called for in
1 Governmental Procurement Alliance (*`1 GPA") cooperative Contract
No. -15P-04, on file with the ity's public works director) and
Contractor's Estimate (attached hereto as Exhibit A) dated July 24,
2023 (collectively the "Contract Documents").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall
complete the Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.")-Title 34 and Apache ,function City Code,
Vol. 1, Chapter 3, Administration,Article 3-7, Procurement Procedures,
or such Work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the Work in accordance with the terms and conditions set forth
as fellows,
1. PROJECTDESCRIPTION: Contractor shall do and perform or cause
to be done and performed in a good workmanlike manner, the Work set forth in
accordance with and as more fully described in the Contract Documents.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed of Five Hundred Sixty-Four
Thousand Eight Hundred Three Dollars and Thirty-Nine Cents($564,843.39)(the
"Contract Sum") for the performance of the Work under the Contract
Documents. All contracts will be operable for their full term at the rates quoted
in the initial bid proposal, unless otherwise extended in writing by the City. once
City finds the Work acceptable under the Contract Documents, City shall
promptly submit for processing a certificate for payment stating that, to the best
of its knowledge, information and belief on the basis of its observation and
inspection, the Work has been completed in accordance with the terms and
conditions of the Contract Documents and that partial payment or the balance
due the Contractor is payable.
3. CONTRACT TERM: Upon Notice to Proceed given by the City,
Contractor shall begin Work no sooner than October 9, 2023 and shall complete
it no later than January 12, 2024. This provision does not limit the liability of
Contractor for actual damages sustained by City as a result of any breach of
contract or warranty by Contractor. Extensions may be approved at times as
the Parties mutually deem fit.
4. LABOR AND MATERIALS: Unless otherwise provided in the
Contract Documents, Contractor shall provide, pay for and insure under the
requisite taws and regulations all labor, materials, equipment, tools and
machinery, water, heat, utilities, transportation, other facilities and services
necessary for the proper execution and completion of the Work, whether
temporary or permanent,and whether or not incorporated or to be incorporated
in the Work.
5. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and agrees that inspection of the Work performer) hereunder`will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion, whether the Work has been performed in accordance with the
Contract Documents. Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract Documents.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work
or materials at the time of maintenance Work shall not be deemed an
acceptance and Contractor will be required to correct defective Work or
materials at any time before acceptance. Within one (1) year from the date o
acceptance clue to faults in workmanship or materials, Contractor shall begin
making the necessary repairs to the satisfaction of City within fourteen (14)
calendar days of receipt of written notice from City. Such Work shall include the
repair or replacement of other Work or materials damaged or affected b
making the above repairs or corrective work all at no additional cost to City. in
the case of Work materials or equipment for which warranties are required by
the special provisions of the Contract Documents, Contractor shall provide or
secure from the appropriate subcontractor or supplier -such warranties
addressed to and in favor of City and deliver same to City prier t ► final
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techniques, sequences and procedures, and for coordinating all portions of the
Work required by the Contract documents, Contractor shall be responsible to
City for the acts and omissions of its employees, subcontractors and their
agents and employees and other persons providing any of the Work.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the
progress of the Work. The superintendent shall represent and be the community
agent of Contractor and communications given to the superintendent shall be as
binding as if given to Contractor, Important communications shall be confirmed
In writing. The designated superintendent shall be designated for each project
and communicated to City before the Work is performed.
11. PROGRESSSCHEDULE: Contractor shall, immediately after
entering into this Agreement, generate an estimated Work progress schedule,
which shall be maintained and updated during the project. Work may progress
during regular City business hours only if it is determined by City not to disturb
normal operations.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, casts and
expanses, including reasonable attorney and expert witness fees, arising from,
or alleged to have arisen from, relating to, arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, Work or services of
Contractor, its agents, employees, or any tier of Contractor's subcontractors in
the: performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of Contractor or its
subcontractors in the performance of the Work under this Agreement or any
subcontract. Contractor's duty to defend, hold harmless and indemnify City, its
special districts, elected and appointed officers, officials, agents, and
employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom
caused by an Contractor's acts, errors,mistakes,emissions,work or services in
the performance of this Agreement including any employee of Contractor, any
tier of Contractor's subcontractor or any other person for whose acts, errors,
mistakes, omissions, Work or services Contractor may be legally liable, but only
to the extent caused by the negligence, recklessness or intentional wrongful
conduct of Contractor or any tier of Contractor's subcontractors or any other
person for whose acts, errors, mistakes, omissions, Work or services
Contractor may be legally liable in the performance of the Work under this
Agreement or subcontract. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope
!
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may arise in the prosecution of Contractor's Work, under this Agreement.
Coverage shall be on an occurrence basis with a limit not less than $1,000,000
per occurrence, and the policy shall be issued by the same insurance company
that issues Contractor's Commercial General Liability insurance.
Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Contractor's owned, hired,
and non-owned vehicles assigned to or used in performance of Contractor's
Work. Coverage will be at least as broad as coverage code 1, "any auto",
(Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent
thereof). Such insurance shall include coverage for loading and riff-loading
hazards. If hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
Imposed by federal and state statutes having ,jurisdiction of Contractor's
employees engaged In the performance of the Work; and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit
By execution of this Agreement, Contractor certifies as follows:
91 am aware and understand tand the provisions of A.R.S. § 23-901 et seq.
which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
If Contractor has no employees for whom workers' compensation Insurance is
required, Contractor shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
In case any work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Contractor.
Certificates of Insurance
Prior to commencing Work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
is �. i � i i. i i is ii
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agreement* All such changes shall be affected by written order and shall be
binding upon City and Contractor.
17. SUCCESSORS ASSIGNMENT & DE1_EGATI : City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all
covenants, agreements and obligations contained in the contract documents.
Neither Party to the contract shall assign the contract or sublet it as a whole or
delegates the duties thereunder, without the written consent of the other, nor
shall Contractor assign any monies due or to become due to it without the
previous written consent of City.
18. WRITTEN NOTICE Written notice shall be deemed to have been
duly served if delivered in person to the individual or member of the firm or
entity, or to an office of the corporation for whom it was intended or if delivered
at or sent registered or certified mail, return receipt requested, and first-class
postage prepaid to the last business address known to them who gives the
notice.
19. CLAIMS FOR DAMAGES; Should either Party to the contract suffer
injury or damage to personal property because of any act or omission of the
other Party or of their employees or agents for whose acts they are legally liable,
claims shall be made in writing to other parties within a reasonable time
after the first observance of such injury or damages.
28. PAYMENT ,& PERFORMANCE BONDS: City shall have the right to
require Contractor to furnish bonds covering the faithful performance of the
contract and the payment of all obligations arising hereunder. When required,
standard bond forms must be completed by Contractor, and Contractor agrees
to conform to all provisions set forth in such forms.
21. SAFETY. Contractor "and/or its subcontractors shall be solely
responsible for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be i
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them
under the contract, nor shall any action or failure to act constitute an approval
of or an acquiescence to any breaches hereunder except as may be specifically
agreed to in writing.
3. FORCE MA.JiEURE: Neither City nor Contractor, as the case may be
shall be considered not to have performed its obligations under this Agreement
9
in the event of enforced delay (an "Enforced Delay„) due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or mat+erialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or +eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, "sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Contractors, subcontractors, vendors
or investors desired by Contractor in connection with the obligations under this
Agreement. Contractor agrees that Contractor alone will bear all risks of delay
which are net Enforced relay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the party
claiming delay shall be extended for a period of the Enforced Delay; provided,
however, that the Party seeking the benefit of the provisions of this Section
shall, within thirty (30) calendar days after such Party knows or should know of
any such Enforced Delay, first notify the other party of the specific delay in
writing and claim the right to an extension for the period of the Enforced Delay;
and provided further that in no event shall a period of Enforced Delay exceed
ninety(90) calendar days.
24. TERMINATION:
A. TERMINATION BY CITY. City shall be permitted to terminate this
Agreement if in the discretion of the city manager or his or her designee, they
believe Contractor has failed to meet the terms of this Agreement. City shall
provide Notice of Termination to Contractor by Certified U.S. Mail ten (10)
calendar days before such termination takes effect.
B. TERMINATION BY CONTRACTOR: Contractor may terminate this
Agreement of City fails to make payment as agreed upon in this document. Any
other termination will be deemed a breach of contract by Contractor.
Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten
10) calendar clays before such termination takes effect.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and male available to City for inspection on request. Contractor shall
maintain records for a period of at least two ( ) years after termination of this
Agreement and shall make such records available during that
10
retention period for examination or audit by City personnel during regular
business hours.
26. AMENDMENT: It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this Agreement shall be
valid unless made in writing and signed by the Parties hereto, and that oral
understandings or agreements not incorporated herein shall not be binding can
the Parties. The representatives of the Parties (signatory for Contractor noted
below or his or her designee, and the City Manager,or his or her designee), shall
be authorized to execute future amendments or extensions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto. Written and signed
amendments shall automatically become part of the supporting documents, and
shall supersede any inconsistent provision therein;provided, however, that any
apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
28. EVE BILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably passible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties ;as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments,instruments and consents necessary to accomplish and
to dive effect to the purposes of this Agreement, as reformed.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement
30. CONFLICT OF INTEREST: This Agreement is subject to, and may be
terminated by City in accordance with, the provisions of A.R.S. S 38-511.
11
31 t PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT OF THE STATE OF I RAEL The Parties acknowledge A.R.S.
393_ through 35-393.03, as amended, which forbids public entities from
contracting with Contractors who engage in boycotts of the State of Israel.
Should Contractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of laver. Any such boycott is a material breach of contract.
32. CERTIFICATION PURSUANT 35-394. In accordance with
,Arizona Revised Statutes § 35 9 ., CotraOctorRhereb certifies and r y agrees that
Contractor does not currently and shall not for the duration of this Agreement
use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, )
any services or goods produced by the forced labor of ethnic Uyghurs in the
People's Republic of China, and/or ) any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced by
the forced labor of ethnic Uyghurs in the People's Republic of Chin,. If
Contractor becomes aware during the term of this Agreement that Contractor is
not in compliance with this Section, there contractor shall notify the City within
five (5) business clays after becoming aware of such noncompliance. If
Contractor does not provide the City with written certification that Contractor
has remedied such noncompliance within one hundred eighty (180) days after
notifying the City of such noncompliance, this Agreement shall terminate,except
that if the Agreement termination elate occurs before the end of such one
hundred eighty(180) clay remedy period,this,Agreement shall terminate on such
contract termination date.
33. COMPLIANCE WITH FEDERAL AND STATE LAVYS. Contractor
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 3-214(A). Contractor further warrants that after hiring an employee,
Contractor will verify the employment eligibility of the employee through the E-
Verify program. If;Contractor uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
2'14(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E#Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement than is subject to penalties up to and including
termination of this Agreement. Contractor is subject to a penalty of $100 per
day for the first violation, $500 per day for the second violation, and $1,€00 per
day for the third violation. City at its option may terminate this Agreement after
the third violation. - Contractor shall not be deemed in material breach of this
12
Agreement if the Contractor and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in
A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any
Contractor or subcontractor employee who works under this Agreement to
ensure that the Contractor or subcontractor is complying with the warranty.
Any inspection will be conducted after reasonable notice and at reasonable
times. if state law is amended, the (Parties may modify this paragraph consistent
with state law.
------SIGNATURES T4 BE ON FOLLOWING PAGES----
1
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this day of
, 2023.
CONTRACTOR
` ►`"'+f SUNLAND ASPHALT& CONSTRUCTION
LLC,a Delaware ' it liability company
a
By: Alex DeClu in
A01
. Its: Vice President
CITY:
CITY OF AP'ACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By:Walter"chi ,,Wile►
Its. Mavor ,
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
1
STATE OF A RIZ NA
)sst
County o MARI OPA
The foregoing was subscribed and sworn to before me this
day of , 2023, by Alex DeClu in as
Vice President of Sunland Asphalt& Construction LLC,
a Delaware limited liability company.
y c
Stephanie
Notar Public La` in
if
My Commission Expires:
August 27,2{ 2 fsilN
Arir
unty
611476
RM
ug 7,2024
STATE OF ARIZONA �
COUNTY OF PINAL }
The foregoing was subscribed and sworn to before me this
day of , 2023, by Walter"Chip"Wilson, as Mayor of the City of
Apache Junction, Arizona, an Arizona municipal corporation.
otary Public
My Commission Expires:
Exhibit A
-----------
3030S. 7 1H STREET, , AZ 85040
UNLANCLASPHALT ����� PHONE: 602.323.2800 WWW.SUNLAND; ii f,s """"XOM
),ZP,0(4 ilr22 1 A.2P"}tt}�ii8+
To. City of Apache Junction Contact: Shane Kiesow
Address. 575 E Baseline Ave Phone. 480 474 8515
Apache Junction,AZ 85119 US Fax: 480 982 8005
Project Name. City Of Apache Junction-Azure Skies UTBWC Residential Bid Number. PH021045
Project Location; 100 S Gold Dr,Apache Junction,AZ Bid Date. 7/24/2023
Bid in Accordance with the I GOVERMENTAL PROCUREMENT ALLIANCE(IGPA)
Con 22-15P-04—Asphalt and Related Surfaces-Awarded June 28,2022
UNIT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST--ZONE#
Item Description Estimated Quantity Unit Unit Price Total Price
Ewe 98,700.00 SF $0.54 $53,298,00
7 Font Edge Mil,Taper Mill 1.25 Inch.Approx.14,000 LF Of Edge line.
Power Sweep/Clean Asphalt Surface.
Full Width Mill-_112icilill Dr 12nd Ave To 211!1;ua Train 3,400.00 SY $2.20 $7,480.00
Mill Asphalt Full Depth At 1.25"Or Less In Order To Obtain Finished
Pavement Elevation At 114"Above lip Of Gutter.
Power Sweep/Clean Asphalt Surface.
PowUTBWC Clean As 26,600.00 SY $1 .88 $395,808.00
Power Sweep/Clean Asphalt Surface.
Apply CRS-2P At A Rate Of 0.20 Gallons Per Square Yard As A Tack Goat
For The Overlay.
Overlay Approx.With 318"ultra Thin Bonded Wearing Course To An
Average Finished Depth Of 1.5"After Compaction With A Steel Wheeled
Vibratory Roller.
This Proposal Is Based On Performing The Work In 1 Mobilization,
Pre-Lower tltilijy Adiu ants 13.00 EACH $525.00 $6,825.00
Pre-Lower 12 Man Holes And 1 Water/Gas Valve.
Fin Adjust Utility AdAll1ents 21.00 EACH $700.00 $14,700.00
Final AdJust 20 Man Holes And 1 WaterGas Valve.
Pavement Marko 1.00 LS $650.00 $650.00
Paint 3 Stop Bars On Pavement Using 2 Coats Of White Latex Traffic
Paint,
Concrct Re it Altt>eyan a 20200. SF $22.50 $49,500.00
Cleo And Haut Off 2,200 Square Feet Of Existing Concrete At 9"
Thickness.
Form And Pour 2,200 Square Feet Of 9"Thick Concrete Valley Gutter.
hail Repairs Contingen t 1.00 L
$5,000.00 $5,000.00
Bid Price Subtotal. $533,261.00
Total Arizona State,Pinal County And City Of Apache Junction Taxes .9150d4. $3 ,542.39
Total Bid Price: $564,803.39
Notes:
• Material pricing isgoW through 12-30-2023.
. Arizona State,Pinal County and City of Apache Junction Tax At S.915%Is Included in Pricing.
CERTIFICATE OF LIABILITY INSURANCE
DATE( D )
813/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the oli y(ies}must have ADDiTtONAL INSllRED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policy may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such end elet{s},
PRODUCER EA T
Reseco Insurance Advisors,LL
791 hi. 1th Street, Pic rio 82-753 425h 502-419-2242
Suite 100 E MAIc
ADDREsss certificates.@resecoadvisors.com
PtltlenlX AZ 85029
INSURERS AFFORDING COVERAGE NAIL*
_.
INSURER A;Palomar Excess and Surplus Insurance Company 16754
tSand Asphalt Construction,LLC NSURED ss3a INSURER .Endurance American Insurance o 1t3641
1625 E. Northern Avenue INSURER c.National Union Fire Insurance Goof Pittsbur 19445
Phoenix AZ 85020 INSURERD.Homesite insurance Co -of Floridan 11156
INSURFA E Travelers Excess and Surplus Lines Company 29696
INU R F
COVERAGES CERTIFICATE NUMBER,1359222423 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN R TYPE 9F INSURANCE POLICY EFF POLICY EXP
LTR POLICY NUMBER JMg2QW=IMM228= LINTS
C )C COMMERCIAL—GENERAL LIABILITY Y Y GL9925617 41112023 4I1l2024 EACH OCCURRENCE $2,000,000
OCCUR
PRg 1SE§,{�accurrerce} $500,000
® MED EXP(Any.0 Fwrsori) $25,000
——-----_- —.. PERSONAL&ADV INJURY $1,o110.000
GENt AGGREGATE LIMIT APPLIES PER', GENERAL AGGREGATE $4,000,000
POLICY X JERCC] � i LOC PRODUCTS=COMPIOPA G $4,000,0 0
]OTHER:
S
C AUTOMOBILE LI ILITY Y Y CA9775927 41112023 411/2024 MBINED IPIGLELtMIT $2,000,000
Ea a9der t
ANY AUTO BODILY INJURY(Per person) S
orrED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Per accident) $
NE
HIRED
ONLY AUTOSSONLY PROPERTY t1A AGE $
Per accident
$
E X UMBRELLAL OCCUR Y Y CXP-016711_00 41112023 411/2024 EACHOCCURRENCE $15,000,000
EXCESS AS EXm2T42594A-- 2-NF 41112023 41112024 CLAIMS-MADE AGGREGATE $16,000.000
DEo RETErITlt�ta$ _.®..®_
C WORKERSCOMPE14SATIO Y 011569704 41112023 41112024 X $
AND EMPLOYERS'LIAeILr Y 1 N STATUTE 6RH
ANYPROPRiET[sRe1=AItTNEta1ExECUTIVE N 1 E,L.EACH AccictErtr 1.000.000 OFFICERFMEMBEREXCLUDED? L." 1
If
in NH) E.L.DISEASE EA EMPLOYE $1 000.000
It yes.dIFTION under E.L.DISEASE-POLICY —
---
DEGRIPTIOIv OF OPERATIONS below ._-�.. LIMIT $1,000,000
A Cytfsrl:t elnty PLM-CS- SKOFROY.X-002 124120 3 2124/2024 Aggregate Limit 5,000,000
B ProrlPoMlLat»it[y Y Y PNVIDOIS3977700 /1612023 2/16120 4 AggragatefEachClaim 5,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES)ACORD 101,Additional Remarks schedule,may Im attsehtit If mom spaco Isrequired)
Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and
non-contributory basis if rewired by written contract subl`ect to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder
applies to the General Liability,Automobile Liabili and Employers Liability/Workers Compensation if required by written contract subject to all provisions and
limitations of the policies. The above refer PxcsstUmbrella Liability policy is follow-form and provides additional limits of insurance for general Liability,
Automobile Liability and Employers LiabilityNVorkers Compensation.
The$50,000 is the limit for hired auto physical damage.Deductibles are$2501$500.
Cyber Liability includes Privacy,Security and Data Breach.
Re.Azure Skies Subdivision Overlay,Project No.S:ST23-12
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I
City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS.
575 E Baseline Ave
Apache Junction 511 �W=
ATIVE-
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 2 (2016103) The ACORD frame and logo are registered marks of ACORD
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.4.
File ID: 23-453
Sponsor:Jennifer Pena Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Proclamation designating the week of September 17 through September 23, 2023 as
"Constitution Week."
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
Proclamatt" on
CONSTITUTION WEEK
SEPTEMBER 17 THROUGH SEPTEMBER 23, 2023
WHEREAS, September 17, 2023, marks the two hundred and thirty-
sixth anniversary of the drafting of the Constitution of
the United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to officially recognize this
magnificent document and the anniversary of its
creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic
celebrations which will commemorate the occasion;and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation
each year by the President of the United States of
America designating September 17 through 23 as
Constitution Week.
NOW,THEREFORE,1,Chip Wilson,by virtue ofthe authority vested in me
as Mayor of the City of Apache Junction, Arizona, do hereby proclaim the
week of September 17 through 23 as
CONSTITUTION WEEK
IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal
of Apache Junction to be affixed the day of Stp���,2023.
Walter 'Chip"" Wils n
Mayor
ATTEST:
J10 fifer Pena
Ci Clerk
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.5.
File ID: 23-450
Sponsor: Chip Wilson Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.6.
File ID: 23-448
Sponsor: Bryant Powell Agenda Date:9/5/2023
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.7.
File ID: 23-449
Sponsor:Al Bravo Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.8.
File ID: 23-456
Sponsor: Nicholas Leftwich Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Presentation, discussion, public hearing, and consideration of Ordinance No. 1537, approving
a text amendment and adopting by reference that certain document titled "2023 Amendments
to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-7: Parking, Loading and Circulation Regulations"; repealing any
conflicting provisions; and providing for severability. This request was previously presented
and discussed at the City Council Work Session on July 17, 2023 and at the City Council
Public Hearing on August 1, 2023.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City ofApache Junction
Development Services Department
CITY COUNCIL STAFF MEMO
Date: September 5, 2023
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Nick Leftwich, Planner
Erika Hernandez, Associate Planner
Case Numbers: P-23-15-AM & P-23-16-AM
Subject: Ordinance No. 1537, Resolution No. 23-19
A proposed text amendment to Article 1-7 : Parking,
Loading and Circulation Regulations regarding
requirements for recreational vehicles, guest
parking, electric vehicle parking, accessible
parking, motorcycle, and bicycle parking.
Summary
Through months of discussion, study, and analysis Staff and the
Planning and Zoning Commission have evaluated the city' s parking
conditions and needs to draft verbiage to amend the Apache
Junction City Code, Volume II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-7 : Parking, Loading and Circulation
Regulations .
The variety of matters have been presented to the City Council
through the cases P-23-15-AM, which is concerned with the
recreational vehicle parking standards, and P-23-16-AM, which is
concerned with the parking requirements for guest parking,
accessible parking, motorcycles, bicycles, and electric
vehicles .
Having refined a final draft comprising the edits and language
agreed upon by the City Council, Ordinance No. 1537 now proposes
to amend the affected portions of Article 1-7 : Parking, Loading
and Circulation Regulations with the text provided in the
document "2023 Amendments to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-7 : Parking, Loading and Circulation Regulations . " The
affected portions are identified in the redlined version of this
document, provided as Exhibit #4 "Redlined Version: 2023
1
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations
September 5,2023 City Council Staff Memo
City ofApache Junction
Development Services Department
Amendments to Article 1-7 : Parking, Loading and Circulation
Regulations . "
Draft Resolution No. 23-19 adopts the document entitled "2023
Amendments to 1-7 Parking, Loading and Circulation Regulations"
as public record so that it may be adopted by reference in
Ordinance No. 1537, pursuant to A.R. S . § 9-802 .
Attachments:
• Exhibit 1: Ordinance No. 1537
• Exhibit 2: Resolution No. 23-19
• Exhibit 3: 2023 Amendments to the Apache Junction City Code, Volume
II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-7:
Parking, Loading and Circulation Regulations
• Exhibit 4: Redlined Version: 2023 Amendments to Article: 1-7
Parking, Loading and Circulation Regulations
• Exhibit 5: P-23-15-AM Planning and Zoning Commission Staff Report
• Exhibit 6: P-23-16-AM Planning and Zoning Commission Staff Report
2
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations
September 5,2023 City Council Staff Memo
ORDINANCE NO. 1537
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, BY REPEALING AND REPLACING PORTIONS OF
ARTICLE 1-7 : PARKING, LOADING AND CIRCULATION
REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN
DOCUMENT ENTITLED "2023 AMENDMENTS TO THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE,
CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-7 : PARKING,
LOADING AND CIRCULATION REGULATIONS"; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PENALTIES.
WHEREAS, on December 13, 2022, the planning and zoning
commission directed staff to research and provide
recommendations to modify the parking regulations of the Apache
Junction City Code ("A. J.C.C. ") , Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading
and Circulation Regulations, to address the parking of
recreational vehicles with integrated horse trailers, guest
parking, and other related parking requirements; and
WHEREAS, the planning and zoning commission met on February
14, 2023, April 11, 2023, and May 9, 2023 with a city council
discussion on July 17, 2023 on the proposed amendments; and
WHEREAS, the planning and zoning commission also recommended
to the city council on June 27, 2023, in a vote of 5 : 1, the
approval of code language relating to the parking of vehicles with
integrated horse trailers; and
WHEREAS, the planning and zoning commission also recommended
to the city council on June 27, 2023, in a vote of 6 : 0, the
approval of code language relating to guest, bicycle, motorcycle,
electrical vehicle, and general accessible parking requirements;
and
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R. S . ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and at least one paper copy is filed
with the city clerk and an electronic copy is accessible on the
city' s website, with both made available for public use and
inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include parking, loading and circulation regulations; and
ORDINANCE NO. 1537
PAGE 1 OF 3
WHEREAS, city staff has determined that for administrative
efficiency and to reduce the publication costs, it is more
appropriate to update the city code by adopting the affected
text by reference; and
WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would have on the
cost to construct housing for sale or rent.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
1 . That the existing Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-7 : Parking, Loading and Circulation Regulations, be
amended by repeal and replacement as referenced in the
document noted in #2 below.
2 . That certain document known as the "2023 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking,
Loading and Circulation Regulations", of which at least one
paper copy is on file with the city clerk and one
electronic copy of which is accessible on the city' s
website (www. apachejunctionaz .gov) , and which document was
made a public record by Resolution No . 23-19, is hereby
referred to, adopted and made a part hereof as if fully set
out in this ordinance, pursuant to A.R. S . § 9-802 .
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 by reference 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 by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
ORDINANCE NO. 1537
PAGE 2 OF 3
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 II, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, §1-16-16 Violations,
Penalties and Enforcement.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2023 .
SIGNED AND ATTESTED TO THIS DAY OF , 2023 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1537
PAGE 3 OF 3
RESOLUTION NO. 23-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "2023 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-7 : PARKING, LOADING AND
CIRCULATION REGULATIONS"; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R. S . ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and one paper copy is filed with the
city clerk and an electronic copy is accessible on the city' s
website, with both made available for public use and inspection;
and
WHEREAS, pursuant to A.R. S . 9-801 (1) and 9-802, such
codes include parking, loading and circulation regulations; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
SECTION I IN GENERAL
1 . That certain document entitled the "2023 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking,
Loading and Circulation Regulations", of which at least one
paper copy is on file with the city clerk and one
electronic copy of which is accessible on the city' s
website (ww_w. apachejunctionaz .gov) , is hereby declared to be
a public record,and shall be made available for public use
and inspection.
RESOLUTION NO. 23-19
PAGE 1 OF 2
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutions and parts of resolutions in conflict with the
provisions of this resolution 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 resolution 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2023 .
SIGNED AND ATTESTED TO THIS DAY OF 2023 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 23-19
PAGE 2 OF 2
2023 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 11, LAND
DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-7:
PARKING, LOADING AND CIRCULATION REGULATIONS
ARTICLE 1-7: PARKING, LOADING AND CIRCULATION REGULATIONS is amended
in its entirety, as follows:
§ 1-7-1 INTENT.
This chapter of the Zoning Code is intended to provide for adequate off-street parking spaces
and help prevent congestion of city streets. Proper design of, and access to, parking facilities
shall be required in order to protect the public health, safety and welfare.
§ 1-7-2 APPLICATION.
Existing parking, loading and circulation areas that were legally established prior to the
effective date of this Chapter are allowed to continue. However, new development, or
redevelopment and/or additions where 50% or more expansion of the existing building floor area
occurs, shall be subject to these parking regulations.
§ 1-7-3 PARKING STANDARDS.
(A) Number of stalls required. Apache Junction City Code, Yol. ll,_§ 1-7-3, jabje 7-1 sets
forth the minimum number of required parking spaces for different land use types.
(B) Uses not identified in Table 7-1. The Zoning Administrator shall determine the parking
requirement for uses that do not closely correspond to the categories listed in Apache Junction
City Code, Vol. 11,_§ 1-7-3, Table 7-1. In such instances, the applicant shall provide the following
information for staff review and determination:
(1) Explanation of proposed uses;
(2) Number of employees;
(3) Building design capacity;
(4) Gross floor area (square feet);
(5) Proposed on-site parking spaces;
(6) Proposed off-site parking spaces;
(7) Hours of operation; and
(8) Analysis of proposed parking demand,
[2023] Page 1
TABLE -1: NUMBER OF PARKING STALLSREQUIRED
CLASSIFICATION NUMBER OF SPACES REQUIRED'
Residential
Single-family dwelling residential 2 spaces per dwelling unit.
Studio or efficiency residential 1 space per dwelling unit.
One-bedroom apartment 1.5 spaces per dwelling unit.
Two or more bedroom apartment 2 spaces per dwelling unit.
Guest parking of multi-family style .3 spaces per dwelling unit
communities, townhomes and
condominium subdivisions
Independent senior housing Based on specific project need as determined by the Zoning
Administrator.
Assisted living senior housing Based on specific project need as determined by the Zoning
Administrator.
Nursing home 1 space per 3 beds.
Group home Based on specific project need as determined by the Zoning
Administrator.
Manufactured home or RV in park 1 space per unit space; plus 1 visitor parking space per 10 unit
spaces; and parking spaces to meet the needs to any
commercial; office or public assembly.
Manufactured home in subdivision 2 spaces per dwelling unit.
Rooming house or boarding house 1 space per guest room; plus 1 space for resident manager.
Commercial
Retail and/or Office Sales and Service 1 space for each 300 sq. ft. of gross floor area
Restaurant/bar/nightclub (indoor area) 1 space for each 100 sq. ft. of customer accessible area and 8
spaces of stacking in the drive-through area. Stacking shall be
from the pick-up/final window back.
[2023] Page 2
Restaurant/bar/nightclub (outdoor 1 space per 200 sq. ft. of seating/service area outdoors, in
area) addition to required parking for indoor uses.
Medical and dental offices/clinics 1 space for each 200 sq. ft. of gross floor area.
Lodging (hotel/motel/bed and 1 space per room, plus 1 space per 200 square feet of meeting,
breakfast) banquet and restaurant space not solely intended for hotel
guests and/or staff.
Indoor amusement center (including 1 space per 200 square feet of gross floor area.
bowling alleys)
Funeral home 1 space per 4 seats.
Hospital 1.5 spaces per bed.
Vehicle service and/or sales 1 space for each 300 sq. ft. of gross floor area for
office/display/seating, plus 2 spaces per service bay.
Swap meets/farmer's markets Based on specific project needs as determined by the Zoning
Administrator.
Amusement park, fairground or Based on specific project need as determined by the Zoning
transient show Administrator.
Arena, stadium, auditorium or theater 1 space for every 5 seats (20 inches of bench or pew shall be
considered 1 seat).
1 space per 200 square feet of gross floor area if not permanent
seats.
Institutional
Private lodges and clubs (no overnight 1 space per 200 square feet of gross floor area.
lodging)
Religious assembly 1 space for every 8 seats in the principal auditorium (20 inches
of bench or pew shall be considered 1 seat). If no fixed seating
is provided, 1 space is required for every 50 sq. ft. of
sanctuary/primary assembly area.
[2023] Page 3
Outdoor recreational facilities Based on specific project need as determined by the Zoning
Administrator.
Schools 1 space per 200 square feet of gross floor area.
Day care/nursery 1 space per 300 square feet of gross floor area.
Library and museum Based on specific project need as determined by the Zoning
Administrator.
Industrial
Industrial and warehousing 1 space per 1,000 square feet gross floor area of industrial,
manufacturing and warehouse space, plus 1 space per 300
square feet of office space.
'Fractional parking stall calculations should be rounded to the nearest whole number. For example, a
parking stall requirement for 10.3 stalls should be rounded to 10 stalls, whereas a requirement for 10.7
stalls should be rounded to 11 stalls.
(C) Parking stall size. Parking stall and aisle dimensions shall comply with Apache Junction
City Code, Table 7-2.
TABLE 7-2: PARKING STALL AND AISLE DIMENSIONS
Angle of Stall Curb Length Per Staff One-Way Aisle Two-Way Aisle
Parking Width Stall Depth Width Width
Parallel 9101, 22'0" 9101, 12' 20'
300 9101, 18'0" 17'4" ill 20'
40o 9101, 14'0" 192" 12' 22'
45' 9101, 12'9" 19,101, 13' 24'
50' 9101, 11,91, 20'5" 15' 24'
600 9f0ll 1 UY 2 l'O" 18' 24'
700 9101, 9'8" 2 1'0" 19, 24'
90, 9101, 9101, 18'0" 24' 24'
[2023] Page 4
Curb Angle of
Len th # Parking
ki
Mall
Depth
4
Aisle
Width
Note: Up to 20% of the total required parking spaces may be compact spaces with minimum 9'
by 16' stall dimensions for 90 degree parking.
( ) Multiple uses. Where there are multiple uses within a structure or property, the minimum
standards shall apply to each use, except as provided in Apache Junction City Code, Vol. II
1- -3(F) and 1- - (G) regarding shared parking facilities.
( ) Parking location.
(1) Business and multi-family zoned properties. Parking shall only be allowed in approved
parking spaces and shall be located on-site, except as provided below in Apache Junction City
Code,Yol. Il, . 1- -3(F). Parking spaces shall be located and designed to prohibit backward
movement of a vehicle onto a public right-of-way, except for single-family and duplex dwellings.
Bumper guards or wheel barriers shall be used in multi-family and non-residential parking areas
to prevent a parked vehicle from projecting into a public right-of-way, adjoining property or
sidewalk.
(2) Single-family residential properties.
(a) Parking for passenger vehicles, trailers, boats, all-terrain vehicles and other types
of vehicles and equipment (excluding heavy commercial equipment) shall be limited to the
driveway and to the side or the rear of the residence and shall not be parked or stored in the
front yard.
(b) Large trucks and recreational vehicle parking. Recreational vehicles shall be
considered the following: conventional travel trailers, fifth-wheel travel trailers, travel trailers with
expandable ends, folding camping trailers, tear drop trailers, motorhomes (Class A, Class B,
Class C), camper vans, horse trailers with living quarters and motorized and non-motorized toy
haulers. Recreational vehicles and large truck vehicles shall be licensed, operable and parked
in the side or rear yard behind the front facade of the residence, or in a completely enclosed
garage. Truck campers shall be excluded from regulations and not counted towards the
maximum allowance.
[2023] Page 5
(1) Single-family residential lots with a minimum of one (1) gross acre shall be able to
store one of the following options:
• Option 1: Two (2) unoccupied recreational vehicles.
• Option 2: One (1) unoccupied recreational vehicle and one (1) large truck vehicle
(e.g., semi-truck or dump truck) less than 24,000 pounds of empty weight.
(2) All other residential lots smaller than one (1) gross acre shall be limited to the storage
of one (1) unoccupied recreational vehicle or one (1) large truck vehicle.
(F) Off-site shared parking. Off-site/off-street shared parking may be allowed if all of the
following conditions are met:
(1) The off-site parking facilities are within 100 feet of the property;
(2) The Zoning Administrator determines that the total parking demand of all the uses
contributing to the parking at any 1 time is less than the total parking stalls required in
accordance with the shared parking calculation described in Apache Junction City Code, Vow
,
§_1-7-3(G); and
(3) A city approved perpetual parking easement/agreement for off-site/off-street parking
shall be executed by the parties and recorded in the County Recorder's office.
(G) On-site shared parking. Developments which contain a mix of uses on the same parcel
may reduce the amount of required parking in accordance with the following methodology:
(1) Step 1. Calculate the minimum parking requirements for each use in accordance
with Apache Junction City Code,Yol,��11�-7-3, Table 7-1;
(2) Step 2. Multiply the minimum parking amount for each use by the corresponding
percentages for each of the 5 time periods set forth in Columns (B) through (F) of Apache
Junction City Code, Vol. ll,§_1-7-3, Table 7-3;
(3) Step 3. Calculate the total for each time period; and
(4) Step 4. Select the total with the highest value as the required minimum number of
parking spaces.
TABLE 7-3: SHARED PARKING CALCULATOR.
(A) Land Use Weekday Weekend (F) Nighttime
12:00 a.m. -
(B) Daytime (C) Evening (C) Daytime (E) Evening 6:00 a.m.
9:00 a.m. - 6:00 p.m. - 9:00 a.m. - 6:00 p.m. -
4:00 p.m. 12:00 a.m. 4:00 p.m. 12:00 a.m.
I I I
[2023] Page 6
Office/industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 75%
Restaurant 50% 100% 100% 100% 10%
Entertainment/ 40% 100% 80% 100% 10%
Commercial
(H) Maintenance of parking areas. The maintenance of required parking and loading facilities
are continuing obligations of the property owner or tenant. Parking surfaces shall be kept in a
clean, safe and well maintained condition. More specifically, the property owner shall restore the
parking surface to its original approved condition if parking surface areas become deteriorated
and/or emit dust particles into the air, as determined by the Development Services Engineer.
(1) Use of parking stalls. Required parking spaces shall be available for parking of vehicles of
residents, customers, patrons and employees, and shall not be used for inventory storage, extra
signage, outside retail sales, servicing or repair unless otherwise authorized by the city.
(J) Site plan. A scaled site plan illustrating existing and proposed off-street parking shall be
included in an application for development site plan approval and/or building permit where
parking is required. The site plan shall include the following:
(1) Delineation and size of individual parking spaces and aisles.
(2) Circulation area necessary to serve spaces.
(3) Driveway openings to streets.
(4) Curb and median cuts.
(5) Grading, drainage and surfacing details.
(6) Delineation of obstacles to parking and circulation within parking area.
(7) Specifications as to signs and bumper guards,
(8) Landscaping.
(K)-Access to public streets. Driveways and areas for loading, parking and maneuvering of
vehicles for multiple-family residential, business and institutional land use shall comply with
Apache Junction City Code, Vol. 11, Chapter 10, Engineering Design Guidelines and Policies.
[2023] Page 7
(L) Stormwater management. A parking area shall be subject to the runoff, drainage and
retention requirements of the Development Services Engineer.
(M)-Parking lot obstructions. No obstructions of any kind shall be permitted within any
designated parking space except for approved landscaping, retention basins, lighting, curbing,
walkways or shopping cart corrals.
(N) Blocked stalls. No parking space shall be located or used in a manner as to block access
to another parking space, except in a parking lot with a parking attendant having access to each
vehicle's keys or as part of an approved planned development ("PD") rezoning site plan.
(0) Lighting. Parking area lighting shall not create unsafe glare to motorists and shall be
designed and installed in accordance with Apache Junction City Code, Vol. II Article 1-10.
(P) Signage. Directional signs and pavement markings shall be used to control vehicular
movement in a parking area. Signs shall be limited to 2 square feet each, and an aggregate
total not to exceed 20 square feet. No sign of any kind other than those indicating entrances,
exits, name of establishment to which the parking area is accessory, or conditions of use shall
be erected.
(Q) Surface grade. No driveway over 300 feet long shall exceed a 10% grade, and no
driveway shall exceed a 17% grade.
(R) Shared access. Common driveways between adjacent properties are encouraged and
may be required as a condition of site plan approval. A perpetual cross access and
maintenance agreement between the adjoining properties shall be required in a form approved
by the City Attorney.
(S) Parking lot surface. The following requirements shall apply to loading spaces,
maneuvering areas, and driveways for new development or redevelopment and/or additions
where 50% expansion of the existing building floor area occurs, shall be surfaced as follows:
(1) B-1, B-3, B-4, B-4, RM-1, RM-2 and RM-3 Zoning Districts. Asphalt, concrete or
masonry pavers installed at a depth approved by the Development Services Engineer shall be
required for new development or redevelopment and/or additions where 50% expansion of the
existing building floor area occurs.
(2) B-2 (Old West District), A minimum depth of 3 inches of 1/2 minus compacted
decomposed granite or other dust controlling material approved by the Development Services
Engineer, and which complies with the American Disabilities Act ("ADA"), shall be allowed. The
design and layout of the unpaved parking and circulation area shall be subject to the Zoning
Administrator's determination that the unpaved parking area layout provides safe and
manageable parking and circulation.
(3) Air quality control. Existing and future parking surfaces shall comply with air quality
control requirements (i.e., PM-1 0) as set forth in Ordinance No. 1316, and as amended in the
future,
[2023] Page 8
(T) Landscaping. Parking lot landscaping shall be designed and installed in accordance
with Apache Junction City Code, Vo H 1-8-6(E).
(U) Accessibility standards. Accessible (persons with disabilities) parking and pedestrian
access shall be designed and installed in accordance with the American with Disabilities Act
(ADA), as amended. The minimum number of accessible parking spaces shall be provided per
the ADA standard, based on the total number of parking spaces provided, as depicted in
Apache Junction City Code, Vol. 11 § 1-7-3, Table 7-4. At least one of every six spaces must be
van accessible.
TABLE 7-4: ACCESSIBLE PARKING SPACES.
Total Number of Parking Spaces Provided in a Minimum Number of Accessible Parking
Parking Lot or Facility Spaces Permitted
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus 1 for each 100, or fraction thereof,
over 1000
(V) Structured parking. The exterior elevations of any multi-level parking structure must be
designed so as to screen or conceal parked cars on the first and second floor from exterior
public view.
(W) Bicycle Parking. Bicycle parking spaces shall be provided to comply with Apache Junction
City Code,Vol. Ll,§ 1-7-3, Table 7-5. Bicycle parking spaces may be bicycle lockers or bicycle
racks. Bicycle racks are defined as a stationary object designed so that a bicyclist can secure
both the bicycle frame and wheels using a U-shaped lock or cable and lock. Notable rack
examples include:
ART RACK INVERTED U POST AND RING WHEEL-WELL SECURED
n
Alternative rack designs may be approved by administrative review, One bicycle rack may
[2023] Page 9
qualify as more than one bicycle parking space, provided that the rack is designed to allow for
multiple bicycles to be properly and easily secured at once.
TABLE 7-5: BICYCLE PARKING REQUIRED.
CLASSIFICATION NUMBER OF BICYLCE RACKS REQUIRED
Multi-Family Residential A minimum of 6 bicycle spaces shall be provided. 2 additional bicycle spaces
shall be provided for every 40 motor vehicle parking spaces required.
Commercial, Single 4 bicycle spaces shall be provided.
Tenant Location
Commercial, Multi-Tenant 12 bicycle spaces shall be provided.
Location
Industrial and 4 bicycle spaces shall be provided.
Warehousing
(X) Motorcycle and Scooter Parking. In non-residential parking lots, two (2) Motorcycle
Scooter parking stalls shall be provided out of every seventy-five (75) motor vehicle parking
spaces required.
(Y) Electric Vehicle Parking and Charging Stations. In non-residential and multi-family
residential parking lots, one (1) motor vehicle parking space out of every two-hundred fifty (250)
motor vehicle parking spaces shall be required to be equipped with an electric vehicle ("EV")
charging station that is at least of the Level 2 capacity. It is recommended that an additional
number of parking spaces are constructed with convenient access to electrical connections to
preemptively prepare for potential conversions of normal parking stalls to EV charging stations,
in case future demand were to require more charging stations.
(1) Level 2 EV charging stations are defined by their capacity to provide 30-80 amperes
using a 208 to 240 volt outlet, An EV charging station capable of simultaneously charging at 30
amperes or greater for each of two vehicles (also known as dual-port charging station) shall be
counted as two level 2 EV charging stations.
(2) Advertising signage placed on EV Charging stations shall not be visible from the right-
of-way and shall comply with all lighting requirements established in Apache Junction City
Code,VLqLlj,Art Ldp 1-10 of this Chapter, and the signage requirements in Apache Junction City
Code,Vol.j 1, Article 1.11 of this Chapter.
(3) Each EV charging station shall be clearly marked with a sign reading "Electric Vehicle
Charging Station."
[2023] Page 10
TABLE - ELECTRIC I LE PARKING SPACES.
Total Number of Parking Spaces Provided in a Minimumr of Electric Vehicle
Parkingr Facility ParkingcRequired
1 to 249
20 to 49 1
500 to 749 2
750 to 999
1000 or more 4
1-7-4 MODIFICATIONS AND APPEALS.
(A) Parking standard modification. If the number of proposed parking stalls does not comply
with the standards in Apache Junction City Code,Vol. II 1-7-3, T.able 7-1, the Zoning
Administrator may reduce the required number of stalls by up to 10% following review and
determination of the following:
(1) Technical evidence that the proposed use(s) generates a parking demand that is at
least 10% less than the required parking standard in Apache Junction City Code, Vol. -7-
Table 7-1; and/or
(2) Determination by the Zoning Administrator that a portion of the required parking can be
accommodated with existing public parking that is available within 100 feet of the property.
( ) Appeals. Variances and appeals to the parking standards shall be applied for and
processed through the Board of Adjustment and Appeals in accordance with Apache Junction
City Code, Vol. II, § 1-16-5.
1-7-5 LOADING FACILITY .
Off-street loading, unloading and the maneuvering of commercial vehicles shall be subject to
the following:
(A) Circulation. There shall be no loading or unloading of commercial vehicles on the public
street. Off-street maneuvering space shall be provided so that no backing onto or from a public
street is required.
(B) Screened. The loading area shall be screened from adjacent residentially zoned property
with a solid 8 foot high wall, and located to minimize visibility from a public street.
(C) Size. Off-street loading spaces shall be at least 12 feet wide and 35 feet deep, exclusive
of access aisles and maneuvering space.
1- -6 PRIVATE STREET STANDARDS.
(A) Private streets shall be a minimum of 28 feet in unobstructed width of paved surface
(back of curb to back of curb, if curbs are installed) with a 20-foot by 20-foot cutoff at
[2023] Page 11
intersections or a minimum turning radius of 20 feet. Narrower private streets may be permitted
subject to City Council, review and approval.
(B) A private street may be permitted where its use is logically consistent with a desire for
neighborhood identification and control of access and where special design concepts may be
involved, such as within planned development areas, manufactured home developments,
subdivisions or with CUPs.
(C) Private streets shall be subject to Planning and Zoning Commission recommendation,
City Council approval and the following requirements:
(1) Paving shall be installed according to City Engineering Guidelines for public residential
streets, or in accordance with subdivision regulations, if applicable. Curbs, gutters, sidewalks
and streetlights may be required by the Council. Alternative paving surfaces may be permitted
by the Development Services Engineer;
(2) Other requirements may be imposed by the Council for vehicular and pedestrian safety,
utilities and emergency vehicle access;
(3) Private streets shall not be allowed if, in the opinion of the City Council, a public street
would better serve the public health, safety and welfare, or the location of the private access
way presents a potential hazard to vehicular or pedestrian traffic at the intersection of the
private street with a public street; and
(4) City approvals shall be required for private streets. The design engineer shall be
responsible that their design meets the geometrical and structural street design requirements
and policies in accordance with general engineering standards. Testing and inspection for
conformance of construction to minimum requirements of approved plans shall be the
responsibility of the developer, who shall provide the city with proof that the requirements have
been satisfied prior to project acceptance.
(5) The maintenance of private streets is a continuing obligation of the property owners
and/or homeowner's association. Streets shall be kept in a clean, safe and well maintained
condition. More, specifically, the property owner and/or homeowner's association shall restore
the street to its original approved condition if parking surface areas become deteriorated and/or
emit dust particles into the air, as determined by the Development Services Engineer.
[2023] Page 12
2023 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 11, LAND
DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-7:
PARKING, LOADING AND CIRCULATION REGULATIONS
ARTICLE 1-7: PARKING, LOADING AND CIRCULATION REGULATIONS is amended
in its entirety, as follows:
§ 1-7-1 INTENT.
This chapter of the Zoning Code is intended to provide for adequate off-street parking spaces
and help prevent congestion of city streets. Proper design of, and access to, parking facilities
shall be required in order to protect the public health, safety and welfare.
§ 1-7-2 APPLICATION.
Existing parking, loading and circulation areas that were legally established prior to the
effective date of this Chapter are allowed to continue. However, new development, or
redevelopment and/or additions where 50% or more expansion of the existing building floor area
occurs, shall be subject to these parking regulations.
§ 1-7-3 PARKING STANDARDS.
(A) Number of stalls required. 4-7-§Apache Junction City Code, Vol. 11 -7-
3, Table 7-1 sets forth the minimum number of required parking spaces for different land use
types.
(B) Uses not identified in Table 7-1. The Zoning Administrator shall determine the parking
requirement for uses that do not closely correspond to the categories listed in -V-G[,.-I:U— -j- 7&
A =_
Apache Junction City Code, Yol, 11.,�1-7-�3, Table 7-1,. In such instances, the applicant shall
provide the following information for staff review and determination:
(1) Explanation of proposed uses;
(2) Number of employees;
(3) Building design capacity;
(4) Gross floor area (square feet);
(5) Proposed on-site parking spaces;
(6) Proposed off-site parking spaces;
(7) Hours of operation; and
(8) Analysis of proposed parking demand.
[2023] Page 1
TABLE 7-1: NUMBER OF PARKINGLREQUIRED
CLASSIFICATION NUMBER OF SPACES REQUIRED'
Residential
Single-family dwelling residential 2 spaces per dwelling unit.
Studio or efficiency residential 1 space per dwelling unit.
One-bedroom apartment 1.5 spaces per dwelling unit.
Two or more bedroom apartment 2 spaces per dwelling unit.
Guest parking of multi-family style .3 spaces per dwelling unit
communities, townhomes and
condominium subdivisions
Independent senior housing Based on specific project need as determined by the Zoning
Administrator.
Assisted living senior housing Based on specific project need as determined by the Zoning
Administrator.
Nursing home 1 space per 3 beds.
Group home Based on specific project need as determined by the Zoning
Administrator.
Manufactured home or RV in park 1 space per unit space; plus 1 visitor parking space per 10 unit
spaces; and parking spaces to meet the needs to any
commercial; office or public assembly.
Manufactured home in subdivision 2 spaces per dwelling unit.
Rooming house or boarding house 1 space per guest room; plus 1 space for resident manager.
Commercial
Retail and/or Office Sales and Service 1 space for each 300 sq. ft. of gross floor area
[2023] Page 2
Restaurant/bar/nightclub (indoor area) 1 space for each 100 sq. ft. of customer accessible area and 8
spaces of stacking in the drive-through area. Stacking shall be
from the pick-up/final window back.
Restaurant/bar/nightclub (outdoor 1 space per 200 sq. ft. of seating/service area outdoors, in
area) addition to required parking for indoor uses.
Medical and dental offices/clinics 1 space for each 200 sq. ft. of gross floor area.
Lodging (hotel/motel/bed and 1 space per room, plus 1 space per 200 square feet of meeting,
breakfast) banquet and restaurant space not solely intended for hotel
guests and/or staff.
Indoor amusement center (including 1 space per 200 square feet of gross floor area.
bowling alleys)
Funeral home 1 space per 4 seats.
Hospital 1.5 spaces per bed.
Vehicle service and/or sales 1 space for each 300 sq. ft. of gross floor area for
office/display/seating, plus 2 spaces per service bay.
Swap meets/farmer's markets Based on specific project needs as determined by the Zoning
Administrator.
Amusement park, fairground or Based on specific project need as determined by the Zoning
transient show Administrator.
Arena, stadium, auditorium or theater 1 space for every 5 seats (20 inches of bench or pew shall be
considered 1 seat).
1 space per 200 square feet of gross floor area if not permanent
seats.
Institutional
Private lodges and clubs (no overnight 1 space per 200 square feet of gross floor area.
lodging)
Religious assembly 1 space for every 8 seats in the principal auditorium (20 inches
of bench or pew shall be considered 1 seat). If no fixed seating
[2023] Page 3
is provided, 1 space is required for every 50 sq. ft. of
sanctuary/primary assembly area.
Outdoor recreational facilities Based on specific project need as determined by the Zoning
Administrator.
Schools 1 space per 200 square feet of gross floor area.
Day care/r4ur-seey nursery 1 space per 300 square feet of gross floor area.
Library and museum Based on specific project need as determined by the Zoning
Administrator.
Industrial
Industrial and warehousing 1 space per 1,000 square feet gross floor area of industrial,
manufacturing and warehouse space, plus 1 space per 300
square feet of office space.
-: 'Fractional parking stall calculations should be rounded to the nearest whole number. For example, a
parking stall requirement for 10.3 stalls should be rounded to 10 stalls, whereas a requirement for 10.7
stalls should be rounded to 11 stalls.
(C) Parking stall size. Parking stall and aisle dimensions shall comply with -�i t1--- - -
Apache Junction City Code,Vol. II, § 1-7-3, Table . - .
TABLE -2: PARKING STALLAISLE I I
Angle of Stall Curb Length Per Stall One-Way Aisle Two-Way Aisle
Parking Width Stall Depth Width Width
Parallel 910" 22'0" 910" 12' 20'
30' 910" 18'0" 17'4" 11' 20'
40' 910" 14'0" 19'2" 12' 22'
45' 9'0" 12'9" 19,10" 13' 24'
500 910" 11'9" 20'5" 15' 24'
600 910" 10'5" 21'0" 18' 24'
70' 910" 9'8" 21'0" 19, 24'
[2023] Page 4
90, 9101, 9101, 18'0" 24' 24'
Curb Angle of
Len th Parking
Stall
Depth
Aisle
Width
_
Note: Up to 20% of the total required parking spaces may be compact spaces with minimum 9'
by 16' stall dimensions for 90 degree parking.
( ) Multiple uses. Where there are multiple uses within a structure or property, the minimum
standards shall apply to each use, except as provided in Apache Junction City Code, `ol._ll,
1-7- (F)- and 1-7-3(G)41=4 regarding shared parking facilities.
( ) Parking location.
(1) Business and multi-family zoned properties. Parking shall only be allowed in approved
parking spaces and shall be located on-site, except as provided below in Apache Junction City
Code,`col. ll, 1-7- fl . Parking spaces shall be located and designed to prohibit backward
movement of a vehicle onto a public right-of-way, except for single-family and duplex dwellings.
Bumper guards or wheel barriers shall be used in multi-family and non-residential parking areas
to prevent a parked vehicle from projecting into a public right-of-way, adjoining property or
sidewalk.
((SECTION TO DE CONSIDERED UNDER THE TEXT I ENDI ENT CASE P-2 -15- ))
(2) Single-family - Wex residential properties.
(a) Parking for passenger vehicles 4 ° [kpAP..8 � h rve . ape : ,, ' 4
kkTA"d X`6 *F"k, p'
the -P o -v trailers, to ohlobs; boats, all-terrain vehicles and
other types of vehicles and equipment (excluding heavy commercial equipment) shall
be limited to the driveway and to the
side or the rear of the residence and shall not be parked or stored in the front yard.
(b) F)Large trucks and recreational vehicle parking. Recreational vehicles shall be
considered the following: conventional travel trailers, fifth-wheel travel trailers, travel trailers with
[2023] Page 5
expandable ends, folding camping trailers, tear drop trailers, motorhomes (Class A, Class B
Class C), camper vans, horse trailers with living;quarters and motorized and non-motorized toy
haulers. Recreational vehicles and large truck vehicles shall be licensed, operable and parked
in the side or rear yard behind the front facade of the residence, or in a completely enclosed
garage. Truck campers shall be excluded from regulations and not counted towards the
maximum allowance.
(1) Single-family residential lots with a minimum of one (1) gross acre shall be able to
store one of the following options`
• Option 1: Two (2) unoccupied recreational vehicles.
• Option 2: One(1) unoccupied recreational vehicle and one (1) large truck vehicle
(e.g., semi-truck or dump truck) less than 24,000 pounds of empty weight.
(2) All other residential lots smaller than one (1) gross acre shall be limited to the storage
of one (1) unoccupied recreational vehicle or one (1) large truck vehicle.
On : pie c-r-eatl al-v-ehio rr-,k...( Ygr d truck.)... t .
2-4;0 d. ffipt,we,+ght,-° ° r..�- , :: , era fl°'.„-ra�bx , d-or--parke
resid�tial.� rl� t+ sioe..or rr rd inl thfront faceF:t mid . o -ire
c7Gmplete4y-er+r-4Gsclkl..g.arage..-
((END OF SECIrION TO BE CONSIDERED UNDER THE TEXT AMENDMENT T CASE -23-1 a-AM))
(F)(G4 Off-site shared parking. Off-site/off-street shared parking may be allowed if all of the
following conditions are met:
(1) The off-site parking facilities are within 100 feet of the property;
(2) The Zoning Administrator determines that the total parking demand of all the uses
contributing to the parking at any 1 time is less than the total parking stalls required in
accordance with the shared parking calculation described in Apache Junction City Code," oi. 11
1-f-3(G)(t„1-); and
(3) A city approved perpetual parking easement/agreement for off-site/off-street parking
shall be executed by the parties and recorded in the County Recorder's office.
(G)( 1-) On-site shared parking. Developments which contain a mix of uses on the same
parcel may reduce the amount of required parking in accordance with the following
methodology:
(1) Step 1. Calculate the minimum parking requirements for each use in accordance
with tt� - 5 Apache Junction City Code,Yol, 11, 1-7-3, Table 7-1;
(2) Step 2. Multiply the minimum parking amount for each use by the corresponding
percentages for each of the 5 time periods set forth in Columns (B) through (F) of
Apache Junction City Code, /ol. 11. _ 3, Table 7-3; P
[2023] Page 6
(3) Step 3. Calculate the total for each time period; and
(4) Step 4. Select the total with the highest value as the required minimum number of
parking spaces.
TABLE 7-3: SHARED PARKING CALCULATOR.
(A) Land Use Weekday Weekend (F) Nighttime
12:00 a.m. -
(B) Daytime (C) Evening (C) Daytime (E) Evening 6:00 a.m.
9:00 a.m. - 6:00 p.m. - 9:00 a.m. - 6:00 p.m. -
4:00 p.m. 12:00 a.m. 4:00 p.m. 12:00 a.m.
Office/industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 75%
Restaurant 50% 100% 100% 100% 10%
Entertainment/ 40% 100% 80% 100% 10%
Commercial
(H)44 Maintenance of parking areas. The maintenance of required parking and loading
facilities are continuing obligations of the property owner or tenant. Parking surfaces shall be
kept in a clean, safe and well maintained condition. More, specifically, the property owner shall
restore the parking surface to its original approved condition if parking surface areas become
deteriorated and/or emit dust particles into the air, as determined by the Development Services
Engineer.
(1) ){J4 Use of parking stalls. Required parking spaces shall be available for parking of
vehicles of residents, customers, patrons and employees, and shall not be used for inventory
storage, extra signage, outside retail sales, servicing or repair unless otherwise authorized by
the city.
(J) � Site plan. A scaled site plan illustrating existing and proposed off-street parking shall
be included in an application for development site plan approval and/or building permit where
parking is required, The site plan shall include the following:
(1) Delineation and size of individual parking spaces and aisles.
(2) Circulation area necessary to serve spaces.
[2023] Page 7
(3) Driveway openings to streets.
(4) Curb and median cuts.
(5) Grading, drainage and surfacing details.
(6) Delineation of obstacles to parking and circulation within parking area.
(7) Specifications as to signs and bumper guards.
(8) Landscaping.
(K)-kW Access to public streets. Driveways and areas for loading, parking and maneuvering of
vehicles for multiple-family residential, business and institutional land use shall comply with
Apache Junction City Code, Vol. 11, Chapter 10, Engineering Design Guidelines and Policies.
(L)(M) Stormwater management. A parking area shall be subject to the runoff, drainage and
retention requirements of the Development Services Engineer.
(M),( Parking lot obstructions. No obstructions of any kind shall be permitted within any
designated parking space except for approved landscaping, retention basins, lighting, curbing,
walkways or shopping cart corrals.
(N)(0) Blocked stalls. No parking space shall be located or used in a manner as to block
access to another parking space, except in a parking lot with a parking attendant having
access to each vehicle's keys or as part of an approved planned development ("PD") rezoning
site plan.
(0)kR) Lighting. Parking area lighting shall not create unsafe glare to motorists and shall be
designed and installed in accordance with Apache Junction City Code, Vol. 11 Article 1-10.
(P)(Q) Signage. Directional signs and pavement markings shall be used to control vehicular
movement in a parking area. Signs shall be limited to 2 square feet each, and an aggregate
total not to exceed 20 square feet. No sign of any kind other than those indicating entrances,
exits, name of establishment to which the parking area is accessory, or conditions of use shall
be erected.
(Q) Surface grade. No driveway over 300 feet long shall exceed a 10% grade, and no
driveway shall exceed a 17% grade.
(R)4S,) Shared access, Common driveways between adjacent properties are encouraged and
may be required as a condition of site plan approval. A perpetual cross access and
maintenance agreement between the adjoining properties shall be required in a form approved
by the City Attorney.
(S)4T-) Parking lot surface. The following requirements shall apply to loading spaces,
maneuvering areas, and driveways for new development or redevelopment and/or additions
where 50% expansion of the existing building floor area occurs, shall be surfaced as follows:
[2023] Page 8
(1) B-1, B-3, B-4, B-4, RM-1, RM-2 and RM-3 Zoning Districts. Asphalt, concrete or
masonry pavers installed at a depth approved by the Development Services Engineer shall be
required for new development or redevelopment and/or additions where 50% expansion of the
existing building floor area occurs.
(2) B-2 (Old West District). A minimum depth of 3 inches of 1/2 minus compacted
decomposed granite or other dust controlling material approved by the Development Services
Engineer, and which complies with the American Disabilities Act ("ADA"), shall be allowed. The
design and layout of the unpaved parking and circulation area shall be subject to the Zoning
Administrator's determination that the unpaved parking area layout provides safe and
manageable parking and circulation.
(3) Air quality control. Existing and future parking surfaces shall comply with air quality
control requirements (i.e., PM-1 0) as set forth in Ordinance No. 1316, and as amended in the
future.
(T)- Landscaping. Parking lot landscaping shall be designed and installed in accordance
with Apache Junction City Code, Vol J1,,§_1&-6(E).
(U)-(V) Accessibility standards. Accessible (persons with disabilities) parking and pedestrian
access shall be designed and installed in accordance with the American with Disabilities Act
(ADA), as amended. The minimum number of accessible parking spaces shall be provided per
the ADA standard, based on the total number of parking spaces provided, as depicted in
Apache Junction City Code,Vol,
Table 7-4. At least one of every six spaces must be
van accessible.
TABLE 7-4: ACCESSIBLE PARKING SPACES.
Total Number of Parking Spaces Provided in a Minimum Number of Accessible Parking
Parking Lot or Facility Spaces Permitted
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus 1 for each 100, or fraction thereof,
over '1000
(V)-kM Structured parking. The exterior elevations of any multi-level parking structure must
be designed so as to screen or conceal parked cars on the first and second floor from exterior
public view.
[2023] Page 9
(W) Bicycle Parking, Bicycle parking spaces shall be provided to comply with Apache
Junction City Code, Vol. Il, 1--7 3, ble 1-5. Bicycle parking spaces may be bicycle lockers or
bicycle racks. Bicycle racks are defined as a stationary object designed so that a bicyclist can
secure both the bicycle frame and wheels using a U-shaped lock or cable and lock. Notable
rack examples include.
ART RACK INVERTED U POST AND RING WHEEL-WELL SECURED
Alternative rack designs may be approved by administrative review. One bicycle rack may
qualify as more than one bicycle parking space, provided that the rack is designed to allow for
multiple bicycles to be properly and easily;secured at once.
BICYCLETABLE 7-5: I
CLASSIFICATION NUMBER OF BICYLCE RACKS REQUIRED
Multi-Family Residential A minimum of 6 bicycle spaces shall be provided. 2 additional bicycle spaces
shall be provided for every 40 motor vehicle parking spaces required.
Commercial, Single 4 bicycle spaces shall be provided.
Tenant Location
Commercial, Multi-Tenant 12 bicycle spaces shall be provided.
Location
Industrial and 4 bicycle spaces shall be provided.
Warehousing
(X) ` Motorcycle and Scooter Parking. In non-residential parking lots, two (2) Motorcycle
Scooter parking stalls shall be provided out of every seventy-five (75) motor vehicle parking
spaces required.
(Y) Electric Vehicle Parking and Charging Stations. In non-residential and multi-family
residential parking lots, one (1) motor vehicle parking space out of every two-hundred fifty (250)
motor vehicle parking spaces shall be required to be equipped with an electric vehicle;("EV5)
charging station that is at least of the Level 2 capacity.;It is recommended that an additional
number of parking spaces are constructed with convenient access to electrical connections to
preemptively prepare for potential conversions of normal parking stalls to EV charging;stations,;
in case future demand were to require more charging stations.
[2023] Page 10
(1) Level 2'EV charging stations are defined by their capacity to provide 30`-80 amperes
using a 208 to 240 volt outlet. An EV charging station capable of simultaneously charging at 30
amperes or greater for each of two vehicles (also known as dual-port charging station)shall be
counted as two level 2 EV charging;stations.
(2) Advertising signage placed on EV Charging stations shall not be visible from the right-
of-way and shall comply with all lighting requirements established in Apache Junction City
Code,Vol, II Article.1-10 of this Chapter, and the signage requirements in Apache Junction City
Code,Vol II, Arcle 1-11 of this Chapter.
(3) Each EV charging station shall be clearly marked with a sign reading "Electric Vehicle
Charging Station."
TABLE 7-6: ELECTRIC VEHI L I .
Total Number of Parking Spaces Provided in a Minimum Number of Electric Vehicle
Parking t or Facility Parkingc ire
1 to 249 0
20 to 499 1
500 to 749 2
750 to 999 3
1000 or more 4
-7-4 MODIFICATIONS AND APPEALS.
(A) Parking standard modification. If the number of proposed parking stalls does not comply
with the standards in Y 4, Apache Junction City Code,Vol. Il, 1-7-3, Table 7-1, the
Zoning Administrator may reduce the required number of stalls by up to 10% following review
and determination of the following:
(1) Technical evidence that the proposed use(s) generates a parking demand that is at
least 10% less than the required parking standard in Apache Junction City Code,'
Vol. II, 1- - , Table 7-1; and/or
(2) Determination by the Zoning Administrator that a portion of the required parking can be
accommodated with existing public parking that is available within 100 feet of the property.
(B) Appeals. Variances and appeals to the parking standards shall be applied for and
processed through the Board of Adjustment and Appeals in accordance with Apache Junction
City Code,Vol. l l 1-11 6-5.
1-7-5 LOADINGFACILITY .
Off-street loading, unloading and the maneuvering of commercial vehicles shall be subject to
the following:
[2023] Page 11
(A) Circulation. There shall be no loading or unloading of commercial vehicles on the public
street. Off-street maneuvering space shall be provided so that no backing onto or from a public
street is required.
(B) Screened. The loading area shall be screened from adjacent residentially zoned property
with a solid 8 foot high wall, and located to minimize visibility from a public street.
(C) Size. Off-street loading spaces shall be at least 12 feet wide and 35 feet deep, exclusive
of access aisles and maneuvering space.
§ 1-7-6 PRIVATE STREET STANDARDS.
(A) Private streets shall be a minimum of 28 feet in unobstructed width of paved surface
(back of curb to back of curb, if curbs are installed) with a 20-foot by 20-foot cutoff at
intersections or a minimum turning radius of 20 feet. Narrower private streets may be permitted
subject to City Council, review and approval.
(B) A private street may be permitted where its use is logically consistent with a desire for
neighborhood identification and control of access and where special design concepts may be
involved, such as within planned development areas, manufactured home developments,
subdivisions or with CUPs.
(C) Private streets shall be subject to Planning and Zoning Commission recommendation,
City Council approval and the following requirements:
(1) Paving shall be installed according to City Engineering Guidelines for public residential
streets, or in accordance with subdivision regulations, if applicable. Curbs, gutters, sidewalks
and streetlights may be required by the Council. Alternative paving surfaces may be permitted
by the Development Services Engineer;
(2) Other requirements may be imposed by the Council for vehicular and pedestrian safety,
utilities and emergency vehicle access;
(3) Private streets shall not be allowed if, in the opinion of the City Council, a public street
would better serve the public health, safety and welfare, or the location of the private access
way presents a potential hazard to vehicular or pedestrian traffic at the intersection of the
private street with a public street; and
(4) City approvals shall be required for private streets. The design engineer shall be
responsible that their design meets the geometrical and structural street design requirements
and policies in accordance with general engineering standards. Testing and inspection for
conformance of construction to minimum requirements of approved plans shall be the
responsibility of the developer, who shall provide the city with proof that the requirements have
been satisfied prior to project acceptance.
(5) The maintenance of private streets is a continuing obligation of the property owners
and/or homeowner's association. Streets shall be kept in a clean, safe and well maintained
condition. More, specifically, the property owner and/or homeowner's association shall restore
[2023] Page 12
the street to its original approved condition if parking surface areas become deteriorated and/or
emit dust particles into the air, as determined by the Development Services Engineer.
[2023] Page 13
City ofApache Junction
Development Services Department V"T
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: June 27, 2023
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-15-AM
REQUEST: Text Amendment to Article 1-7 : Parking,
Loading and Circulation Regulations to
allow one (1) additional recreational
vehicle with an integrated horse trailer,
designed with the intent of transporting
equine, on residential lots with at least
1 . 25-gross acres .
BACKGROUND
Per the direction to Staff given by the Planning and Zoning
Commission on December 13, 2022, Staff researched Arizona
Revised Statutes' definitions of recreational vehicles,
trailers, and toy haulers and the location in which these
vehicles may be parked to provide recommendations for a text
amendment.
On February 14, 2023, Staff provided a brief update with
preliminary findings to the Planning and Zoning Commission.
Staff explained that the City utilizes much of the same language
when defining a recreational vehicle as the Arizona Revised
Statutes .
On May 9, 2023, Staff presented additional findings to the
Planning and Zoning Commission during a work session. Staff
reiterated that the City utilizes much of the same language when
defining a recreational vehicle as the Arizona Revised Statutes .
1
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department V"T
Additionally, Staff showed recreational vehicle limitations in
surrounding municipalities .
Staff recommended against adding or changing definitions, as
there currently is no limitation on the number of trailers that
can be stored on a single-family residential lot. Staff also
recommended allowing one (1) additional recreational vehicle
with an integrated horse trailer on single-family residential
lots with a minimum of 1 . 25-gross acres .
RESEARCH
Motor Vehicle Division Registration
The Arizona Department of Transportation Motor Vehicle Division
does not discriminate trailer type for trailer registration.
This means that a camp trailer, park model, travel trailer, and
a truck camper will require trailer registration, whereas a
motor home or any kind of vehicle that is self-propelled, such
as a motorized recreational vehicle with an integrated horse
trailer will go through the same registration process as a motor
vehicle .
Recreational Vehicles Regulations in Surrounding Municipalities
Municipality ; Location Stored Limitation Mention of RV '
- Horse
Trailer Combo
Apache Junction Side or rear One (1) No
Pinal County Not specified Not specified No
Queen Creek Front setback or One (1) No
rear depending on depending on
the zoning the zoning
district district
Mesa Side or the rear Not specified No
Gilbert Driveway or Rear Not specified No
Chandler Only under 14, 500 Not specified No
lbs . and not in
the street
Florence Side or the rear Not specified No
Casa Grande Rear or garage One (1) No
Table 1 . Recreational Vehicle Limit, Location, and Combo
2
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department V"T
PLANNING DIVISION RECOMMENDATION
Though the A.R. S . and the City defines horse trailers with
integrated living quarters as a recreational vehicle, the public
generally considers these vehicles as trailers . Staff has since
modified the language of the drafted amendment to reflect these
changes . As a result, Staff recommends allowing single-family
residential lots with a minimum of 1 . 25-gross acres to have one
(1) nonmotorized horse trailer with integrated living quarters
or one (1) motorized recreational vehicle with an integrated
horse trailer, designed with the intent of transporting equine .
Though a number of municipalities do not specify a listed
limitation for RV parking and storing, the rationale supporting
the limitation recommendation of one (1) is that the City has
had a long history of code compliance cases due to properties
misusing single-family residential properties as storage lots .
By providing a number limitation, this initiative strengthens
the City' s ability to reduce potential blight, nuisance and code
cases .
Staff also recommends simplifying the language in this section
in regard to the location requirement for such vehicles and
trailers . The simplification and clarification of text language
will aid in avoiding potential contradictions and
misinterpretations . Staff will also use this opportunity to
revise grammatical errors, unrelated to recreational vehicles,
for additional clarity and general ease of understanding.
A draft text amendment to the Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-7 : Parking, Loading and Circulation Regulations has been
provided to apply the above noted proposed changes .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the approval of text amendment case
P-23-15-AM, an amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-7 : Parking, Loading and Circulation Regulations
described in the attached text exhibit.
3
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department V"T
EYLO + ferwa wAez
Prepared by Erika Hernandez
Associate Planner
Attachments:
P-23-15-AM Draft Amendment to Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-7: Parking, Loading
and Circulation Regulations
4
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department
CITY COUNCIL STAFF MEMO
Date: August 1, 2023
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Nick Leftwich, Planner
Case Number: P-23-16-AM
Subject: A proposed text amendment to Article 1-7 : Parking,
Loading and Circulation Regulations regarding
requirements for guest parking, electric vehicle
parking, accessible parking, motorcycle, and bicycle
parking.
Summary
Case P-23-16-AM comprises a proposed text amendment to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading and
Circulation Regulations addressing parking requirements for
guest parking, accessible parking, motorcycles, and bicycles,
and electric vehicles .
The City Council reviewed Case P-23-16-AM for presentation and
discussion on July 17, 2023 . Councilmembers discussed questions
regarding if the text amendment affects existing and in-progress
developments, as well as if the city could require electrical
vehicle chargers as part of new development requirements .
Staff Request for Continuance
Because Case P-23-16-AM, and the text amendment case regarding
the parking of horse trailers with living quarters, Case
P-23-15-AM, both amend text throughout Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-7 : Parking, Loading and Circulation
Regulations, staff requests that Case P-23-16-AM be continued
in coordination with P-23-15-AM so that the Article 1-7 may be
amended through a single ordinance to avoid conflicting code
changes .
Attachments:
-Draft 2023 Amendments to 1-7 Parking, Loading and Circulation Regulations
-P-23-16-AM Planning and Zoning Commission Staff Report
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-16-AM
August 1,2023 City Council Staff Memo
City ofApache Junction
Development Services Department AV,
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: June 27, 2023
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Nicholas Leftwich, Planner
CASE NUMBER: P-23-16-AM
REQUEST: Text Amendment to Article 1-7 : Parking,
Loading and Circulation Regulations
regarding requirements for guest parking,
electric vehicle parking, accessible
parking, motorcycle, and bicycle parking
BACKGROUND
Per the Planning and Zoning Commission direction to Staff given
on December 13, 2022, subsequent work session discussions were
held on February 14, 2023 and April 11, 2023 where the Planning
and Zoning Commission provided recommendations for revisions and
topics of study regarding parking, focusing on guest parking and
related parking deficiencies as addressed by the Apache Junction
City Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-7 : Parking, Loading and Circulation
Regulations, which Staff has incorporated in to the proposed
amendment. On May 9, 2023, the most recent revision of the
proposed text amendment was presented in a final work session,
within which the Planning and Zoning Commission indicated the
proposed text amendment was acceptable to be reviewed in a
formal public hearing.
The Planning and Zoning Commission and Planning Staff have
prepared the proposed text amendment, attached as Exhibit #1, by
evaluating the city' s parking conditions and expected parking
needs . New entries to the parking regulations of Article 1-7 :
Parking, Loading and Circulation Regulations have been made to
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-16-AM
June 27,2023 Planning and Zoning Commission Staff Report
correct minor organizational issues, correct spelling errors,
and to provide clarity regarding existing code standards, such
as the accessible parking requirements .
PROPOSAL
The draft amendment is being presented to the Planning and
Zoning Commission for their recommendation to the City Council .
The proposed text amendment is case P-23-16-AM, a request to
amend Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading
and Circulation Regulations .
PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading and
Circulation Regulations .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the approval of text amendment case
P-23-16-AM, an amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-7 : Parking, Loading and Circulation Regulations
described in the attached text exhibits dated May 9, 2023 .
Prepared by Nicholas Leftwich
Planner
Attachments:
Exhibit #1 - P-23-16-AM Draft Amendment to Apache Junction City Code, Volume
II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-7: Parking,
Loading and Circulation Regulations - 5-9-23 Version
Exhibit #2 - Public Input regarding the proposed text amendment
Text Amendment to Article 1-7: Parking,Loading and Circulation Regulations Case P-23-16-AM
June 27,2023 Planning and Zoning Commission Staff Report
Re: [ExternaUP-23-16-AM
Timothy Sheahan <ajapertments@me.conn>
Thu5/4/2023 12:06PM
To:Micho|as Leftwich <n|eftwich@apauhejunctionaz.gov>
Hello Nicholas,
Thanks for your email and all of the updates. There were a few things | wanted to talk about with the
guest parking, bicycle parking and the electric vehicle parking.
I understand that guest parking is needed then the two required parking spots for each multifamily unit
is a garage but my experience is if parking is open (no assigned parking)that there is more then enough
parking for residents and guest. With the new trend of residents working from home the number uftwo
bedrooms that are rented to a single person has greatly increased over the last few years so parking has
not been an issue, day nrnight.
As bicycle parking(bike racks)we have them an our property's and our residents that have bike use
them some, but most keep there bikes in there apartments or storage units. There was a bike that was
stolen a few weeks ago from one of our bike racks. Seams like tomne this is something the owner/
designer of the community's should be able tochose.
Electric vehicle charging stations,they are very new and just in the beginning stages astowhat is
needed with charging different brand cars and what equipment is needed to charge them. This is
changing all the time. We are having two chargers installed at each of our three locations and the
chargers have changed twice in the three months since we started the process of having them
installed. I think it is a good idea on having chargers but it is very new and no one has any idea on what
is needed for them. To have them installed is not a lot of money if your electric panel has the power
that is needed, but if you have to upgrade the power that is needed for the charges it can add $10 of
thousands of dollars to a project that could be obsolete in a few years. Also it take 6-10 hours to charge
a vehicle on a level 2 so it would not be of much use if you have to rely on the charger being open to
charge for you to get to work the next day and someone else is using the charger. | understand the
town is trying to get a head of things that could be an issue but with all of the increased cost for
someone to build a new community it will limit the number of units that can and will be built. This also
might be a moot point since the state is trying to make building affordable housing easier and over
riding towns plans (| am not a fan of what the state is trying todo).
These are just some ideas from someone that currently manages and owns 58 units in Apache Junction
and has done so for over 2Uyears. | am B|od the board talks about this and has great discussions. It's
what makes a great community.
Have a great day,
Tim Sheahan
AJApartments, LL[.
/jApartments@me.conn
480-437-4964x2Work
Office 357S.Winchester Rd Apache Junction
Mondays and Thursday 10'4
1
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
DISCUSSION ITEM STAFF MEMO
DATE: April 11, 2023
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Interim Planning Manager
FROM: Nicholas Leftwich, Planner
CASE NUMBER: P-23-16-AM
REQUEST: Text Amendment to Article 1-7 : Parking,
Loading and Circulation Regulations
regarding requirements for guest parking,
electric vehicle parking, accessible
parking, motorcycle, and bicycle parking
BACKGROUND
Per the direction to Staff given by the Planning and Zoning
Commission on December 13, 2022, Staff has researched
requirements for guest parking spaces in multi-family style
developments, comparing requirements from different zoning
ordinances of nearby and comparable cities, compiling data from
existing multi-family communities, and measuring the specific
needs of our local community.
On February 14, 2023, a brief update was provided detailing
preliminary findings, as well as discussing the need to amend
the parking requirements to further clarify other related
parking requirements, such as electric vehicle (EV) parking and
charging stations, accessible parking requirements, bicycle
parking requirements, and motorcycle/scooter parking spaces .
A draft text amendment to the Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-7 : Parking, Loading and Circulation Regulations has been
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
provided to apply these changes . Some additional organizational
changes are included to optimize the code for public use .
RESEARCH & RECOMMENDATIONS
Guest Parking
Staff has observed that guest parking standards of different
local and comparable cities generally vary between . 2 to . 5
guest parking spots per dwelling unit in a multi-family style
development, including townhomes and condominium developments,
with the exact ratio being determined by the needs of each local
community. While the ratios may differ, most cities and towns do
require an additional minimum provision of guest parking in
addition to the minimum provision of resident spaces per unit.
Town or City Guest Parking Standard
Avondale One(1)visitor space per five(5)units must be provided;
And at least one (1)space per multi-family unit must be covered and
assigned to a unit.
Buckeye 2 guest spaces per unit
Chandler No minimum noted.Visitor parking and recreational vehicle storage shall
be clearly identified through signage or curb paint.
Gilbert .25 guest spaces per unit
Glendale .33, 1 Designated guest space for every 3 units.
Florence 1 guest space for every 55 dwelling units
Queen Creek None noted.
Phoenix When the required parking is reserved for residents,additional
unreserved parking is required as follows:03 spaces for each efficiency
unit and 0.5 spaces per each 1 or 2 bedroom unit and 1.0 space per each
3 or more bedroom unit.
Maricopa(City) .2 guest spaces per unit
Maricopa County 20%of the 2 per unit parking spaces shall be reserved for guest parking
spaces.
Mesa Not specifically noted, but when not located near transit there is a 2.1
space per unit parking requirement
Apache Junction Master .5 guest spaces per unit
Planned Community
Peoria .1 guest spaces per unit(.25 per unit for duplexes/triplexes)
Pinal County A guest spaces per unit
Scottsdale .16 guest spaces per unit(1 for every 6 units)Guest spaces shall be
located so they are easily accessed by guests,as determined by the
Development Review Board.
Tempe .2 guest spaces per unit
Table 1 . Guest Parking Requirements
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
3
The past several years of multi-family residential developments
have provided several examples of different guest parking ratios
among various styles of development. While all projects have met
the minimum requirement for resident parking, the ample
provision of guest parking has been a consistent concern
expressed by neighbors of developments, the Planning and Zoning
Commission and City Council .
Project Unit Total Parking Spaces Parking Excess Parking Guest Parking
Count Minimum Provided Ratio(Per DU)
Villas on Superstition 52 122(17 Garages)105 uncovered 104 18 34
Ironwood Station 96 231(192 Garages) 192 39 A
Old West Highway 114 257(228 Garages) 228 29 25
Village
Goldfield Estates 209 471(418 Garages) 418 51 .24
Hamptons East 111 195 385(60 Garages) 366 19 .1
Circle Trail Suites 56 128(112 Garages) 112 16 3
94 W.Roundup 12 36(12 Garage,12 Tandem) 24 12 1
Rennick&Virginia 124 236(167 Garage) 223 13 A
The Residences 201 365 403 38 .2
Havenly Superstition 166 298(12 Garages) 298 0 0
Superstition Junction 20 49(40 Garages) 40 9 A5
Broadway&Delaware 30 68 60 8 .26
MPG - - - - .5
Average Ratio
.31
Table 2 . Recent Multi-Family Residential Developments & Parking
Calculations
Evaluating the data together, Staff recommends a minimum
requirement of .3 guest parking spaces per dwelling unit, which
is within a consistent range of what other cities require and
what a project with ample guest parking generally provides .
Accessible Parking
Accessible parking spaces and their associated standards,
including the ratios determining the required amount of
accessible spaces, are regulated by the Americans with
Disabilities Act (ADA) , which has also been adopted into
municipal building codes, including our own. To clarify related
code questions and consolidate parking information in one place,
the ADA requirements regulating the number of required
accessible parking spaces have been incorporated into the
proposed draft amendment of Article 1-7 Parking Standards .
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
4
Bicycle Parking
The current parking regulations have no provisions regarding
bicycle parking, but in review of the bicycle' s integration
within our transportation system and plans, Staff has
recommended a requirement to provide bicycle racks as part of
the parking requirements of new multi-family residential and
commercial developments .
Motorcycle and Scooter Parking
The current parking regulations also have no provisions
regarding motorcycle and scooter compact spaces, which have the
benefit of providing a safer space for motorcyclists to park and
have the effect of mitigating incidences of damage to the
motorcycles when implemented. Staff has recommended that in
non-residential parking lots, two (2) motorcycle / scooter
parking stalls shall be provided out of every seventy-five (75)
motor vehicle parking spaces required.
Electric Vehicle Parking and Charging Stations
As an emerging technology, there are not many municipal codes
that address requirements for electric vehicle (EV) parking
spaces and charging stations, but recognizing that this
technology is becoming more commonplace and the need is becoming
more prominent, Staff recommends that the parking requirements
be amended to require that in non-residential and multi-family
residential parking lots, one (1) motor vehicle parking space
out of every two-hundred fifty (250) motor vehicle parking
spaces shall be required to be equipped with an electric vehicle
(EV) charging station.
n-4
Prepared by Ni bolas Leftwich
Planner
Attachments :
-Draft of Amendments to Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-7 :
Parking, Loading and Circulation Regulations
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.9.
File ID: 23-457
Sponsor: Nicholas Leftwich Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Presentation, discussion, public hearing, and consideration of Resolution No. 23-19, declaring
as a public record that certain document filed with the City Clerk and titled "2023 Amendments
to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-7: Parking, Loading and Circulation Regulations"; repealing any
conflicting provisions; and providing for severability. This request was previously presented
and discussed at the City Council Work Session on July 17, 2023 and at the City Council
Public Hearing on August 1, 2023.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City ofApache Junction
Development Services Department
CITY COUNCIL STAFF MEMO
Date: September 5, 2023
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Nick Leftwich, Planner
Erika Hernandez, Associate Planner
Case Numbers: P-23-15-AM & P-23-16-AM
Subject: Ordinance No. 1537, Resolution No. 23-19
A proposed text amendment to Article 1-7 : Parking,
Loading and Circulation Regulations regarding
requirements for recreational vehicles, guest
parking, electric vehicle parking, accessible
parking, motorcycle, and bicycle parking.
Summary
Through months of discussion, study, and analysis Staff and the
Planning and Zoning Commission have evaluated the city' s parking
conditions and needs to draft verbiage to amend the Apache
Junction City Code, Volume II, Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-7 : Parking, Loading and Circulation
Regulations .
The variety of matters have been presented to the City Council
through the cases P-23-15-AM, which is concerned with the
recreational vehicle parking standards, and P-23-16-AM, which is
concerned with the parking requirements for guest parking,
accessible parking, motorcycles, bicycles, and electric
vehicles .
Having refined a final draft comprising the edits and language
agreed upon by the City Council, Ordinance No. 1537 now proposes
to amend the affected portions of Article 1-7 : Parking, Loading
and Circulation Regulations with the text provided in the
document "2023 Amendments to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-7 : Parking, Loading and Circulation Regulations . " The
affected portions are identified in the redlined version of this
document, provided as Exhibit #4 "Redlined Version: 2023
1
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations
September 5,2023 City Council Staff Memo
City ofApache Junction
Development Services Department
Amendments to Article 1-7 : Parking, Loading and Circulation
Regulations . "
Draft Resolution No. 23-19 adopts the document entitled "2023
Amendments to 1-7 Parking, Loading and Circulation Regulations"
as public record so that it may be adopted by reference in
Ordinance No. 1537, pursuant to A.R. S . § 9-802 .
Attachments:
• Exhibit 1: Ordinance No. 1537
• Exhibit 2: Resolution No. 23-19
• Exhibit 3: 2023 Amendments to the Apache Junction City Code, Volume
II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-7:
Parking, Loading and Circulation Regulations
• Exhibit 4: Redlined Version: 2023 Amendments to Article: 1-7
Parking, Loading and Circulation Regulations
• Exhibit 5: P-23-15-AM Planning and Zoning Commission Staff Report
• Exhibit 6: P-23-16-AM Planning and Zoning Commission Staff Report
2
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations
September 5,2023 City Council Staff Memo
ORDINANCE NO. 1537
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, BY REPEALING AND REPLACING PORTIONS OF
ARTICLE 1-7 : PARKING, LOADING AND CIRCULATION
REGULATIONS; AND BY ADOPTING BY REFERENCE THAT CERTAIN
DOCUMENT ENTITLED "2023 AMENDMENTS TO THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE,
CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-7 : PARKING,
LOADING AND CIRCULATION REGULATIONS"; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PENALTIES.
WHEREAS, on December 13, 2022, the planning and zoning
commission directed staff to research and provide
recommendations to modify the parking regulations of the Apache
Junction City Code ("A. J.C.C. ") , Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading
and Circulation Regulations, to address the parking of
recreational vehicles with integrated horse trailers, guest
parking, and other related parking requirements; and
WHEREAS, the planning and zoning commission met on February
14, 2023, April 11, 2023, and May 9, 2023 with a city council
discussion on July 17, 2023 on the proposed amendments; and
WHEREAS, the planning and zoning commission also recommended
to the city council on June 27, 2023, in a vote of 5 : 1, the
approval of code language relating to the parking of vehicles with
integrated horse trailers; and
WHEREAS, the planning and zoning commission also recommended
to the city council on June 27, 2023, in a vote of 6 : 0, the
approval of code language relating to guest, bicycle, motorcycle,
electrical vehicle, and general accessible parking requirements;
and
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R. S . ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and at least one paper copy is filed
with the city clerk and an electronic copy is accessible on the
city' s website, with both made available for public use and
inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include parking, loading and circulation regulations; and
ORDINANCE NO. 1537
PAGE 1 OF 3
WHEREAS, city staff has determined that for administrative
efficiency and to reduce the publication costs, it is more
appropriate to update the city code by adopting the affected
text by reference; and
WHEREAS, pursuant to A.R. S . § 9-462 . 01 (J) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would have on the
cost to construct housing for sale or rent.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
1 . That the existing Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-7 : Parking, Loading and Circulation Regulations, be
amended by repeal and replacement as referenced in the
document noted in #2 below.
2 . That certain document known as the "2023 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking,
Loading and Circulation Regulations", of which at least one
paper copy is on file with the city clerk and one
electronic copy of which is accessible on the city' s
website (www. apachejunctionaz .gov) , and which document was
made a public record by Resolution No . 23-19, is hereby
referred to, adopted and made a part hereof as if fully set
out in this ordinance, pursuant to A.R. S . § 9-802 .
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 by reference 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 by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
ORDINANCE NO. 1537
PAGE 2 OF 3
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 II, Chapter 1 : Zoning
Ordinance, Article 1-16 : Administration, §1-16-16 Violations,
Penalties and Enforcement.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS DAY OF , 2023 .
SIGNED AND ATTESTED TO THIS DAY OF , 2023 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1537
PAGE 3 OF 3
RESOLUTION NO. 23-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "2023 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-7 : PARKING, LOADING AND
CIRCULATION REGULATIONS"; REPEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R. S . ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and one paper copy is filed with the
city clerk and an electronic copy is accessible on the city' s
website, with both made available for public use and inspection;
and
WHEREAS, pursuant to A.R. S . 9-801 (1) and 9-802, such
codes include parking, loading and circulation regulations; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
SECTION I IN GENERAL
1 . That certain document entitled the "2023 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking,
Loading and Circulation Regulations", of which at least one
paper copy is on file with the city clerk and one
electronic copy of which is accessible on the city' s
website (ww_w. apachejunctionaz .gov) , is hereby declared to be
a public record,and shall be made available for public use
and inspection.
RESOLUTION NO. 23-19
PAGE 1 OF 2
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutions and parts of resolutions in conflict with the
provisions of this resolution 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 resolution 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2023 .
SIGNED AND ATTESTED TO THIS DAY OF 2023 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 23-19
PAGE 2 OF 2
2023 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 11, LAND
DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-7:
PARKING, LOADING AND CIRCULATION REGULATIONS
ARTICLE 1-7: PARKING, LOADING AND CIRCULATION REGULATIONS is amended
in its entirety, as follows:
§ 1-7-1 INTENT.
This chapter of the Zoning Code is intended to provide for adequate off-street parking spaces
and help prevent congestion of city streets. Proper design of, and access to, parking facilities
shall be required in order to protect the public health, safety and welfare.
§ 1-7-2 APPLICATION.
Existing parking, loading and circulation areas that were legally established prior to the
effective date of this Chapter are allowed to continue. However, new development, or
redevelopment and/or additions where 50% or more expansion of the existing building floor area
occurs, shall be subject to these parking regulations.
§ 1-7-3 PARKING STANDARDS.
(A) Number of stalls required. Apache Junction City Code, Yol. ll,_§ 1-7-3, jabje 7-1 sets
forth the minimum number of required parking spaces for different land use types.
(B) Uses not identified in Table 7-1. The Zoning Administrator shall determine the parking
requirement for uses that do not closely correspond to the categories listed in Apache Junction
City Code, Vol. 11,_§ 1-7-3, Table 7-1. In such instances, the applicant shall provide the following
information for staff review and determination:
(1) Explanation of proposed uses;
(2) Number of employees;
(3) Building design capacity;
(4) Gross floor area (square feet);
(5) Proposed on-site parking spaces;
(6) Proposed off-site parking spaces;
(7) Hours of operation; and
(8) Analysis of proposed parking demand,
[2023] Page 1
TABLE -1: NUMBER OF PARKING STALLSREQUIRED
CLASSIFICATION NUMBER OF SPACES REQUIRED'
Residential
Single-family dwelling residential 2 spaces per dwelling unit.
Studio or efficiency residential 1 space per dwelling unit.
One-bedroom apartment 1.5 spaces per dwelling unit.
Two or more bedroom apartment 2 spaces per dwelling unit.
Guest parking of multi-family style .3 spaces per dwelling unit
communities, townhomes and
condominium subdivisions
Independent senior housing Based on specific project need as determined by the Zoning
Administrator.
Assisted living senior housing Based on specific project need as determined by the Zoning
Administrator.
Nursing home 1 space per 3 beds.
Group home Based on specific project need as determined by the Zoning
Administrator.
Manufactured home or RV in park 1 space per unit space; plus 1 visitor parking space per 10 unit
spaces; and parking spaces to meet the needs to any
commercial; office or public assembly.
Manufactured home in subdivision 2 spaces per dwelling unit.
Rooming house or boarding house 1 space per guest room; plus 1 space for resident manager.
Commercial
Retail and/or Office Sales and Service 1 space for each 300 sq. ft. of gross floor area
Restaurant/bar/nightclub (indoor area) 1 space for each 100 sq. ft. of customer accessible area and 8
spaces of stacking in the drive-through area. Stacking shall be
from the pick-up/final window back.
[2023] Page 2
Restaurant/bar/nightclub (outdoor 1 space per 200 sq. ft. of seating/service area outdoors, in
area) addition to required parking for indoor uses.
Medical and dental offices/clinics 1 space for each 200 sq. ft. of gross floor area.
Lodging (hotel/motel/bed and 1 space per room, plus 1 space per 200 square feet of meeting,
breakfast) banquet and restaurant space not solely intended for hotel
guests and/or staff.
Indoor amusement center (including 1 space per 200 square feet of gross floor area.
bowling alleys)
Funeral home 1 space per 4 seats.
Hospital 1.5 spaces per bed.
Vehicle service and/or sales 1 space for each 300 sq. ft. of gross floor area for
office/display/seating, plus 2 spaces per service bay.
Swap meets/farmer's markets Based on specific project needs as determined by the Zoning
Administrator.
Amusement park, fairground or Based on specific project need as determined by the Zoning
transient show Administrator.
Arena, stadium, auditorium or theater 1 space for every 5 seats (20 inches of bench or pew shall be
considered 1 seat).
1 space per 200 square feet of gross floor area if not permanent
seats.
Institutional
Private lodges and clubs (no overnight 1 space per 200 square feet of gross floor area.
lodging)
Religious assembly 1 space for every 8 seats in the principal auditorium (20 inches
of bench or pew shall be considered 1 seat). If no fixed seating
is provided, 1 space is required for every 50 sq. ft. of
sanctuary/primary assembly area.
[2023] Page 3
Outdoor recreational facilities Based on specific project need as determined by the Zoning
Administrator.
Schools 1 space per 200 square feet of gross floor area.
Day care/nursery 1 space per 300 square feet of gross floor area.
Library and museum Based on specific project need as determined by the Zoning
Administrator.
Industrial
Industrial and warehousing 1 space per 1,000 square feet gross floor area of industrial,
manufacturing and warehouse space, plus 1 space per 300
square feet of office space.
'Fractional parking stall calculations should be rounded to the nearest whole number. For example, a
parking stall requirement for 10.3 stalls should be rounded to 10 stalls, whereas a requirement for 10.7
stalls should be rounded to 11 stalls.
(C) Parking stall size. Parking stall and aisle dimensions shall comply with Apache Junction
City Code, Table 7-2.
TABLE 7-2: PARKING STALL AND AISLE DIMENSIONS
Angle of Stall Curb Length Per Staff One-Way Aisle Two-Way Aisle
Parking Width Stall Depth Width Width
Parallel 9101, 22'0" 9101, 12' 20'
300 9101, 18'0" 17'4" ill 20'
40o 9101, 14'0" 192" 12' 22'
45' 9101, 12'9" 19,101, 13' 24'
50' 9101, 11,91, 20'5" 15' 24'
600 9f0ll 1 UY 2 l'O" 18' 24'
700 9101, 9'8" 2 1'0" 19, 24'
90, 9101, 9101, 18'0" 24' 24'
[2023] Page 4
Curb Angle of
Len th # Parking
ki
Mall
Depth
4
Aisle
Width
Note: Up to 20% of the total required parking spaces may be compact spaces with minimum 9'
by 16' stall dimensions for 90 degree parking.
( ) Multiple uses. Where there are multiple uses within a structure or property, the minimum
standards shall apply to each use, except as provided in Apache Junction City Code, Vol. II
1- -3(F) and 1- - (G) regarding shared parking facilities.
( ) Parking location.
(1) Business and multi-family zoned properties. Parking shall only be allowed in approved
parking spaces and shall be located on-site, except as provided below in Apache Junction City
Code,Yol. Il, . 1- -3(F). Parking spaces shall be located and designed to prohibit backward
movement of a vehicle onto a public right-of-way, except for single-family and duplex dwellings.
Bumper guards or wheel barriers shall be used in multi-family and non-residential parking areas
to prevent a parked vehicle from projecting into a public right-of-way, adjoining property or
sidewalk.
(2) Single-family residential properties.
(a) Parking for passenger vehicles, trailers, boats, all-terrain vehicles and other types
of vehicles and equipment (excluding heavy commercial equipment) shall be limited to the
driveway and to the side or the rear of the residence and shall not be parked or stored in the
front yard.
(b) Large trucks and recreational vehicle parking. Recreational vehicles shall be
considered the following: conventional travel trailers, fifth-wheel travel trailers, travel trailers with
expandable ends, folding camping trailers, tear drop trailers, motorhomes (Class A, Class B,
Class C), camper vans, horse trailers with living quarters and motorized and non-motorized toy
haulers. Recreational vehicles and large truck vehicles shall be licensed, operable and parked
in the side or rear yard behind the front facade of the residence, or in a completely enclosed
garage. Truck campers shall be excluded from regulations and not counted towards the
maximum allowance.
[2023] Page 5
(1) Single-family residential lots with a minimum of one (1) gross acre shall be able to
store one of the following options:
• Option 1: Two (2) unoccupied recreational vehicles.
• Option 2: One (1) unoccupied recreational vehicle and one (1) large truck vehicle
(e.g., semi-truck or dump truck) less than 24,000 pounds of empty weight.
(2) All other residential lots smaller than one (1) gross acre shall be limited to the storage
of one (1) unoccupied recreational vehicle or one (1) large truck vehicle.
(F) Off-site shared parking. Off-site/off-street shared parking may be allowed if all of the
following conditions are met:
(1) The off-site parking facilities are within 100 feet of the property;
(2) The Zoning Administrator determines that the total parking demand of all the uses
contributing to the parking at any 1 time is less than the total parking stalls required in
accordance with the shared parking calculation described in Apache Junction City Code, Vow
,
§_1-7-3(G); and
(3) A city approved perpetual parking easement/agreement for off-site/off-street parking
shall be executed by the parties and recorded in the County Recorder's office.
(G) On-site shared parking. Developments which contain a mix of uses on the same parcel
may reduce the amount of required parking in accordance with the following methodology:
(1) Step 1. Calculate the minimum parking requirements for each use in accordance
with Apache Junction City Code,Yol,��11�-7-3, Table 7-1;
(2) Step 2. Multiply the minimum parking amount for each use by the corresponding
percentages for each of the 5 time periods set forth in Columns (B) through (F) of Apache
Junction City Code, Vol. ll,§_1-7-3, Table 7-3;
(3) Step 3. Calculate the total for each time period; and
(4) Step 4. Select the total with the highest value as the required minimum number of
parking spaces.
TABLE 7-3: SHARED PARKING CALCULATOR.
(A) Land Use Weekday Weekend (F) Nighttime
12:00 a.m. -
(B) Daytime (C) Evening (C) Daytime (E) Evening 6:00 a.m.
9:00 a.m. - 6:00 p.m. - 9:00 a.m. - 6:00 p.m. -
4:00 p.m. 12:00 a.m. 4:00 p.m. 12:00 a.m.
I I I
[2023] Page 6
Office/industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 75%
Restaurant 50% 100% 100% 100% 10%
Entertainment/ 40% 100% 80% 100% 10%
Commercial
(H) Maintenance of parking areas. The maintenance of required parking and loading facilities
are continuing obligations of the property owner or tenant. Parking surfaces shall be kept in a
clean, safe and well maintained condition. More specifically, the property owner shall restore the
parking surface to its original approved condition if parking surface areas become deteriorated
and/or emit dust particles into the air, as determined by the Development Services Engineer.
(1) Use of parking stalls. Required parking spaces shall be available for parking of vehicles of
residents, customers, patrons and employees, and shall not be used for inventory storage, extra
signage, outside retail sales, servicing or repair unless otherwise authorized by the city.
(J) Site plan. A scaled site plan illustrating existing and proposed off-street parking shall be
included in an application for development site plan approval and/or building permit where
parking is required. The site plan shall include the following:
(1) Delineation and size of individual parking spaces and aisles.
(2) Circulation area necessary to serve spaces.
(3) Driveway openings to streets.
(4) Curb and median cuts.
(5) Grading, drainage and surfacing details.
(6) Delineation of obstacles to parking and circulation within parking area.
(7) Specifications as to signs and bumper guards,
(8) Landscaping.
(K)-Access to public streets. Driveways and areas for loading, parking and maneuvering of
vehicles for multiple-family residential, business and institutional land use shall comply with
Apache Junction City Code, Vol. 11, Chapter 10, Engineering Design Guidelines and Policies.
[2023] Page 7
(L) Stormwater management. A parking area shall be subject to the runoff, drainage and
retention requirements of the Development Services Engineer.
(M)-Parking lot obstructions. No obstructions of any kind shall be permitted within any
designated parking space except for approved landscaping, retention basins, lighting, curbing,
walkways or shopping cart corrals.
(N) Blocked stalls. No parking space shall be located or used in a manner as to block access
to another parking space, except in a parking lot with a parking attendant having access to each
vehicle's keys or as part of an approved planned development ("PD") rezoning site plan.
(0) Lighting. Parking area lighting shall not create unsafe glare to motorists and shall be
designed and installed in accordance with Apache Junction City Code, Vol. II Article 1-10.
(P) Signage. Directional signs and pavement markings shall be used to control vehicular
movement in a parking area. Signs shall be limited to 2 square feet each, and an aggregate
total not to exceed 20 square feet. No sign of any kind other than those indicating entrances,
exits, name of establishment to which the parking area is accessory, or conditions of use shall
be erected.
(Q) Surface grade. No driveway over 300 feet long shall exceed a 10% grade, and no
driveway shall exceed a 17% grade.
(R) Shared access. Common driveways between adjacent properties are encouraged and
may be required as a condition of site plan approval. A perpetual cross access and
maintenance agreement between the adjoining properties shall be required in a form approved
by the City Attorney.
(S) Parking lot surface. The following requirements shall apply to loading spaces,
maneuvering areas, and driveways for new development or redevelopment and/or additions
where 50% expansion of the existing building floor area occurs, shall be surfaced as follows:
(1) B-1, B-3, B-4, B-4, RM-1, RM-2 and RM-3 Zoning Districts. Asphalt, concrete or
masonry pavers installed at a depth approved by the Development Services Engineer shall be
required for new development or redevelopment and/or additions where 50% expansion of the
existing building floor area occurs.
(2) B-2 (Old West District), A minimum depth of 3 inches of 1/2 minus compacted
decomposed granite or other dust controlling material approved by the Development Services
Engineer, and which complies with the American Disabilities Act ("ADA"), shall be allowed. The
design and layout of the unpaved parking and circulation area shall be subject to the Zoning
Administrator's determination that the unpaved parking area layout provides safe and
manageable parking and circulation.
(3) Air quality control. Existing and future parking surfaces shall comply with air quality
control requirements (i.e., PM-1 0) as set forth in Ordinance No. 1316, and as amended in the
future,
[2023] Page 8
(T) Landscaping. Parking lot landscaping shall be designed and installed in accordance
with Apache Junction City Code, Vo H 1-8-6(E).
(U) Accessibility standards. Accessible (persons with disabilities) parking and pedestrian
access shall be designed and installed in accordance with the American with Disabilities Act
(ADA), as amended. The minimum number of accessible parking spaces shall be provided per
the ADA standard, based on the total number of parking spaces provided, as depicted in
Apache Junction City Code, Vol. 11 § 1-7-3, Table 7-4. At least one of every six spaces must be
van accessible.
TABLE 7-4: ACCESSIBLE PARKING SPACES.
Total Number of Parking Spaces Provided in a Minimum Number of Accessible Parking
Parking Lot or Facility Spaces Permitted
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus 1 for each 100, or fraction thereof,
over 1000
(V) Structured parking. The exterior elevations of any multi-level parking structure must be
designed so as to screen or conceal parked cars on the first and second floor from exterior
public view.
(W) Bicycle Parking. Bicycle parking spaces shall be provided to comply with Apache Junction
City Code,Vol. Ll,§ 1-7-3, Table 7-5. Bicycle parking spaces may be bicycle lockers or bicycle
racks. Bicycle racks are defined as a stationary object designed so that a bicyclist can secure
both the bicycle frame and wheels using a U-shaped lock or cable and lock. Notable rack
examples include:
ART RACK INVERTED U POST AND RING WHEEL-WELL SECURED
n
Alternative rack designs may be approved by administrative review, One bicycle rack may
[2023] Page 9
qualify as more than one bicycle parking space, provided that the rack is designed to allow for
multiple bicycles to be properly and easily secured at once.
TABLE 7-5: BICYCLE PARKING REQUIRED.
CLASSIFICATION NUMBER OF BICYLCE RACKS REQUIRED
Multi-Family Residential A minimum of 6 bicycle spaces shall be provided. 2 additional bicycle spaces
shall be provided for every 40 motor vehicle parking spaces required.
Commercial, Single 4 bicycle spaces shall be provided.
Tenant Location
Commercial, Multi-Tenant 12 bicycle spaces shall be provided.
Location
Industrial and 4 bicycle spaces shall be provided.
Warehousing
(X) Motorcycle and Scooter Parking. In non-residential parking lots, two (2) Motorcycle
Scooter parking stalls shall be provided out of every seventy-five (75) motor vehicle parking
spaces required.
(Y) Electric Vehicle Parking and Charging Stations. In non-residential and multi-family
residential parking lots, one (1) motor vehicle parking space out of every two-hundred fifty (250)
motor vehicle parking spaces shall be required to be equipped with an electric vehicle ("EV")
charging station that is at least of the Level 2 capacity. It is recommended that an additional
number of parking spaces are constructed with convenient access to electrical connections to
preemptively prepare for potential conversions of normal parking stalls to EV charging stations,
in case future demand were to require more charging stations.
(1) Level 2 EV charging stations are defined by their capacity to provide 30-80 amperes
using a 208 to 240 volt outlet, An EV charging station capable of simultaneously charging at 30
amperes or greater for each of two vehicles (also known as dual-port charging station) shall be
counted as two level 2 EV charging stations.
(2) Advertising signage placed on EV Charging stations shall not be visible from the right-
of-way and shall comply with all lighting requirements established in Apache Junction City
Code,VLqLlj,Art Ldp 1-10 of this Chapter, and the signage requirements in Apache Junction City
Code,Vol.j 1, Article 1.11 of this Chapter.
(3) Each EV charging station shall be clearly marked with a sign reading "Electric Vehicle
Charging Station."
[2023] Page 10
TABLE - ELECTRIC I LE PARKING SPACES.
Total Number of Parking Spaces Provided in a Minimumr of Electric Vehicle
Parkingr Facility ParkingcRequired
1 to 249
20 to 49 1
500 to 749 2
750 to 999
1000 or more 4
1-7-4 MODIFICATIONS AND APPEALS.
(A) Parking standard modification. If the number of proposed parking stalls does not comply
with the standards in Apache Junction City Code,Vol. II 1-7-3, T.able 7-1, the Zoning
Administrator may reduce the required number of stalls by up to 10% following review and
determination of the following:
(1) Technical evidence that the proposed use(s) generates a parking demand that is at
least 10% less than the required parking standard in Apache Junction City Code, Vol. -7-
Table 7-1; and/or
(2) Determination by the Zoning Administrator that a portion of the required parking can be
accommodated with existing public parking that is available within 100 feet of the property.
( ) Appeals. Variances and appeals to the parking standards shall be applied for and
processed through the Board of Adjustment and Appeals in accordance with Apache Junction
City Code, Vol. II, § 1-16-5.
1-7-5 LOADING FACILITY .
Off-street loading, unloading and the maneuvering of commercial vehicles shall be subject to
the following:
(A) Circulation. There shall be no loading or unloading of commercial vehicles on the public
street. Off-street maneuvering space shall be provided so that no backing onto or from a public
street is required.
(B) Screened. The loading area shall be screened from adjacent residentially zoned property
with a solid 8 foot high wall, and located to minimize visibility from a public street.
(C) Size. Off-street loading spaces shall be at least 12 feet wide and 35 feet deep, exclusive
of access aisles and maneuvering space.
1- -6 PRIVATE STREET STANDARDS.
(A) Private streets shall be a minimum of 28 feet in unobstructed width of paved surface
(back of curb to back of curb, if curbs are installed) with a 20-foot by 20-foot cutoff at
[2023] Page 11
intersections or a minimum turning radius of 20 feet. Narrower private streets may be permitted
subject to City Council, review and approval.
(B) A private street may be permitted where its use is logically consistent with a desire for
neighborhood identification and control of access and where special design concepts may be
involved, such as within planned development areas, manufactured home developments,
subdivisions or with CUPs.
(C) Private streets shall be subject to Planning and Zoning Commission recommendation,
City Council approval and the following requirements:
(1) Paving shall be installed according to City Engineering Guidelines for public residential
streets, or in accordance with subdivision regulations, if applicable. Curbs, gutters, sidewalks
and streetlights may be required by the Council. Alternative paving surfaces may be permitted
by the Development Services Engineer;
(2) Other requirements may be imposed by the Council for vehicular and pedestrian safety,
utilities and emergency vehicle access;
(3) Private streets shall not be allowed if, in the opinion of the City Council, a public street
would better serve the public health, safety and welfare, or the location of the private access
way presents a potential hazard to vehicular or pedestrian traffic at the intersection of the
private street with a public street; and
(4) City approvals shall be required for private streets. The design engineer shall be
responsible that their design meets the geometrical and structural street design requirements
and policies in accordance with general engineering standards. Testing and inspection for
conformance of construction to minimum requirements of approved plans shall be the
responsibility of the developer, who shall provide the city with proof that the requirements have
been satisfied prior to project acceptance.
(5) The maintenance of private streets is a continuing obligation of the property owners
and/or homeowner's association. Streets shall be kept in a clean, safe and well maintained
condition. More, specifically, the property owner and/or homeowner's association shall restore
the street to its original approved condition if parking surface areas become deteriorated and/or
emit dust particles into the air, as determined by the Development Services Engineer.
[2023] Page 12
2023 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 11, LAND
DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-7:
PARKING, LOADING AND CIRCULATION REGULATIONS
ARTICLE 1-7: PARKING, LOADING AND CIRCULATION REGULATIONS is amended
in its entirety, as follows:
§ 1-7-1 INTENT.
This chapter of the Zoning Code is intended to provide for adequate off-street parking spaces
and help prevent congestion of city streets. Proper design of, and access to, parking facilities
shall be required in order to protect the public health, safety and welfare.
§ 1-7-2 APPLICATION.
Existing parking, loading and circulation areas that were legally established prior to the
effective date of this Chapter are allowed to continue. However, new development, or
redevelopment and/or additions where 50% or more expansion of the existing building floor area
occurs, shall be subject to these parking regulations.
§ 1-7-3 PARKING STANDARDS.
(A) Number of stalls required. 4-7-§Apache Junction City Code, Vol. 11 -7-
3, Table 7-1 sets forth the minimum number of required parking spaces for different land use
types.
(B) Uses not identified in Table 7-1. The Zoning Administrator shall determine the parking
requirement for uses that do not closely correspond to the categories listed in -V-G[,.-I:U— -j- 7&
A =_
Apache Junction City Code, Yol, 11.,�1-7-�3, Table 7-1,. In such instances, the applicant shall
provide the following information for staff review and determination:
(1) Explanation of proposed uses;
(2) Number of employees;
(3) Building design capacity;
(4) Gross floor area (square feet);
(5) Proposed on-site parking spaces;
(6) Proposed off-site parking spaces;
(7) Hours of operation; and
(8) Analysis of proposed parking demand.
[2023] Page 1
TABLE 7-1: NUMBER OF PARKINGLREQUIRED
CLASSIFICATION NUMBER OF SPACES REQUIRED'
Residential
Single-family dwelling residential 2 spaces per dwelling unit.
Studio or efficiency residential 1 space per dwelling unit.
One-bedroom apartment 1.5 spaces per dwelling unit.
Two or more bedroom apartment 2 spaces per dwelling unit.
Guest parking of multi-family style .3 spaces per dwelling unit
communities, townhomes and
condominium subdivisions
Independent senior housing Based on specific project need as determined by the Zoning
Administrator.
Assisted living senior housing Based on specific project need as determined by the Zoning
Administrator.
Nursing home 1 space per 3 beds.
Group home Based on specific project need as determined by the Zoning
Administrator.
Manufactured home or RV in park 1 space per unit space; plus 1 visitor parking space per 10 unit
spaces; and parking spaces to meet the needs to any
commercial; office or public assembly.
Manufactured home in subdivision 2 spaces per dwelling unit.
Rooming house or boarding house 1 space per guest room; plus 1 space for resident manager.
Commercial
Retail and/or Office Sales and Service 1 space for each 300 sq. ft. of gross floor area
[2023] Page 2
Restaurant/bar/nightclub (indoor area) 1 space for each 100 sq. ft. of customer accessible area and 8
spaces of stacking in the drive-through area. Stacking shall be
from the pick-up/final window back.
Restaurant/bar/nightclub (outdoor 1 space per 200 sq. ft. of seating/service area outdoors, in
area) addition to required parking for indoor uses.
Medical and dental offices/clinics 1 space for each 200 sq. ft. of gross floor area.
Lodging (hotel/motel/bed and 1 space per room, plus 1 space per 200 square feet of meeting,
breakfast) banquet and restaurant space not solely intended for hotel
guests and/or staff.
Indoor amusement center (including 1 space per 200 square feet of gross floor area.
bowling alleys)
Funeral home 1 space per 4 seats.
Hospital 1.5 spaces per bed.
Vehicle service and/or sales 1 space for each 300 sq. ft. of gross floor area for
office/display/seating, plus 2 spaces per service bay.
Swap meets/farmer's markets Based on specific project needs as determined by the Zoning
Administrator.
Amusement park, fairground or Based on specific project need as determined by the Zoning
transient show Administrator.
Arena, stadium, auditorium or theater 1 space for every 5 seats (20 inches of bench or pew shall be
considered 1 seat).
1 space per 200 square feet of gross floor area if not permanent
seats.
Institutional
Private lodges and clubs (no overnight 1 space per 200 square feet of gross floor area.
lodging)
Religious assembly 1 space for every 8 seats in the principal auditorium (20 inches
of bench or pew shall be considered 1 seat). If no fixed seating
[2023] Page 3
is provided, 1 space is required for every 50 sq. ft. of
sanctuary/primary assembly area.
Outdoor recreational facilities Based on specific project need as determined by the Zoning
Administrator.
Schools 1 space per 200 square feet of gross floor area.
Day care/r4ur-seey nursery 1 space per 300 square feet of gross floor area.
Library and museum Based on specific project need as determined by the Zoning
Administrator.
Industrial
Industrial and warehousing 1 space per 1,000 square feet gross floor area of industrial,
manufacturing and warehouse space, plus 1 space per 300
square feet of office space.
-: 'Fractional parking stall calculations should be rounded to the nearest whole number. For example, a
parking stall requirement for 10.3 stalls should be rounded to 10 stalls, whereas a requirement for 10.7
stalls should be rounded to 11 stalls.
(C) Parking stall size. Parking stall and aisle dimensions shall comply with -�i t1--- - -
Apache Junction City Code,Vol. II, § 1-7-3, Table . - .
TABLE -2: PARKING STALLAISLE I I
Angle of Stall Curb Length Per Stall One-Way Aisle Two-Way Aisle
Parking Width Stall Depth Width Width
Parallel 910" 22'0" 910" 12' 20'
30' 910" 18'0" 17'4" 11' 20'
40' 910" 14'0" 19'2" 12' 22'
45' 9'0" 12'9" 19,10" 13' 24'
500 910" 11'9" 20'5" 15' 24'
600 910" 10'5" 21'0" 18' 24'
70' 910" 9'8" 21'0" 19, 24'
[2023] Page 4
90, 9101, 9101, 18'0" 24' 24'
Curb Angle of
Len th Parking
Stall
Depth
Aisle
Width
_
Note: Up to 20% of the total required parking spaces may be compact spaces with minimum 9'
by 16' stall dimensions for 90 degree parking.
( ) Multiple uses. Where there are multiple uses within a structure or property, the minimum
standards shall apply to each use, except as provided in Apache Junction City Code, `ol._ll,
1-7- (F)- and 1-7-3(G)41=4 regarding shared parking facilities.
( ) Parking location.
(1) Business and multi-family zoned properties. Parking shall only be allowed in approved
parking spaces and shall be located on-site, except as provided below in Apache Junction City
Code,`col. ll, 1-7- fl . Parking spaces shall be located and designed to prohibit backward
movement of a vehicle onto a public right-of-way, except for single-family and duplex dwellings.
Bumper guards or wheel barriers shall be used in multi-family and non-residential parking areas
to prevent a parked vehicle from projecting into a public right-of-way, adjoining property or
sidewalk.
((SECTION TO DE CONSIDERED UNDER THE TEXT I ENDI ENT CASE P-2 -15- ))
(2) Single-family - Wex residential properties.
(a) Parking for passenger vehicles 4 ° [kpAP..8 � h rve . ape : ,, ' 4
kkTA"d X`6 *F"k, p'
the -P o -v trailers, to ohlobs; boats, all-terrain vehicles and
other types of vehicles and equipment (excluding heavy commercial equipment) shall
be limited to the driveway and to the
side or the rear of the residence and shall not be parked or stored in the front yard.
(b) F)Large trucks and recreational vehicle parking. Recreational vehicles shall be
considered the following: conventional travel trailers, fifth-wheel travel trailers, travel trailers with
[2023] Page 5
expandable ends, folding camping trailers, tear drop trailers, motorhomes (Class A, Class B
Class C), camper vans, horse trailers with living;quarters and motorized and non-motorized toy
haulers. Recreational vehicles and large truck vehicles shall be licensed, operable and parked
in the side or rear yard behind the front facade of the residence, or in a completely enclosed
garage. Truck campers shall be excluded from regulations and not counted towards the
maximum allowance.
(1) Single-family residential lots with a minimum of one (1) gross acre shall be able to
store one of the following options`
• Option 1: Two (2) unoccupied recreational vehicles.
• Option 2: One(1) unoccupied recreational vehicle and one (1) large truck vehicle
(e.g., semi-truck or dump truck) less than 24,000 pounds of empty weight.
(2) All other residential lots smaller than one (1) gross acre shall be limited to the storage
of one (1) unoccupied recreational vehicle or one (1) large truck vehicle.
On : pie c-r-eatl al-v-ehio rr-,k...( Ygr d truck.)... t .
2-4;0 d. ffipt,we,+ght,-° ° r..�- , :: , era fl°'.„-ra�bx , d-or--parke
resid�tial.� rl� t+ sioe..or rr rd inl thfront faceF:t mid . o -ire
c7Gmplete4y-er+r-4Gsclkl..g.arage..-
((END OF SECIrION TO BE CONSIDERED UNDER THE TEXT AMENDMENT T CASE -23-1 a-AM))
(F)(G4 Off-site shared parking. Off-site/off-street shared parking may be allowed if all of the
following conditions are met:
(1) The off-site parking facilities are within 100 feet of the property;
(2) The Zoning Administrator determines that the total parking demand of all the uses
contributing to the parking at any 1 time is less than the total parking stalls required in
accordance with the shared parking calculation described in Apache Junction City Code," oi. 11
1-f-3(G)(t„1-); and
(3) A city approved perpetual parking easement/agreement for off-site/off-street parking
shall be executed by the parties and recorded in the County Recorder's office.
(G)( 1-) On-site shared parking. Developments which contain a mix of uses on the same
parcel may reduce the amount of required parking in accordance with the following
methodology:
(1) Step 1. Calculate the minimum parking requirements for each use in accordance
with tt� - 5 Apache Junction City Code,Yol, 11, 1-7-3, Table 7-1;
(2) Step 2. Multiply the minimum parking amount for each use by the corresponding
percentages for each of the 5 time periods set forth in Columns (B) through (F) of
Apache Junction City Code, /ol. 11. _ 3, Table 7-3; P
[2023] Page 6
(3) Step 3. Calculate the total for each time period; and
(4) Step 4. Select the total with the highest value as the required minimum number of
parking spaces.
TABLE 7-3: SHARED PARKING CALCULATOR.
(A) Land Use Weekday Weekend (F) Nighttime
12:00 a.m. -
(B) Daytime (C) Evening (C) Daytime (E) Evening 6:00 a.m.
9:00 a.m. - 6:00 p.m. - 9:00 a.m. - 6:00 p.m. -
4:00 p.m. 12:00 a.m. 4:00 p.m. 12:00 a.m.
Office/industrial 100% 10% 10% 5% 5%
Retail 60% 90% 100% 70% 5%
Hotel 75% 100% 75% 100% 75%
Restaurant 50% 100% 100% 100% 10%
Entertainment/ 40% 100% 80% 100% 10%
Commercial
(H)44 Maintenance of parking areas. The maintenance of required parking and loading
facilities are continuing obligations of the property owner or tenant. Parking surfaces shall be
kept in a clean, safe and well maintained condition. More, specifically, the property owner shall
restore the parking surface to its original approved condition if parking surface areas become
deteriorated and/or emit dust particles into the air, as determined by the Development Services
Engineer.
(1) ){J4 Use of parking stalls. Required parking spaces shall be available for parking of
vehicles of residents, customers, patrons and employees, and shall not be used for inventory
storage, extra signage, outside retail sales, servicing or repair unless otherwise authorized by
the city.
(J) � Site plan. A scaled site plan illustrating existing and proposed off-street parking shall
be included in an application for development site plan approval and/or building permit where
parking is required, The site plan shall include the following:
(1) Delineation and size of individual parking spaces and aisles.
(2) Circulation area necessary to serve spaces.
[2023] Page 7
(3) Driveway openings to streets.
(4) Curb and median cuts.
(5) Grading, drainage and surfacing details.
(6) Delineation of obstacles to parking and circulation within parking area.
(7) Specifications as to signs and bumper guards.
(8) Landscaping.
(K)-kW Access to public streets. Driveways and areas for loading, parking and maneuvering of
vehicles for multiple-family residential, business and institutional land use shall comply with
Apache Junction City Code, Vol. 11, Chapter 10, Engineering Design Guidelines and Policies.
(L)(M) Stormwater management. A parking area shall be subject to the runoff, drainage and
retention requirements of the Development Services Engineer.
(M),( Parking lot obstructions. No obstructions of any kind shall be permitted within any
designated parking space except for approved landscaping, retention basins, lighting, curbing,
walkways or shopping cart corrals.
(N)(0) Blocked stalls. No parking space shall be located or used in a manner as to block
access to another parking space, except in a parking lot with a parking attendant having
access to each vehicle's keys or as part of an approved planned development ("PD") rezoning
site plan.
(0)kR) Lighting. Parking area lighting shall not create unsafe glare to motorists and shall be
designed and installed in accordance with Apache Junction City Code, Vol. 11 Article 1-10.
(P)(Q) Signage. Directional signs and pavement markings shall be used to control vehicular
movement in a parking area. Signs shall be limited to 2 square feet each, and an aggregate
total not to exceed 20 square feet. No sign of any kind other than those indicating entrances,
exits, name of establishment to which the parking area is accessory, or conditions of use shall
be erected.
(Q) Surface grade. No driveway over 300 feet long shall exceed a 10% grade, and no
driveway shall exceed a 17% grade.
(R)4S,) Shared access, Common driveways between adjacent properties are encouraged and
may be required as a condition of site plan approval. A perpetual cross access and
maintenance agreement between the adjoining properties shall be required in a form approved
by the City Attorney.
(S)4T-) Parking lot surface. The following requirements shall apply to loading spaces,
maneuvering areas, and driveways for new development or redevelopment and/or additions
where 50% expansion of the existing building floor area occurs, shall be surfaced as follows:
[2023] Page 8
(1) B-1, B-3, B-4, B-4, RM-1, RM-2 and RM-3 Zoning Districts. Asphalt, concrete or
masonry pavers installed at a depth approved by the Development Services Engineer shall be
required for new development or redevelopment and/or additions where 50% expansion of the
existing building floor area occurs.
(2) B-2 (Old West District). A minimum depth of 3 inches of 1/2 minus compacted
decomposed granite or other dust controlling material approved by the Development Services
Engineer, and which complies with the American Disabilities Act ("ADA"), shall be allowed. The
design and layout of the unpaved parking and circulation area shall be subject to the Zoning
Administrator's determination that the unpaved parking area layout provides safe and
manageable parking and circulation.
(3) Air quality control. Existing and future parking surfaces shall comply with air quality
control requirements (i.e., PM-1 0) as set forth in Ordinance No. 1316, and as amended in the
future.
(T)- Landscaping. Parking lot landscaping shall be designed and installed in accordance
with Apache Junction City Code, Vol J1,,§_1&-6(E).
(U)-(V) Accessibility standards. Accessible (persons with disabilities) parking and pedestrian
access shall be designed and installed in accordance with the American with Disabilities Act
(ADA), as amended. The minimum number of accessible parking spaces shall be provided per
the ADA standard, based on the total number of parking spaces provided, as depicted in
Apache Junction City Code,Vol,
Table 7-4. At least one of every six spaces must be
van accessible.
TABLE 7-4: ACCESSIBLE PARKING SPACES.
Total Number of Parking Spaces Provided in a Minimum Number of Accessible Parking
Parking Lot or Facility Spaces Permitted
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2 percent of total
1001 and over 20, plus 1 for each 100, or fraction thereof,
over '1000
(V)-kM Structured parking. The exterior elevations of any multi-level parking structure must
be designed so as to screen or conceal parked cars on the first and second floor from exterior
public view.
[2023] Page 9
(W) Bicycle Parking, Bicycle parking spaces shall be provided to comply with Apache
Junction City Code, Vol. Il, 1--7 3, ble 1-5. Bicycle parking spaces may be bicycle lockers or
bicycle racks. Bicycle racks are defined as a stationary object designed so that a bicyclist can
secure both the bicycle frame and wheels using a U-shaped lock or cable and lock. Notable
rack examples include.
ART RACK INVERTED U POST AND RING WHEEL-WELL SECURED
Alternative rack designs may be approved by administrative review. One bicycle rack may
qualify as more than one bicycle parking space, provided that the rack is designed to allow for
multiple bicycles to be properly and easily;secured at once.
BICYCLETABLE 7-5: I
CLASSIFICATION NUMBER OF BICYLCE RACKS REQUIRED
Multi-Family Residential A minimum of 6 bicycle spaces shall be provided. 2 additional bicycle spaces
shall be provided for every 40 motor vehicle parking spaces required.
Commercial, Single 4 bicycle spaces shall be provided.
Tenant Location
Commercial, Multi-Tenant 12 bicycle spaces shall be provided.
Location
Industrial and 4 bicycle spaces shall be provided.
Warehousing
(X) ` Motorcycle and Scooter Parking. In non-residential parking lots, two (2) Motorcycle
Scooter parking stalls shall be provided out of every seventy-five (75) motor vehicle parking
spaces required.
(Y) Electric Vehicle Parking and Charging Stations. In non-residential and multi-family
residential parking lots, one (1) motor vehicle parking space out of every two-hundred fifty (250)
motor vehicle parking spaces shall be required to be equipped with an electric vehicle;("EV5)
charging station that is at least of the Level 2 capacity.;It is recommended that an additional
number of parking spaces are constructed with convenient access to electrical connections to
preemptively prepare for potential conversions of normal parking stalls to EV charging;stations,;
in case future demand were to require more charging stations.
[2023] Page 10
(1) Level 2'EV charging stations are defined by their capacity to provide 30`-80 amperes
using a 208 to 240 volt outlet. An EV charging station capable of simultaneously charging at 30
amperes or greater for each of two vehicles (also known as dual-port charging station)shall be
counted as two level 2 EV charging;stations.
(2) Advertising signage placed on EV Charging stations shall not be visible from the right-
of-way and shall comply with all lighting requirements established in Apache Junction City
Code,Vol, II Article.1-10 of this Chapter, and the signage requirements in Apache Junction City
Code,Vol II, Arcle 1-11 of this Chapter.
(3) Each EV charging station shall be clearly marked with a sign reading "Electric Vehicle
Charging Station."
TABLE 7-6: ELECTRIC VEHI L I .
Total Number of Parking Spaces Provided in a Minimum Number of Electric Vehicle
Parking t or Facility Parkingc ire
1 to 249 0
20 to 499 1
500 to 749 2
750 to 999 3
1000 or more 4
-7-4 MODIFICATIONS AND APPEALS.
(A) Parking standard modification. If the number of proposed parking stalls does not comply
with the standards in Y 4, Apache Junction City Code,Vol. Il, 1-7-3, Table 7-1, the
Zoning Administrator may reduce the required number of stalls by up to 10% following review
and determination of the following:
(1) Technical evidence that the proposed use(s) generates a parking demand that is at
least 10% less than the required parking standard in Apache Junction City Code,'
Vol. II, 1- - , Table 7-1; and/or
(2) Determination by the Zoning Administrator that a portion of the required parking can be
accommodated with existing public parking that is available within 100 feet of the property.
(B) Appeals. Variances and appeals to the parking standards shall be applied for and
processed through the Board of Adjustment and Appeals in accordance with Apache Junction
City Code,Vol. l l 1-11 6-5.
1-7-5 LOADINGFACILITY .
Off-street loading, unloading and the maneuvering of commercial vehicles shall be subject to
the following:
[2023] Page 11
(A) Circulation. There shall be no loading or unloading of commercial vehicles on the public
street. Off-street maneuvering space shall be provided so that no backing onto or from a public
street is required.
(B) Screened. The loading area shall be screened from adjacent residentially zoned property
with a solid 8 foot high wall, and located to minimize visibility from a public street.
(C) Size. Off-street loading spaces shall be at least 12 feet wide and 35 feet deep, exclusive
of access aisles and maneuvering space.
§ 1-7-6 PRIVATE STREET STANDARDS.
(A) Private streets shall be a minimum of 28 feet in unobstructed width of paved surface
(back of curb to back of curb, if curbs are installed) with a 20-foot by 20-foot cutoff at
intersections or a minimum turning radius of 20 feet. Narrower private streets may be permitted
subject to City Council, review and approval.
(B) A private street may be permitted where its use is logically consistent with a desire for
neighborhood identification and control of access and where special design concepts may be
involved, such as within planned development areas, manufactured home developments,
subdivisions or with CUPs.
(C) Private streets shall be subject to Planning and Zoning Commission recommendation,
City Council approval and the following requirements:
(1) Paving shall be installed according to City Engineering Guidelines for public residential
streets, or in accordance with subdivision regulations, if applicable. Curbs, gutters, sidewalks
and streetlights may be required by the Council. Alternative paving surfaces may be permitted
by the Development Services Engineer;
(2) Other requirements may be imposed by the Council for vehicular and pedestrian safety,
utilities and emergency vehicle access;
(3) Private streets shall not be allowed if, in the opinion of the City Council, a public street
would better serve the public health, safety and welfare, or the location of the private access
way presents a potential hazard to vehicular or pedestrian traffic at the intersection of the
private street with a public street; and
(4) City approvals shall be required for private streets. The design engineer shall be
responsible that their design meets the geometrical and structural street design requirements
and policies in accordance with general engineering standards. Testing and inspection for
conformance of construction to minimum requirements of approved plans shall be the
responsibility of the developer, who shall provide the city with proof that the requirements have
been satisfied prior to project acceptance.
(5) The maintenance of private streets is a continuing obligation of the property owners
and/or homeowner's association. Streets shall be kept in a clean, safe and well maintained
condition. More, specifically, the property owner and/or homeowner's association shall restore
[2023] Page 12
the street to its original approved condition if parking surface areas become deteriorated and/or
emit dust particles into the air, as determined by the Development Services Engineer.
[2023] Page 13
City ofApache Junction
Development Services Department V"T
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: June 27, 2023
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-15-AM
REQUEST: Text Amendment to Article 1-7 : Parking,
Loading and Circulation Regulations to
allow one (1) additional recreational
vehicle with an integrated horse trailer,
designed with the intent of transporting
equine, on residential lots with at least
1 . 25-gross acres .
BACKGROUND
Per the direction to Staff given by the Planning and Zoning
Commission on December 13, 2022, Staff researched Arizona
Revised Statutes' definitions of recreational vehicles,
trailers, and toy haulers and the location in which these
vehicles may be parked to provide recommendations for a text
amendment.
On February 14, 2023, Staff provided a brief update with
preliminary findings to the Planning and Zoning Commission.
Staff explained that the City utilizes much of the same language
when defining a recreational vehicle as the Arizona Revised
Statutes .
On May 9, 2023, Staff presented additional findings to the
Planning and Zoning Commission during a work session. Staff
reiterated that the City utilizes much of the same language when
defining a recreational vehicle as the Arizona Revised Statutes .
1
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department V"T
Additionally, Staff showed recreational vehicle limitations in
surrounding municipalities .
Staff recommended against adding or changing definitions, as
there currently is no limitation on the number of trailers that
can be stored on a single-family residential lot. Staff also
recommended allowing one (1) additional recreational vehicle
with an integrated horse trailer on single-family residential
lots with a minimum of 1 . 25-gross acres .
RESEARCH
Motor Vehicle Division Registration
The Arizona Department of Transportation Motor Vehicle Division
does not discriminate trailer type for trailer registration.
This means that a camp trailer, park model, travel trailer, and
a truck camper will require trailer registration, whereas a
motor home or any kind of vehicle that is self-propelled, such
as a motorized recreational vehicle with an integrated horse
trailer will go through the same registration process as a motor
vehicle .
Recreational Vehicles Regulations in Surrounding Municipalities
Municipality ; Location Stored Limitation Mention of RV '
- Horse
Trailer Combo
Apache Junction Side or rear One (1) No
Pinal County Not specified Not specified No
Queen Creek Front setback or One (1) No
rear depending on depending on
the zoning the zoning
district district
Mesa Side or the rear Not specified No
Gilbert Driveway or Rear Not specified No
Chandler Only under 14, 500 Not specified No
lbs . and not in
the street
Florence Side or the rear Not specified No
Casa Grande Rear or garage One (1) No
Table 1 . Recreational Vehicle Limit, Location, and Combo
2
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department V"T
PLANNING DIVISION RECOMMENDATION
Though the A.R. S . and the City defines horse trailers with
integrated living quarters as a recreational vehicle, the public
generally considers these vehicles as trailers . Staff has since
modified the language of the drafted amendment to reflect these
changes . As a result, Staff recommends allowing single-family
residential lots with a minimum of 1 . 25-gross acres to have one
(1) nonmotorized horse trailer with integrated living quarters
or one (1) motorized recreational vehicle with an integrated
horse trailer, designed with the intent of transporting equine .
Though a number of municipalities do not specify a listed
limitation for RV parking and storing, the rationale supporting
the limitation recommendation of one (1) is that the City has
had a long history of code compliance cases due to properties
misusing single-family residential properties as storage lots .
By providing a number limitation, this initiative strengthens
the City' s ability to reduce potential blight, nuisance and code
cases .
Staff also recommends simplifying the language in this section
in regard to the location requirement for such vehicles and
trailers . The simplification and clarification of text language
will aid in avoiding potential contradictions and
misinterpretations . Staff will also use this opportunity to
revise grammatical errors, unrelated to recreational vehicles,
for additional clarity and general ease of understanding.
A draft text amendment to the Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-7 : Parking, Loading and Circulation Regulations has been
provided to apply the above noted proposed changes .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the approval of text amendment case
P-23-15-AM, an amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-7 : Parking, Loading and Circulation Regulations
described in the attached text exhibit.
3
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department V"T
EYLO + ferwa wAez
Prepared by Erika Hernandez
Associate Planner
Attachments:
P-23-15-AM Draft Amendment to Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-7: Parking, Loading
and Circulation Regulations
4
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-15-AM
June 27,2023 Planning and Zoning Commission Staff Report
City ofApache Junction
Development Services Department
CITY COUNCIL STAFF MEMO
Date: August 1, 2023
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Nick Leftwich, Planner
Case Number: P-23-16-AM
Subject: A proposed text amendment to Article 1-7 : Parking,
Loading and Circulation Regulations regarding
requirements for guest parking, electric vehicle
parking, accessible parking, motorcycle, and bicycle
parking.
Summary
Case P-23-16-AM comprises a proposed text amendment to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading and
Circulation Regulations addressing parking requirements for
guest parking, accessible parking, motorcycles, and bicycles,
and electric vehicles .
The City Council reviewed Case P-23-16-AM for presentation and
discussion on July 17, 2023 . Councilmembers discussed questions
regarding if the text amendment affects existing and in-progress
developments, as well as if the city could require electrical
vehicle chargers as part of new development requirements .
Staff Request for Continuance
Because Case P-23-16-AM, and the text amendment case regarding
the parking of horse trailers with living quarters, Case
P-23-15-AM, both amend text throughout Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-7 : Parking, Loading and Circulation
Regulations, staff requests that Case P-23-16-AM be continued
in coordination with P-23-15-AM so that the Article 1-7 may be
amended through a single ordinance to avoid conflicting code
changes .
Attachments:
-Draft 2023 Amendments to 1-7 Parking, Loading and Circulation Regulations
-P-23-16-AM Planning and Zoning Commission Staff Report
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-16-AM
August 1,2023 City Council Staff Memo
City ofApache Junction
Development Services Department AV,
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: June 27, 2023
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Planning Manager
FROM: Nicholas Leftwich, Planner
CASE NUMBER: P-23-16-AM
REQUEST: Text Amendment to Article 1-7 : Parking,
Loading and Circulation Regulations
regarding requirements for guest parking,
electric vehicle parking, accessible
parking, motorcycle, and bicycle parking
BACKGROUND
Per the Planning and Zoning Commission direction to Staff given
on December 13, 2022, subsequent work session discussions were
held on February 14, 2023 and April 11, 2023 where the Planning
and Zoning Commission provided recommendations for revisions and
topics of study regarding parking, focusing on guest parking and
related parking deficiencies as addressed by the Apache Junction
City Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-7 : Parking, Loading and Circulation
Regulations, which Staff has incorporated in to the proposed
amendment. On May 9, 2023, the most recent revision of the
proposed text amendment was presented in a final work session,
within which the Planning and Zoning Commission indicated the
proposed text amendment was acceptable to be reviewed in a
formal public hearing.
The Planning and Zoning Commission and Planning Staff have
prepared the proposed text amendment, attached as Exhibit #1, by
evaluating the city' s parking conditions and expected parking
needs . New entries to the parking regulations of Article 1-7 :
Parking, Loading and Circulation Regulations have been made to
Text Amendment to Article 1-7:Parking,Loading and Circulation Regulations Case P-23-16-AM
June 27,2023 Planning and Zoning Commission Staff Report
correct minor organizational issues, correct spelling errors,
and to provide clarity regarding existing code standards, such
as the accessible parking requirements .
PROPOSAL
The draft amendment is being presented to the Planning and
Zoning Commission for their recommendation to the City Council .
The proposed text amendment is case P-23-16-AM, a request to
amend Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading
and Circulation Regulations .
PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-7 : Parking, Loading and
Circulation Regulations .
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the approval of text amendment case
P-23-16-AM, an amendment to the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-7 : Parking, Loading and Circulation Regulations
described in the attached text exhibits dated May 9, 2023 .
Prepared by Nicholas Leftwich
Planner
Attachments:
Exhibit #1 - P-23-16-AM Draft Amendment to Apache Junction City Code, Volume
II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-7: Parking,
Loading and Circulation Regulations - 5-9-23 Version
Exhibit #2 - Public Input regarding the proposed text amendment
Text Amendment to Article 1-7: Parking,Loading and Circulation Regulations Case P-23-16-AM
June 27,2023 Planning and Zoning Commission Staff Report
Re: [ExternaUP-23-16-AM
Timothy Sheahan <ajapertments@me.conn>
Thu5/4/2023 12:06PM
To:Micho|as Leftwich <n|eftwich@apauhejunctionaz.gov>
Hello Nicholas,
Thanks for your email and all of the updates. There were a few things | wanted to talk about with the
guest parking, bicycle parking and the electric vehicle parking.
I understand that guest parking is needed then the two required parking spots for each multifamily unit
is a garage but my experience is if parking is open (no assigned parking)that there is more then enough
parking for residents and guest. With the new trend of residents working from home the number uftwo
bedrooms that are rented to a single person has greatly increased over the last few years so parking has
not been an issue, day nrnight.
As bicycle parking(bike racks)we have them an our property's and our residents that have bike use
them some, but most keep there bikes in there apartments or storage units. There was a bike that was
stolen a few weeks ago from one of our bike racks. Seams like tomne this is something the owner/
designer of the community's should be able tochose.
Electric vehicle charging stations,they are very new and just in the beginning stages astowhat is
needed with charging different brand cars and what equipment is needed to charge them. This is
changing all the time. We are having two chargers installed at each of our three locations and the
chargers have changed twice in the three months since we started the process of having them
installed. I think it is a good idea on having chargers but it is very new and no one has any idea on what
is needed for them. To have them installed is not a lot of money if your electric panel has the power
that is needed, but if you have to upgrade the power that is needed for the charges it can add $10 of
thousands of dollars to a project that could be obsolete in a few years. Also it take 6-10 hours to charge
a vehicle on a level 2 so it would not be of much use if you have to rely on the charger being open to
charge for you to get to work the next day and someone else is using the charger. | understand the
town is trying to get a head of things that could be an issue but with all of the increased cost for
someone to build a new community it will limit the number of units that can and will be built. This also
might be a moot point since the state is trying to make building affordable housing easier and over
riding towns plans (| am not a fan of what the state is trying todo).
These are just some ideas from someone that currently manages and owns 58 units in Apache Junction
and has done so for over 2Uyears. | am B|od the board talks about this and has great discussions. It's
what makes a great community.
Have a great day,
Tim Sheahan
AJApartments, LL[.
/jApartments@me.conn
480-437-4964x2Work
Office 357S.Winchester Rd Apache Junction
Mondays and Thursday 10'4
1
City ofApache Junction
Development Services Department
PLANNING AND ZONING COMMISSION
DISCUSSION ITEM STAFF MEMO
DATE: April 11, 2023
TO: Planning and Zoning Commission
THROUGH: Rudy Esquivias, Development Services
Director
Sidney Urias, Interim Planning Manager
FROM: Nicholas Leftwich, Planner
CASE NUMBER: P-23-16-AM
REQUEST: Text Amendment to Article 1-7 : Parking,
Loading and Circulation Regulations
regarding requirements for guest parking,
electric vehicle parking, accessible
parking, motorcycle, and bicycle parking
BACKGROUND
Per the direction to Staff given by the Planning and Zoning
Commission on December 13, 2022, Staff has researched
requirements for guest parking spaces in multi-family style
developments, comparing requirements from different zoning
ordinances of nearby and comparable cities, compiling data from
existing multi-family communities, and measuring the specific
needs of our local community.
On February 14, 2023, a brief update was provided detailing
preliminary findings, as well as discussing the need to amend
the parking requirements to further clarify other related
parking requirements, such as electric vehicle (EV) parking and
charging stations, accessible parking requirements, bicycle
parking requirements, and motorcycle/scooter parking spaces .
A draft text amendment to the Apache Junction City Code, Volume
II, Land Development Code, Chapter 1 : Zoning Ordinance, Article
1-7 : Parking, Loading and Circulation Regulations has been
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
provided to apply these changes . Some additional organizational
changes are included to optimize the code for public use .
RESEARCH & RECOMMENDATIONS
Guest Parking
Staff has observed that guest parking standards of different
local and comparable cities generally vary between . 2 to . 5
guest parking spots per dwelling unit in a multi-family style
development, including townhomes and condominium developments,
with the exact ratio being determined by the needs of each local
community. While the ratios may differ, most cities and towns do
require an additional minimum provision of guest parking in
addition to the minimum provision of resident spaces per unit.
Town or City Guest Parking Standard
Avondale One(1)visitor space per five(5)units must be provided;
And at least one (1)space per multi-family unit must be covered and
assigned to a unit.
Buckeye 2 guest spaces per unit
Chandler No minimum noted.Visitor parking and recreational vehicle storage shall
be clearly identified through signage or curb paint.
Gilbert .25 guest spaces per unit
Glendale .33, 1 Designated guest space for every 3 units.
Florence 1 guest space for every 55 dwelling units
Queen Creek None noted.
Phoenix When the required parking is reserved for residents,additional
unreserved parking is required as follows:03 spaces for each efficiency
unit and 0.5 spaces per each 1 or 2 bedroom unit and 1.0 space per each
3 or more bedroom unit.
Maricopa(City) .2 guest spaces per unit
Maricopa County 20%of the 2 per unit parking spaces shall be reserved for guest parking
spaces.
Mesa Not specifically noted, but when not located near transit there is a 2.1
space per unit parking requirement
Apache Junction Master .5 guest spaces per unit
Planned Community
Peoria .1 guest spaces per unit(.25 per unit for duplexes/triplexes)
Pinal County A guest spaces per unit
Scottsdale .16 guest spaces per unit(1 for every 6 units)Guest spaces shall be
located so they are easily accessed by guests,as determined by the
Development Review Board.
Tempe .2 guest spaces per unit
Table 1 . Guest Parking Requirements
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
3
The past several years of multi-family residential developments
have provided several examples of different guest parking ratios
among various styles of development. While all projects have met
the minimum requirement for resident parking, the ample
provision of guest parking has been a consistent concern
expressed by neighbors of developments, the Planning and Zoning
Commission and City Council .
Project Unit Total Parking Spaces Parking Excess Parking Guest Parking
Count Minimum Provided Ratio(Per DU)
Villas on Superstition 52 122(17 Garages)105 uncovered 104 18 34
Ironwood Station 96 231(192 Garages) 192 39 A
Old West Highway 114 257(228 Garages) 228 29 25
Village
Goldfield Estates 209 471(418 Garages) 418 51 .24
Hamptons East 111 195 385(60 Garages) 366 19 .1
Circle Trail Suites 56 128(112 Garages) 112 16 3
94 W.Roundup 12 36(12 Garage,12 Tandem) 24 12 1
Rennick&Virginia 124 236(167 Garage) 223 13 A
The Residences 201 365 403 38 .2
Havenly Superstition 166 298(12 Garages) 298 0 0
Superstition Junction 20 49(40 Garages) 40 9 A5
Broadway&Delaware 30 68 60 8 .26
MPG - - - - .5
Average Ratio
.31
Table 2 . Recent Multi-Family Residential Developments & Parking
Calculations
Evaluating the data together, Staff recommends a minimum
requirement of .3 guest parking spaces per dwelling unit, which
is within a consistent range of what other cities require and
what a project with ample guest parking generally provides .
Accessible Parking
Accessible parking spaces and their associated standards,
including the ratios determining the required amount of
accessible spaces, are regulated by the Americans with
Disabilities Act (ADA) , which has also been adopted into
municipal building codes, including our own. To clarify related
code questions and consolidate parking information in one place,
the ADA requirements regulating the number of required
accessible parking spaces have been incorporated into the
proposed draft amendment of Article 1-7 Parking Standards .
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
4
Bicycle Parking
The current parking regulations have no provisions regarding
bicycle parking, but in review of the bicycle' s integration
within our transportation system and plans, Staff has
recommended a requirement to provide bicycle racks as part of
the parking requirements of new multi-family residential and
commercial developments .
Motorcycle and Scooter Parking
The current parking regulations also have no provisions
regarding motorcycle and scooter compact spaces, which have the
benefit of providing a safer space for motorcyclists to park and
have the effect of mitigating incidences of damage to the
motorcycles when implemented. Staff has recommended that in
non-residential parking lots, two (2) motorcycle / scooter
parking stalls shall be provided out of every seventy-five (75)
motor vehicle parking spaces required.
Electric Vehicle Parking and Charging Stations
As an emerging technology, there are not many municipal codes
that address requirements for electric vehicle (EV) parking
spaces and charging stations, but recognizing that this
technology is becoming more commonplace and the need is becoming
more prominent, Staff recommends that the parking requirements
be amended to require that in non-residential and multi-family
residential parking lots, one (1) motor vehicle parking space
out of every two-hundred fifty (250) motor vehicle parking
spaces shall be required to be equipped with an electric vehicle
(EV) charging station.
n-4
Prepared by Ni bolas Leftwich
Planner
Attachments :
-Draft of Amendments to Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-7 :
Parking, Loading and Circulation Regulations
Case P-23-16-AM
April 11,2023 Planning and Zoning Commission Staff Report
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 10.
File ID: 23-458
Sponsor: Nicholas Leftwich Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Presentation and discussion of P-22-6-SD, a request by Superstition Springs Holdings, LLC,
represented by Shantha Kumar, for a commercial condominium subdivision of eleven (11)
suites under the name"Gold Drive Development," located near the southeast corner of Gold
Drive and Apache Trail.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City ofApache Junction
Development Services Department
Date: September 5, 2023
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Nicholas Leftwich, Planner
Subject: City Council Agenda Items :
P-22-6-SD Gold Drive Development, Final Plat
Summary
Attached is a copy of the proposed final plat for "Gold Drive
Development" subdivision, a B-2/PD-zoned, 11-suite, commercial
condominium subdivision located at 99 S . Gold Drive, Apache
Junction AZ 85120, approximately located at the southeast corner
of Gold Drive and Apache Trail .
Staff has reviewed the final plat for substantial compliance
with the requirements of the approved Planned Development "PD"
Ordinance No. 1396 and the standards of the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-5 : Zoning Bulk and Use Regulations, Tables
1-5-3 and 1-5-4; and Article 1-4 : Zoning Districts, Section
1-4-3 Planned Development ("PD") Overlay District, and Chapter
2 : Subdivision and Minor Land Division Regulations .
PD Ordinance No. 1396 condition of approval number eight (8)
required that "a separate commercial subdivision process shall
be required should the developer desire to create units for
individual sale after rezoning. It is the responsibility of the
developer to develop the property with the appropriate
infrastructure systems to facilitate a possible future
subdivision, or else improvements may need to be retrofitted
later for a subdivision project, at the developer' s expense . "
Reviews from Staff and utilities, including sewer and water, and
fire district staff has found that the appropriate level of
infrastructure has been provided.
Planning& Zoning- wilding& Sgfety-revenue Development
300 E. Superstition Boulevard o Apache Junction,AZ 85119 * Ph: (480)474-5083 a Fax(480)982-7010
Overall, the final plat represents the development intention
reviewed in the rezoning by planned development case PZ-6-13 and
approved in the associated PD Ordinance No. 1396 . Planning Staff
recommends the approval of the final plat, subject to the final
recording-related items listed in the attached resolution.
Attached:
- 1. Final Plat for Gold Drive Development
- 2. Council Approved PD Ordinance 1396 for Gold Drive Development
Planning& Zoning-,—Building& Sqfety—Revenue Development
300 E. Superstition Boulevard a Apache Junction,AZ 85119 * Ph: (480)474-5083 * Fax (480)982-7010
SUITE—
*BIN
SUITE "B2"SUITE FINAL PLAT FOR
7A1" GOLD DRIVE DEVELOPMENT
SUITE
TRACT "A" "A2" A REPLAT OF OF PARCEL NO. 2, MINOR LAND DIVISION , RECORDED IN 2014- 000154
SUITE IN THE COUNTY RECORDER ' S OFFICE, COUNTY OF PINAL, STATE OF ARIZONA
"Cr I 1
LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH , SUPERSTITION BOULEVARD
Q SUITE RANGE 8 EAST OF THE GI LA AND SALT RIVER BASE AND MERIDIAN , PINAL COUNTY, ARIZONA >
Q "D2" � Q
� SUITE o SITE �
APACHE T
0 "D1" TRACT "A" _O O
SUITE SUITE
O GOLD
SUITE "E2" "F2" SUITES AREA TABLE Z z DRIVE Q W
p
O 2ND
"E1" SUITE AREA , SQ.O FEET ARE (A RES AVENUE
A2 1620 0.037 O
Bl 1,620 0.037 BROADWAY AVENUE �I
SUITE B2 1,620 0.037
KEY MAP "Fi" of 1,949 0.045
NOT TO SCALE D2 1,949 0.045 Lu
E1 1,620 0.037 VICINITY MAP 4
E2 1,620 0.037
F1 1,620 0.037 NOT TO SCALE
FLOOD PLAIN CERTIFICATION CERTIFICATIONS F2 620 0.o37 N
ACCQ
DATED THE SUBJECT PROPERTY IN ZONE X.
FLOOD INSURANCE RATE T M L NUMBER 20E, THIS IS TO CERTIFY THAT THIS FINAL PLAT IS A CORRECT REPRESENTATION
D DECEMBER 4 200 SHEET INDEX OC z'
OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION TRACT AREA & USE TABLE Q O
ZONE X IS DEFINED AS "AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% OF IT; THAT I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON TRACT AREA SQ. FEET AREA ACRES USE
ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR THE FINAL PLAT AND I HEREBY CERTIFY TO ITS CORRECTNESS, AND THAT ALL A 53 368 1226 COMMON AREA* SHEET 1: COVER SHEET U
DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES LOTS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS ARE SET OR . SHEET 2: FINAL PLAT MAP AND VERTICAL BOUNDARY Z
FROM 1% ANNUAL CHANCE FLOOD." WILL BE SET WITHIN 1 YEAR AFTER RECORDATION. * COMMON AREA INCLUDES DRIVE, PARKING, DRAINAGE AREA, SHEET 3: SITE DETAIL
AND LANDSCAPE AREA rOn W
DEDICATION
V U
DAVID S. KLEIN SITE DATA
KNOWN ALL MEN BY THESE PRESENTS: R.L.S. 42137
SUPERSTITION SPRINGS HOLDINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY, GROSS AREA: 74,1Q S. FEET Q. FEET /1.2261. ACRES
S
AS OWNER, IS PUBLISHING THIS PLAT, UNDER THE NAME "GOLD DRIVE DEVELOPMENT" NET AREA: 53,368 SQ. / ACRES
A O
AS SHOWN HEREON FOR THE SOLE PURPOSE OF CREATING SIX NEW UNITS OPEN SPACE: 71.99% Lc
FROM THE EXISTING PARCEL NO. 2, MINOR LAND DIVISION, RECORDED IN 2014-000154 NUMBER OF SUITES: 11
IN THE COUNTY RECORDER'S OFFICE, COUNTY OF PINAL, STATE OF ARIZONA. BASIS OF BEARINGS EXISTING ZONING: B-2/PD
DENSITY. 28 %
OWNER WARRANTS AND COVENANTS TO CITY OF APACHE JUNCTION, AN ARIZONA THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE THE BASIS OF BEARING IS THE MONUMENT LINE OF APACHE TRAIL, ALSO
MUNICIPAL CORPORATION, AND ITS SUCCESSORS AND ASSIGNS THAT OWNER IS REQUIREMENTS OF THE LAND DEVELOPMENT CODE AND ANY OTHER BEING U.S. HIGHWAY 60, USING A BEARING OF SOUTH 89 DEGREES 52
LAWFULLY SEIZED AND POSSESSED OF THE PROPERTY, THAT OWNER HAS A APPLICABLE ORDINANCE AND REGULATIONS. MINUTES 00 SECONDS EAST PER THE RECORD OF SURVEY, SURVEYS BOOK
GOOD AND LAWFUL RIGHT TO MAKE THE CONVEYANCE DESCRIBED HEREIN; AND 15, PAGE 227, RECORDS OF PINAL COUNTY, ARIZONA.
THAT CITY OF APACHE JUNCTION, AN ARIZONA MUNICIPAL CORPORATION, SHALL HAVE
TITLE AND QUIET POSSESSION AGAINST THE CLAIMS OF ALL PERSONS.
TRACT "A" IS NOT TO BE CONSTRUED TO BE DEDICATED TO THE PUBLIC OR CITY,
BUT IS DEEDED TO GOLD DRIVE DEVELOPMENT OWNERS' ASSOCIATION FOR ITS NOTES SURVEYOR ~
USE AND ENJOYMENT AS MORE FULLY SET FORTH IN THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS AND SAID ASSOCIATION SHALL BE RESPONSIBLE �-----�-----�------------- ----------------
FOR THE MAINTENANCE THEREOF IN PERPETUITY, AND SHALL NOT BE REDEVELOPED FOR DEVELOPMENT SERVICES PROJECT ENGINEER DATE A ALL TRACTS NOT DEDICATED TO THE CITY OF APACHE JUNCTION SHALL
) SUPERIOR SURVEYING SERVICES INC.
ANY OTHER PURPOSES. BE IMPROVED IN ACCORDANCE WITH THE APPROVED PLANS AND DEEDED TO 2122 W. LONE CACTUS DRIVE, SUITE 11
THE HOMEOWNERS'ASSOCIATION UPON RECORDATION OF THE FINAL PLAT. PHOENIX, ARIZONA 85027
THE PERSON EXECUTING THIS DOCUMENT ON BEHALF OF A CORPORATION, TRACTS SHALL NOT BE CONVEYED TO ANY PRIVATE OR PUBLIC ENTITY PHONE: (623) 869-0223
TRUST OR OTHER ORGANIZATION WARRANTS HIS OR HER AUTHORITY TO DO SO WITHOUT PRIOR CITY COUNCIL APPROVAL. CONTACT: JAMES WILLIAMSON, PROJECT MANAGER
AND THAT ALL PERSONS NECESSARY TO BIND OWNER HAVE JOINED IN THIS
DOCUMENT. THIS DOCUMENT RUNS WITH THE LAND IN FAVOR OF CITY OF B) THE MAINTENANCE OF LANDSCAPING AND DRAINAGE AREAS EITHER WITHIN
APACHE JUNCTION, AN ARIZONA MUNICIPAL CORPORATION, SUCCESSORS AND ASSIGNS. APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THE PUBLIC RIGHT-OF-WAY AND/OR UP TO A PERIMETER WALL OR FENCE
THIS _______DAY OF ------- 2023. OR PRIVATE YARD SHALL BE THE RESPONSIBILITY OF THE OWNERS' X
FOR: SUPERSTITION SPRINGS HOLDINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY ASSOCIATION OR THE ABUTTING LOT, TRACT OR PARCEL OWNER.
THIS-_-- DAY OF__________, 2023. AS REQUIRED BY ARIZONA REVISED STATUES (ARS) § 45-576 OR EVIDENCE OWNER/DEVELOPER
THAT THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF C) CONSTRUCTION WITHIN UTILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, N
WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. 0
BY: FENCES AND DRIVEWAYS. SUPERSTITION SPRINGS HOLDINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY :3 0 o 0
------------------------------------------- 4389 E. SAN TA ROSA PLACE �
SHANTHA KUMAR D NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION SHALL BE N
GILBERT, AZ 8534 „r- co 0 0
BY:----------------------------- CARRIED OUT IN DRAINAGE PATHS OR RETENTION BASINS AS SHOWN ON THE PHONE: (602) 694-3190 > 0 00 6 6)
ITS: MAYOR APPROVED IMPROVEMENT PLANS AND, EXCEPT AS MAY BE APPROVED BY � .5:,
THE DEVELOPMENT SERVICES PROJECT ENGINEER. FENCING SHALL BE LIMITED 00 N o a�
TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER C° > L
FLOW OR COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION -Z3 N
ATTEST: SHALL NOT BE PLANTED NOR ALLOWED TO GROW WITHIN DRAINAGE PATHS, 0 a o 0
ACKNOWLEDGEMENT CITY CLERK EASEMENTS OR RETENTION BASINS WHICH WOULD IMPEDE THE FLOW OF CERTI FICATION " •"4 �L_ '`
STATE OF ARIZONA ) WATER. o Cc:o a Du-
S.S. THIS IS TO CERTIFY THAT THIS FINAL PLAT IS A CORRECT REPRESENTATION 0 �
COUNTY OF PINAL ) E) MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION 0- N 3 0
ON THIS _-_-------DAY OF ______, 2023, EASEMENTS SHALL BE THE RESPONSIBILITY OF THE GOLD DRIVE DEVELOPMENT OF IT, THAT I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON o 3 �_
BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED OWNERS' ASSOCIATION. SHOULD THE ASSOCIATION NOT ADEQUATELY THE FINAL PLAT AND I HEREBY CERTIFY TO ITS CORRECTNESS, AND THAT ALL cv I
MAINTAIN THEM, THE GOVERNING ENTITY HAVING JURISDICTION OVER THE LOTS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS ARE SET OR cy oo
WHO AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, AT ITS WILL BE SET WITHIN 1 YEAR AFTER RECORDATION. N 00
ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS DISCRETION, MAY ENTER UPON AND MAINTAIN THE DRAINAGE AREAS, AND r I)
SUBSCRIBED TO THE INSTRUMENT WITHIN, AND WHO EXECUTED THE ASSESS THE HOMEOWNERS'ASSOCIATION, ITS SUCCESSORS AND/OR 04
FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED. BENEFITING PROPERTIES THE COST OF MAINTENANCE. 00
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL F THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE - S. ----------------------
SEAL. FINAL PLAT SHALL HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND DAVID S S. KLEIN
R.L.S. 42137
------------------------------------ ASSOCIATED WITH THE FINAL PLAT ON THE OWNERS'ASSOCIATION OR DATE: JULY 19, 2023 Ep LAND
`
NOTARY PUBLIC ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST AND/OR � \F1CAt
MY COMMISSION EXPIRES: BENEFITING PROPERTIES o � MEW ui
c� 42137 . ci
-------------------------- G) SHOULD THE OWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON DAVID S.
ZIP
ANY TRACT THEY OWN WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE KLEIN
AND LOSE THE PROPERTY THROUGH TAX FORECLOSURE OR FORFEITURE OR ° uj
DISSOLVE, THE CITY OR THE GOVERNING ENTITY HAVING JURISDICTION OVER � 7/19/23
`THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, SHALL .g ed....• ' P' ica
ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN INTEREST 1� `
AND/OR BENEFITING PROPERTIES THE COST OF MAINTENANCE OF ALL
IMPROVEMENTS, DRAINAGE FACILITIES, LANDSCAPING AND AMENITIES. Lu
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DATE.• 7119123
JOB: 202102087
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SHEET 3 OF 3
DATE.• 7119123
JOB: 202102087
ORDINANCE . 1396
COUNCILAN ORDINANCE OF THE MAYOR AND CITY OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDINGC 1
, l lAMENDING DISTRICT
MAP, CITY OF APACHE JUNCTION, t , CHANGING THE ZONING
CLASSIFICATIONDISTRICT C
REZONING CASE -6-1 , A REQUEST BY SUPERSTITION
HOLDINGS, LLC, REPRESENTED BY KYLEIGH MERRITT, FROM LOCAL
COMMERCIAL DISTRICT (C-2/PD) TO
GENERAL COMMERCIAL DISTRICTVT (C
3/ LINGLF^T}'� ANY CONFLICTINGQ OVA
DING
FOR T.
WHEREAS, Y.
pursuant to Ordinance No. 1 (C - 5 ,
approved r c 15 2005, r w rezoned_ -cr
small medical clinic and two other commercial pads, but was
never developed; and
WHEREAS, the conceptual Planned Development plan approved
as part of Ordinance . 1252 c not suit the current
development plans and needs of the new ownersthus, a new
development plani ; and
WHEREAS, on November , 2013, the ApacheJunction Planning
and ZoningCommission voted to recommend approval of rezoning
case - .3 by a vote - , for the purpose of allowingthe
propertyto be developedwith i.c l and officecomplex
the outh +/-1.6 acresi the north + -I acre for
futurecommercial deveto t, subject to certain ition for
both current and future development of the property;
WHEREAS, the City Council hereby determines that the
proposed Planned Development Plan conforms to all of the general
criteria cifi in ct.ic 1-16-5 C-3 Local Commercial
District and Section1 ral Criteria of the Planned
Development Zoning District regulations of the City of Apache
Junction in r i a (except as otherwise conditioned
herein) , including compliance wi t the General l , integration
with the surroundingneighborhood, to traffic c cc m n-tion, adequate public facilities, extension of infrastructure,
and that the designshould result in enhancements to
the social, built, and naturalenvironments in the City.
ORDINANCE . 1396
PAGE 1 OF 5
THEREFORE,NOW BE IT ORDAINEDIL
JUNCTION,OF APACHE ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the zoningdistrict classification on the Zoning District
Map, City of ApacheJunction, i for the parcel of land
legally described
The t 190.8 feet of the North 660 feet of the West
7 feet of the followingdescribed property;
The East half of the t half of the Southwest
quarter and the East half of the West half of the West
half of the Southwest quarter of Section 20, Township
North, t, of the Gila and Salt River Base
and Meridian, i _ l County, Arizona; Except any
portion lying i the former US Highway60 right-
of-way own as Pinal County Assessor'sParcel
be and hereby is amended fromLocal Commercial District by
Plannedt - / to General Commercial District by
Planned Development -3/ ) , subject to the following
conditions ofapproval:
1 property rdedicate improve n
necessary rights-of-wayof tiara "and Apache Trail,
as required y the City Engineer and to the city'
engineering standards i li , prior to or at the
time of improvement I n itt l for the Phase 1 -
and/or Phase 2 partsof the proposeddevelopment, as
described n case file -6-13 and incorporated by
reference herein._
) The medical and office complex, future commercial
shall be developedin accordance with the submitted
concept plans incorporated by reference in, to
include but not be limitedto the proposedsite
conceptual elevations andthe proposedcc
configuration, except as otherwise conditioned r i .
3Future n the C-3/PD-zoned property shall include
those 0 lly allowed under t -3 base zone,
ORDINANCE .
except for the following uses pan shop, tattoo and/or
piercing s lip t, outdoor storage businessof any
kind, taxi or shuttle business, on ni Sao for , rescue
mission, soup kitchen or homeless shelter, second-hand
stores, used auto sales, auto or motorcycle repair s
medical marijuana , other uses determinedthe
Zoning tr for to be incompatible with o to -
ri nted neighborhood compatible environment.
4 landscape l for the entire propertyshall
incorporate i i r lint palette t create unifying
landscape theme on both phases of the property. Said
landscape improvements shall be in compliance with the
city'city's LandscapeScreening iromm nts, including
the following additi n l requirements:
) minimum 10-foot-wide landscape strips along east
and southboundaries the property, wherein at least
Sot f the required r oshall be 240 box trees and
all of the shrubs shall be 5-gallon i.nim in size;
) at least 5 of the required trees .lox the
property's of rivApache Trail frontages shall
be 240 box trees all of the required all
be 5-gallon i. i u in i ze
the decomposed granitewithin landscape strips r
islands .11 be l minus in size and of a color which
complements the bui.3 i. colors
-foot high o wall shall r along is
property'seast an south boundaries (exclusive of the
front yard setbackr" of the project) to further
buffer the proposedcommercial uses from the adjacent
residential
} As partof a comprehensive sign package, the Phase 1 and
Phase 2 businesses shall llo to advertise o
multi-tenant monument signs, one each, located on the
Gold rive and ApacheTrail frontages. i monument
signsll be of the same designn size, shall
complement the architecturef the buildings, and shall
be act to Planning Staff review and approval.
5 t such time that a futurebusiness proposes to locate o
the Phase 2 portionthe property, said i.nsshall
ORDINANCE . 1396
PAGE 3 OF 5
be required to comply with all provisions of this Planned
Development in ravel, at a minimuminclude the
construction of on-site and off-site improvements a
required y the city'a Engineers,r , e limited uses and
unifying i n landscape improvements. Any future
building shall ;incorporate t _ architectural design
guidelines e Downtown Overlay District Transitional
Zone. Requested deviationsfrom e provisions of this
ordinance sal.l requi separate l Development
amendment roc
7) The propertye developed in two phases as described
in case file -6-1 .th the c li
improvements to be constructedwith h , except
that the crosswalk ll be constructedwith the Phase 1
portion of the project.
} A separatecommercial subdivision process shall be
required l the developer desire to create units for
individual l after rezoning. It is the responsibility
of the developer to develop the property withthe
appropriate infrastructure to to facilitate
possible future subdivision, or else improvements
need to be retrofitted later for a subdivision r ct,
at the developer's expense.
All development on the property ect to proper
permits inspections, and compliancewith all adopted
City codes andin nce .
1 The subject property shall be substantially developed within
five {5) yyears of this Planned Development rezoning roval;
or the plan may be subject to reversion by City Council
legislative ction pursuant to ache Ixs ttz ran it d Volume ,
ll, ,axd Develett Chapter 1 sxix r xaace,
,article 1-19 Planned Develn0ment Zoni trict.__ For the
purpose f this Planned Development approval, substantial
development shall be evidenced by the construction and
completion of at Least three ) buildings in the Phase I
area.
SECTION1PROVISIONS:
All ordinances and parts of ordinances in conflict with the
provisions f this r i c re hereby repealed.
e
ORDINANCEO. 1396
G
SECTION III PROVIDING FOR SEVERABILITY:
f any section, subsection, sentence, phrase, clause or portion
f this ordinance, or any part of the code adopted herein by
reference, is for any reason held to be invalid or unconsti-
tutional by the isi f any court of competent jurisdiction,
such decision shall not affectthe validity of the remaining
portions thereof.
ADOPTEDPASSED AND MAYOR
APACHE JUNCTION, ARIZONA, THISy
SIGNED AND ATTESTED TO THIS 14X H DAY OF JANUARY2014 .
ON .S. NSALACO
Mayor
ATTEST:
I
KATHLEEN
y
City Clerk
APPROVED
C
City Attorney
ORDINANCE NO. 1396
PAGE 5 OF 5
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 11.
File ID: 23-357
Sponsor: Michael Pooley Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Presentation and discussion of procurement and subscription services for 101 APXN 70
portable radios in the amount of$837,308.60 and 24 APX 6500 mobile radios in the amount of
$174,551.52 from Motorola utilizing the State Cooperative Contract#CTR046830 for a total
amount not to exceed $1,011,860.12. This expenditure was approved in the FY2023124
Budget.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
Apache Junction Police Department
Memorandum
Date: September 5, 2023
To: Mayor Chip Wilson and City Council
From: Chief Michael Pooley
Subject: Purchase from Motorola Solutions -Portable and mobile police
radios.
....................................................................................................................................................................................................................................................................................................................................
The Apache Junction Police Department (AJPD) is requesting a purchase with
Motorola Solutions for (101) new N70 portable radios and (24) APEX 6500 vehicle
radios. These would replace all the radios that do not accept updated software
or programing any longer, the units were purchased in 2007 to 2009. The old units
will then be deprogramed and auctioned off following city policy.
This purchase contract will be using budgeted funds in fiscal year 24 capital
improvement plan budget. The purchase cost for (101 ) portable radios would
be $842,763.60 and $174,551 .52 for the mobile radios.
Thank you for your consideration.
Subscription Services Addendum
This Subscription Services Addendum to the Communications System and Services
Agreement or other previously executed and currently in force agreement, as
applicable "Primary Agreement") is entered into between Motorola Solutions, Inc..,
with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 ("Motorola")and
the entity set forty in the signature block below or in the Primary Agreement
("Customer") ("SSA"). Capitalized terms used in this SSA, but not defined herein,
will have the meanings set forth in the Primary Agreement.
'l end
1.1. Scope. This SSA governs customer's purchase of Subscription Services
(and, if set forth in an Ordering Document, related Services) from Motorola and
provides additional and/or different terms and conditions that govern the sale o
Subscription Services. This SSA will be subject to, and governed by, the terms of
the Primary Agreement. To the extent there is a conflict or inconsistency between
the terms and conditions of the SSA and an associated Ordering Document, the
terms and conditions of the Ordering Document will take precedence over the SSA.
Additional Subscription Services-specific Addenda or other terms and conditions
may apply to certain Subscription Services, where such terms are provided or
presented to Customer.
1.2. Definitions. Capitalized terms used in this SSA shall have the following
meanings;
1 W2.1," a prize sera" shall mean Customer's employees, full-time contractors
engaged for the purpose of supporting the Subscription Services that are not
competitors of Motorola, and the entities (if any) specified in an Ordering
Document or otherwise approved by Motorola in writing (email from an
authorized Motorola signatory accepted , which may include affiliates or other
Customer agencies.
.2.2."Customer Contact Da' shall mean data Motorola collects from Customer,
its Authorized Users, and their end users for business contact purposes.
1.2.3."Customer "shall mean data, information,and content, including images,
text, videos, documents, audio, telemetry and structured data base records,
provided by, through, or on behalf of Customer, its Authorized Users, and their
end users through the use of the Subscription Services, Customer Data does
not include Customer Contact Data, Service Use Data, or information from
publicly available sources or other Third-Party Data or Motorola Data,
1.2. ," unto er- ro i ie rl enV shall mean certain components, including
equipment and software,not provided by Motorola that may be required for use
of the Subscription Services,
Subscription Software Addendum
1.2.5."Documentation" shall mean documentation for the Subscription Services,
Motorola Software, or data that specifies technical and performance features,
capabilities, users, or operation, including training manuals, and other
deliverables, such as reports, specifications, designs, plans, drawings,
analytic , or other information.
1.2.6."Equipment!' shall mean hardware provided by Motorola.
1.2.7."Feedback"shall mean comments or information,in oral or written form,given
to Motorola by Customer or Authorized Users, including their end users, in
connection with or relating to the Products or Services.
1.2.8."Fees" shall mean fees and charges applicable to the Subscription Services
and set forth in an Ordering Document.
1.2.9."Motorola Data"shall mean data owned or licensed by Motorola;
1.2.10. "Ordering Documents" shall mean statements of work, technical
specifications, and other ordering documents setting forth the Subscription
Services to be purchased by Customer and provided by Motorola.
1.2.11. "Process" or "Processing" shall mean any operation or set of
operations which is performed on personal information or on sets of personal
information,whether or not by automated means,such as collection,recording,
copying, analyzing, caching, organization, structuring, storage, adaptation, or
alteration, retrieval, consultation, use, disclosure by transmission,
dissemination or otherwise making available, alignment or combination,
restriction, erasure or destruction,
1.2.12. "Service Use Data"shall mean data generated by Customer's use of the
Subscription Services or by Motorola's support of the Subscription Services,
including personal information, location, monitoring and recording activity,
product performance and error information, activity logs and date and time of
use;
1.2.13. "Subscription Services" shall mean hosted software-as-a-service
provided to Customer, and other software which is either preinstalled on
Equipment or installed on Customer-Provided Equipment and licensed to
Customer by Motorola on a subscription basis.
1.2.14. "Subscription Software" shall mean software which is either
preinstalled on Equipment or installed on Customer-Provided Equipment and
licensed to Customer by Motorola on a subscription basis associated with the
Subscription Services.
1.2.15. "Third-Party Data" shall mean information obtained by Motorola from
publicly available sources or its third party content providers and made
available to Customer through the Subscription Services.
Subscription Software Addendum 2
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separate Addendum to the Primary Agreement to allocate the respective roles as
joint controllers.
8. Security.
8.1. Industry Standard. Motorola will maintain industry standard security
measures to protect the Subscription Services from intrusion, breach, or
corruption. During the term of this SSA, if the Subscription Services enables access
to Criminal Justice Information ("CJI"), as defined by the Criminal Justice
Information Services Security Policy ("WIS"), Motorola will provide and comply with
a CJIS Security Addendum. Any additional security measure desired by Customer
may be available for an additional fee.
8.2. Background checks. Motorola will require its personnel that access CJI to
submit to a background check based on submission of FBI fingerprint cards.
8.3. Customer Security Measures. Customer is independently responsible for
establishing and maintaining its own policies and procedures and for ensuring
compliance with CJIS and other security requirements that are outside the scope of
the Subscription Services provided. Customer must establish and ensure
compliance with access control policies and procedures, including password
security measures. Further, Customer must maintain industry standard security
measures. Motorola disclaims any responsibility or liability whatsoever for the
security or preservation of Customer Data or Customer Contact Data once
accessed or viewed by Customer or its representatives. Motorola further disclaims
any responsibility or liability whatsoever that relates to or arise from Customer's
failure to maintain industry standard security measures and controls, including but
not limited to lost or stolen passwords. Motorola reserves the right to terminate the
Subscription Services if Customer's failure to maintain or comply with industry
standard security and control measures negatively impacts the Subscription
Services or Motorola's own security measures.
8.4. Breach Response Plan. Both parties will maintain and follow a breach
response plan consistent with the standards of their respective industries.
9. General Provisions.
9.1. Third-Party Beneficiaries. This SSA is entered into solely between, and may
be enforced only by,the Parties. Each Party intends that this SSA will not benefit, or
create any right or cause of action in or on behalf of, any entity other than the
Parties. Notwithstanding the foregoing,a licensor or supplier of third-party software
included in the software Products will be a direct and intended third-party
beneficiary of this SSA.
9.2. Cumulative Remedies. Except as specifically stated in this SSA, all remedies
provided for in this SSA will be cumulative and in addition to, and not in lieu of, any
other remedies available to either Party at law, in equity, by contract, or otherwise.
Except as specifically stated in this SSA, the election by a Party of any remedy
provided for in this SSA or otherwise available to such Party will not preclude such
Subscription Software Addendum 13
Party from pursuing any other remedies available to such Party at law, in equity, by
contract, or otherwise.
9.3. Audit• Monitorinq. Motorola will have the right to monitor and audit use of the
Subscription Services, which may also include access by Motorola to Customer
Data and Service Use Data. Customer will provide notice of such monitoring to its
Authorized Users and obtain any required consents, including individual end users,
and will cooperate with Motorola in any monitoring or audit. Customer will maintain
during the Subscription Term, and for two (2) years thereafter, accurate records
relating to any software licenses granted under this SSA to verify compliance with
this SSA. Motorola or a third party ("Auditor") may inspect Customer's and, as
applicable, Authorized Users' premises, books, and records. Motorola will pay
expenses and costs of the Auditor, unless Customer is found to be in violation of the
terms of this SSA, in which case Customer will be responsible for such expenses
and costs.
9.4. Survival. The following provisions will survive the expiration or termination of
this SSA for any reason: Section 4 — Term; Section 6 — Payment; Section 6.1 —
Additional Exclusions; Section 7— Proprietary Rights; Data, Feedback, Section 8 —
General Provisions, and where the context of any section indicates an intent that
such section shall survive the term of this SSA, then such section shall survive.
10. INSURANCE
10.1 Motorola at its own expense, shall purchase and maintain the herein stipulated
minimum insurance with companies duly licensed, possessing a current A.M. Best,
Inc. Rating of B++6,or approved unlicensed in the State of Arizona with policies and
forms satisfactory to Customer.
All insurance required herein shall be maintained in full force and effect until all work
or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of Customer, constitute a material breach of this Agreement.
Motorola's insurance shall be primary insurance as respects the Customer,and any
insurance or self-insurance maintained by Customer shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect Customer.
The General Liability and Auto Liability insurance policies, except Work's
Compensation, shall contain a waiver to transfer rights of recovery (subrogation)
against Customer, its agents, officers, officials, and employees for any claims
arising out of Motorola's acts, errors, mistakes, omissions, work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to Customer under such policies.
Subscription Software Addendum 14
Customer shall be solely responsible for the deductible an/or self retention and
Customer, at its option, may require Motorola to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
The insurance policies, except Worker's Compensation, Cyber Liability, and
Professional Liability, required by this Agreement, shall nameinclude Customer, its
agents, officers, officials and employees as Additional Insureds.
Required Coverage:
10.2 COMMERCIAL GENERAL LIABILITY INSURANCE; Motorola shall maintain
Commercial General Liability insurance with a limit of not less than $1,000,000 for
each occurrence with a$2,000,000 Products/Completed Operations Aggregate and
a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily
injury, broad form property damage, personal injury, products and completed
operations and blanket contractual coverage including, but not limited to, the
liability assumed under the indemnification provisions of this Agreement, which
coverage will be as broad as that on Insurance Service Office, Inc. Policy Form No,
CG0001 1093, or the equivalent thereof.
Such policy shall contain a severability of interest provision and shall not contain a
sunset provision or commutation clause, nor any provision which would serve to
limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least
as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,
CG20101185, or the equivalent thereof, and shall include coverage for Motorola's
operations and products and completed operations.
If required by this Agreement, if Motorola sublets any part of the work, services or
operations, Motorola shall purchase and maintain, at all times during prosecution of
the work, services or operations under this Agreement, an Owner and Consultant's
Protective Liability insurance policy for bodily injury and property damage,
including death, which may arise in the prosecution-of Motorola's work, service or
operations under this Agreement. Coverage shall be on an occurrence basis with a
limit not less thanof $1,000,000 per occurrence, and the policy shall be issued by
the same insurance company that issues Motorola's Commercial General Liability
insurance.
10.3 Professional Liability: Motorola will maintain Professional Liability insurance
covering acts, errors, mistakes and omissions arising out of the work or services
performed by Motorola, or any person employed by Motorola, with a limit of
$1,000,000 each claim.
10.4 CYBER LIABILITY INSURANCE: Cyber Liability insurance with limits not less
that$1,000,000 per claim, with a $2,000,000 aggregate limit. Coverage shall be
sufficiently broad to response to the duties and obligations as is undertaken by
Motorola in this Agreement and shall include, but not limited to, claims involving
Subscription Software Addendum 15
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16. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated
by Customer in accordance with, the provision of A.R.S. §38-511.
The Parties hereby enter into this Subscription Software Addendum as of the
Effective Date.
Motorola: Motorola Solutions, Inc. Customer: City of Apache Junction
By: J S By:
Name: -Jimmy Trivedi Name: Michael Pooley
Title: Area Sales Manager Title: Chief of Police
Date: 8/24/2023 Date:
Subscription Software Addendum 17
Subscription Services Addendum
Exhibit A:Verizon Service Terms-APXNext
For purposes of this Addendum, "Service"means wireless services provided directly or indirectly by Verizon which may
include but it is not limited to data transmission services between wireless devices and computer servers or other
machines,or between wireless devices, with limited or no manual intervention or supervision. Customer acknowledges
that Motorola is not a Telecommunications Services Provider, as defined In the 4 7 U,S.C.A sec. 163, and to Include
within that definition, but not be limited lo, Inter-exchange Carrier, BLEC,CLEC, ILEC and/or DLEC,or wireless service
provider pursuant to licenses Issued by the FCC pursuant to the FCC's rules.
Customer agrees to comply with the additional responsibilities for access to and use of the Service provided by Verizon:
Service Availability. The Service uses radio technologies and is subject to transmission and service area limitations,
interruptions and dropped calls caused by atmospheric,topographical or environmental conditions, cell. site availability,
equipment or its installation, governmental regulations, system limitations, maintenance or other conditions or activities
affecting Service operation. The Service and/or features may not be available in all areas. The Service is only available
within each applicable calling plan coverage area,within the operating range of the wireless systems,and with equipment
that is authorized to operate on Verizon's network.
WARRANTY DISCLAIMER. VERIZON AND ITS AFFILIATES AND CONTRACTORS MAKE NO WARRANTIES
WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY,
FITNESS FOR USE, QUALITY, PERFORMANCE OR NON-INFRINGEMENT OF THE SERVICE OR EQUIPMENT OR
THEIR USE IN CONNECTION WITH THE CUSTOMER PROVIDED EQUIPMENT OR THE COMPANY PRODUCT OR
SERVICE.WITH RESPECT TO VERIZON.
Content Disclaimer. Neither Verizon nor Motorola exercises control over nor has any responsibility for the accuracy,
quality, security or other aspect of any content accessed, received,transmitted,stored,processed or used through Verizon
facilities or any Services(except to the extent particular Services explicitly state otherwise). Customer accesses, receives,
transmits, stores, processes, or uses any content at its own risk. Customer is solely responsible for selecting and using
the level of security protection needed for the content it is accessing, receiving. storing, processing or using, including
without limitation Customer Data, individual health and financial content. Verizon is not responsible if the level of security
protection Customer uses for any particular content is insufficient to prevent its unauthorized access or use,to comply with
applicable law,or to otherwise fully protect the interests of Customer and others in that content.
Use of Customer Data,Verizon,Verizon Affiliates and their respective agents,may use, process and/or transfer Customer
Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for
personal information): (a) in connection with provisioning of Services; (b) to incorporate Customer Data intodatabases
controlled by Verizon, Verizon Affiliates or their respective agents for the purpose of providing Services; administration;
provisioning; billing and reconciliation; verification of Customer identity, solvency and creditworthiness-, maintenance,
support and product development;fraud detection and prevention;sales, revenue and customer
analysis and reporting;market and customer use analysis; and (c)to communicate to Customer regarding Services.
Network Monitoring. Transmissions passing through Verizon Facilities may be subject to legal intercept and monitoring
activities by Verizon, its suppliers or local authorities in accordance with applicable local law requirements. To the extent
consent or notification is required by Customer or end users under applicable data protection or other laws,Customer grants
its consent under this Agreement and represents that it will have at all relevant times the necessary consents from all end
users,
Customer Consent. Customer warrants that it has obtained or will obtain all legally required consents and permissions
from relevant parties (including data subjects)for the use, processing and transfer of Customer Data as described in this
clause.
Customer Consent to Use of U.S. Customer Proprietary Network Information ("CPNI"). [Not Applicable to Arizona
customers.] Verizon and its affiliates (the "Verizon Companies") may need Customers permission to share information
about Customer as described below.The Federal Communications Commission("FCC")and various states require Verizon
to protect certain information that is made available to it solely by virtue of Customer relationship with it.This information is
known as Customer Proprietary Network Information CPNI"), and it includes information relating to the quantity, technical
configuration,type,destination,location,and amount of use of Customer telecommunications services purchased(including
specific calls Customer makes and receives)and related local and toll billing information, CPNI doesnot include subscriber
lists or published information (listed or unlisted), such as Customer's name, telephone number and address; such
information is not subject to the CPNI rules'use limitations.The Verizon Companies acknowledge that Customer has a right
under federal and state law to protect the confidentiality of Customers CPNI, and to direct the Verizon Companies not to
use Customer's CPNI onto limit use and disclosure of and access to it, and the Verizon Companies have a duty to comply
with the limitations Customer designates. By its signature on this Agreement, Customergrants the Verizon Companies
permission,solely for the purpose of offering Customer current and future products and services available from the Verizon
Companies and from the Vodafone Companies, to use, to permit access to and to disclose Company's CPNI among the
Verizon Companies, to their agents, contractors, and partners, and to the Vodafone Companies. (The "Vodafone
Companies" refers to Vodafone Group PLC, Vodafone Group Service Limited, their affiliates and partner networks),
User Disclosures. THE CUSTOMER UNDERSTANDS AND AGREES THAT IT: (1)HAS NO CONTRACTUAL
RELATIONSHIP WITH THE UNDERLYING SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS; (2) IS
NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN MOTOROLA SOLUTIONS INC. AND THE
UNDERLYING CARRIER; AND (3) ACKNOWLEDGES AND AGREES THAT THE UNDERLYING CARRIER AND ITS
AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO
CUSTOMER AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS OR DEMANDS THEREFOR,
LIMITATION OF LIABILITY. NOTWITHSTANDING SECTION 11 OF THE AGREEMENT, NEITHER MOTOROLA NOR
VERIZON AND THEIR AFFILIATES AND CONTRACTORS WILL HAVE ANY LIABILITY TO CUSTOMER OR ANY END
USER:
A) IF CHANGES IN THE SERVICE OR IN THE VERIZON NETWORK, SYSTEMS,
OPERATIONS,EQUIPMENT, POLICIES OR PROCEDURES RENDER OBSOLETE
OR OUTDATED ANY EQUIPMENT, HARDWARE, DEVICES OR SOFTWARE;
B) FOR ANY CAUSES OF ACTION, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER
ARISINGOUT OF(1)MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, OR DEFECTS
IN FURNISHINGTHE SERVICE, (11)FAILURES OR DEFECTS IN THE VERIZON NETWORK
OR SYSTEMS,
C) FOR ANY INJURY TO PERSONS OR PROPERTY, LOSSES (INCLUDING ANY LOSS OF
BUSINESS), DAMAGES, CLAIMS OR DEMANDS OF ANY KIND OR NATURE, INCLUDING,
BUT NOT LIMITED TO, USE OR INABILITY TO USE THE SERVICE, RELIANCE BY
CUSTOMER ON ANYDATA PROVIDED OR OBTAINED THROUGH USE OF THE
SERVICE, ANY INTERRUPTION, DEFECT, ERROR, VIRUS, OR DELAY IN OPERATION
OR TRANSMISSION, ANY FAILURE TO TRANSMIT OR ANY LOSS OF DATA ARISING
OUT OF OR IN CONNECTION WITH THE AGREEMENT, IN NO EVENT SHALL VERIZON,
MOTOROLA, OR ITS VENDORS BE LIABLE FOR LOSSES, DAMAGES, CLAIMS OR
EXPENSES OF ANY KIND ARISING OUT OF THE USE OR ATTEMPTED USE OF, OR
THE INABILITY TO ACCESS, LIFE SUPPORT OR MONITORING SYSTEMS OR DEVICES,
911 OR E91 1, OR OTHER EMERGENCY NUMBERS OR SERVICES; OR INTENTIONAL
MISCONDUCT. FOR THE AVOIDANCE OF DOUBT, UNDER NO CIRCUMSTANCES
SHALL VERIZON'S OR MOTOROLAS EXERCISE OF ANY RIGHTS SET FORTH IN THIS
ADDENDUM BE DEEMED WILLFUL OR INTENTIONAL MISCONDUCT.
EQUIPMENT PURCHASE AGREEMENT WITHTI , I
FOR POLICERADIOS
THIS AGREEMENT is made as of the day of September, 2023 (the
"Effective ate") by and between the CITY OF' APACHE JUNCTION, are Arizona
municipal corporation "City" or "Customer") and MOTOROLASOLUTIONS, INC.,
Delaware corporation ("Supplier" or "Motorola"), both of which may be
hereinafter, referred to collectively as t "Parties" or individually as "Party".
RECITALS
A. City desires to retain a vendor to provideportable radios
and accessoriesand pX6500 mobile radios and accessories available
through State Cooperative Contr t # CTR046830 (ors file in the ity's Finance
Department) n to make payment for the same in accordance it the ternarid
conditions set forth in this Agreement, including all attachments and addenda
n
which are appended hereto.
B. The open market procedures have been satisfied by use f the above-
referencedo rn ent l cooperative agreement.
C. The artier have setforth the delivery and payment terms for the radios,
AGREEMENT
NOW,THEREFORE, in consideration of the above Recitals noted above, the
mutual covenants n conditions n below, and other goodand valuable
consideration,the receipt ei and sufficiency of which are hereby acknowledged,the
Parties agree as follows:
a DEFINITION&
"Customer-Provided Equipment" _ Certain components, including
equipment and software, not provided by Motorola.
"Services" -services related to purchased Products
"Ordering Doou nt" - solution descriptions, equipment lists, statements
of work, schedules, technical specifications, and other ordering oon nts
setting forth the Products of n Services to be purchased by Customer and
provided by Motorola and additional rights n obligations of the Parties
"Equipment" - hardware provided by Motorola
"Products" - Equipment, Licensed Software, and Subscription Software
"Licensed Software" m license software which is either preinstalled on
Equipment or installed on Customer-Provided Equipment and licensed to
Customer by Motorola for a perpetual or other, defined license tour
"Subscription Software" - license cloud-based software as a service
products and other software which is either preinstalled on Equipment or
installed on Customer-Provided Eqgal n ut licensed tO CLIstomer by Motorola
n a subscription basis.
°__ _ .._w w Supplier hereby sells to Cityd i rat (the "Equipment")
detailed in Exhibits A (Quote1 ) and B (QuoteNo. 2218447).
,. A . .LI ' DUTIES: Supplier r ll provide the Equipment and make
delivery as detailed in Exhibits A and B, which shall be no later than June 30, 2024,
and also be operatingto City'si f ti n by such date. Failure in operability
shall result in full refund to City by July
m COMPENSATION: In accordance with the ter n conditions of
this Agreement, Cityshall compensate Suppli r for Equipment in an amount not
to exceed Eight Hundred Thirty-Seven Thousand ThreeHundred i ht Dollars
and Sixty Cents ( 837,E . ) in accordance ith Exhibit A for the 101 APXN70
portable radios and an amount not to exceed OneHundred Seventy-Four
Thousand Fivy Hundred andFifty-One Dollars and Fifty-Two Cents ( a1 , 1. )
in accordance iExhibit B for the 24 APX6500it radios, for a grand total
not to exceed of nMillion Eleven Thousand Eight Hundred and Sixty Dollars arid
Twelve Cents 1,011,860.12). The City affirms that a purchaseorder or notice t
proceed is not required for contract r ante or for subsequent years of
service, if any, and that sufficient funds have been appropriated in accordance
with applicable l
M I BILLING: Supplier shall ill i total morn not to exceed
Section above, City shall pay such billings within thirty ) calendar days ofthe
me of receipt.
m.T / _._AL: The term of this rep nt starts on September 19,
, and ends can JLjne 30, 2024
WARRANTY:7. .a_ Motorola Warranties, Subject to the disclaimers n
exclusionsbelow, Motorola represents and warrants that Services ill b
provided in a good and workmanlike mannern ill conform in all material
respects to the descriptions in the applicable OrderingDocument; and ) for
period of ninety ( ) calendar day nning upon the Service Completion
Date for one-time Services, the Services will be free of material defects in
materials nd workmanship. Other than as set forth in subsection ( ) above,
recurring vi are not warranted but rather will be subject to the
requirements of the applicable Addendumor Ordering Document. Motorola
provides other express warranties for Motorola-manufactured Equip nt,
Motorola-owned software Products, and certain Services® Such express
warranties are included in the applicable Addendumr Ordering Document. Such
representations and warranties will apply only to the applicable Product or
Service that is the subject of such Addendumor Ordering Document.
2
A. Warranty Claims; Remedies, To assert a warranty claim, Customer must
notify Motorola in itin f the claimprior to the expiration of any
warranty period setforth in this Agreement or the applicable Addendum
r Ordering Document. Unless a different remedy is otherwise expready
set forth for a particular warranty under an Addendum, Upon receipt f
such claim, Motorola will investigate the claimand use commercially
reasonable efforts to repair or replace any confirmed materially non-
conforming Pr du t or re-perform any non-conforming Service, at its
tine Such remedies are Customer's sole andexclusive remedi for
Motorola's breach of a warranty. Motorola's warrantiesare extended by
Motorola to Customer only, and are not assignable or transferrable.
B. Pass-Through Warranties. Notwithstanding any provision of this
Agreement to the contrary, Motorola will have no liability for thir arty
software or hardware provided by Motorola; provided, however, that t
the extent offered by third-party providers of software or hardware and
to the extent permitted by law, Motorola will pass through express
warranties provided by such third parties.
WARRANTYC. DISCLAIMER. Except for the express and pass through
warranties in this agreement, products and services purchased
hereunder are provided "as is" and with all faults. rr nti set forth
in the agreement are the complete warranties for the products and
services and Motoroladisclaims all other warranties or conditions,
express or implied, including implied r nti of merchantability,
fitness for a particular purpose, title, and quality. Motorola does not
represent or warrant that use of the products andservices ill be
uninterrupted, error-free, or,free of security vulnerabilities, or that the
ill meet customer's particular requirements.
.m&INDEMNIFICATION. General Indemnity. Motorola will defend, indemnify,
and old Customer harmless from and against any and all damages, losses,
liabilities, and expenses (includingreasonable fees and expenses of attorneys)
arising from any actual third-party claim,demand, action,or proceeding ("Claim")
for personal injury, death, or direct damage to tangible property to the extent
caused by Motorola's Motorola' negligence, rosy negligence or willful misconduct while
performing its duties under an Ordering Document or an Addendum, except to the
extent the claim arises from Customer's negligence or willful misconduct.
Motorola'Motorola's dutiestinder this Section _ General Indemnity are conditioned upon:
( ) Customer promptly notifying Motorola in writing of the Claim; ( ) Motorola
having solo control of the defense of the suit and all negotiations for its settlement
or compromise; and (c) CLIstomer cooperating with Motorola and, if requested by
Motorola,, rovi in reasonable assistance in the defense of the Claim.
Motorola ill defend indernnify and hold harmless Customer from and
against any third-party claim alleging that a Motorola-developedr
3
manufactured ro opt or Service (the "Infringing r a t") directly
infringes United States patent or copyright ("Infringement Claim"),
and Motorola will pay all damages finally awarded against Customer
by a court of competent jurisdiction for an Infringement Claim, or
agreed to in writing oatoa la in settlement of an Infringement
Claim. Motorola'stie under this Section . Intellectual Property
Infringement are conditioned upon: (a) Customer promptly notifying
Motorola in writing of the Infringement Claim; (d) Motorola having
sole control of the defense of the suit and all negotiations for its
settlement or compromise; and ( ) Customer cooperating with
Motorola and, if requested by Motorola, providing reasonable
assistance in the defense of the Infringement Claim,
L If an Infringement Claim occurs, or in Motorola's Motorola' opinion i
likely to occur, Motorola may at its tion and expense: (a)
procure for Customer the right to continua Using the
Infringing Product; ( ) replace or modify the Infringing
Product so that it becomes non-infringing; or ( ) grant
Customer (i) a pros-rated refund of any amounts pre-paid for
the Infringing Product (if the Infringing roe t is a
software Product, i.e., Licensed n oft are or Subscription
Software) or (ii) a credit for the Infringing Product, lass a
reasonable charge for depreciation if the Infringing
Product is Equipment, including ui ant with embedded
software).
H. In addition to the other damages i lai a under this
Agreement, Motorola will have no duty to defend or
indemnify Customer for any Infringement Claim that arises
from or is based upon: (a) Customer Data, Customer-
Provided Equipment, Non-Motorola Content, or third-party
equipment, hardware, software, data, or other third-party
materials; ( ) the combination of the Product or Service
with any products or materials not provided by Motorola;la; (a)
a Product or Service designed, modified, or manufactured
in accordance it Customer's designs, specifications,
guidelines or instructions; ( ) a modification of the Product
or Service by a party other thanMotorola; ( ) use of the
Product or Service in a manner for which the Product or
Service was not designed or that is inconsistent with the
terms of this Agreement; or ( the failure by Customer t
use or install an update to the Product or Service that i
intended to correct the claimed infringement.
D. Limitation of Liability.
av DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR
PERSONAL INJURY , ITS AFFILIATES,
4
AND ITS AND THEIRRESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS,
ASSIGNSAND LL TI LY, T "MOTOROLA PARTIES")
ILL NOT BE LIABLE IN CONNECTIONIT THIS AGREEMENT
(WHETHER T" L 'S INDEMNITY OBLIGATIONS,
CAUSE F ACTION FOR BREACH OF CONTRACT, UNDER TORT
THEORY, OR OTHERWISE) FOR ANY INDIRECT, I T L,
SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL
DAMAGESDAMAGES OR FOR LOST PROFITS EVE ,
EVEN IF MOTOROLA HAS BEENISCUSTOMER OR
Y THIRD TY OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES AND WHETHERT SUCH
ARE FORESEEABLE. I T DAMAGES. EXCEPT FOR
PERSONAL INJURY OR DEATH, THE TOTAL T
LIABILITY OF THE MOTOROLAPARTIES,WHETHER BASED
CLAIM IN CONTRACT OR I - , LAW OR EQUITY, RELATING
TO OR ARISINGOUT OF THE AGREEMENT WILL NOT EXCEED
THE FEES SET FORTH IN THE ORDERINGT UNDER
WHICH THE CLAIMIT T I THE
FOREGOING, FANY SUBSCRIPTION FT FOR ANY
RECURRINGS, THE MOTOROLA PARTIES' TOTAL
LIABILITY FOR ALL CLAIMS RELATED TO SUCH PRODUCT OR
RECURRINGI THE AGGREGATEILL NOT EXCEED
THE TOTAL FEES I FOR SUCH SUBSCRIPTIONFT
RECURRINGOR 1 F, AS APPLICABLE, DURING THE
CONSECUTIVETWELVE ( ) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT FROM WHICHTHE FIRST CLAIM
ADDITIONAL EXCLUSIONSNOTWITHSTAN DINGOTHER
PROVISION F THIS AGREEMENT, MOTOROLA WILL HAVE NO
LIABILITY FOR DAMAGES ARISING OUT OF ( ) CUSTOMER
DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY
OTHER T AVAILABLE THROUGH THE PRODUCTS OR
SERVICES; ( T I DED EQUIPMENT,
NON-
MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY
EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER
THIRD-PARTY T I L , OR THE COMBINATION OF
PRODUCTSSERVICES IT Y OF THE FOREGOING; ( )
LOSS F DATA OR HACKING, , OR OTHER
THIRD-
TY ATTACKS OR DEMANDS; { } MODIFICATION OF
PRODUCTSI S BY ANY PERSON OTHERTHAN
T L ; (F) RECOMMENDATIONS PROVIDEDI
CONNECTION IT Y THE PRODUCTS AND SERVICES; (F
DATA RECOVERY SERVICES OR DATABASEIFI TI ;
OR ( CUSTOMER'S OR ANY AUTHORIZED USER'S BREACH OF
THIS FF F T OR MISUSE OF THE PRODUCTS AND
SERVICES.
5
9. Confidentiality.
ata Confidential Information. "Confidential Information" ears any and
all non-public information provided by one Party ("Discloser") to the
other ("Recipient") that is disclosed tinder this Agreement in oral,
written, graphic, machine recognizable, or sample form, being
clearly designated, labeled or marked as confidential or its
equivalent or that a reasonable businessperson would consider non-
public and confidential by its nature, With respect to Motorola,
Confidential Information will also inclUde Products and Services, an
ocaa enation, as well as any other information relating tot the
Products and Services. The nature and existence of this Agreement
are considered Confidential Information of the Parties, In order to be
considered nfidential Information, information that is disclose
orally MUst be identified as confidential at the time of disclosure and
confirmed by Discloser by submittinga written document to
Recipient within thirty ( 0) calendar days after such disclosure. The
written document must contain a summary of the Confidential
Information disclosed with enough specificity for identification
purpose and must be labeled or marked as confidential or its
equivalent.
b. Obligations of Confidentiality. During the Term and for a periodof
three ( ) years from the expiration or termination of this Agreement,
Recipient will (a) not. disclose Confidential Information to any third
arty, except as expressly permitted in this Section _ Confidentiality;
(b) restrict disclosure of Confidential Information to only those
employees (including, employees of any wholly owned subsidiary, a
parent company, any other wholly owned subsidiaries of the same
parent company), agents r consultants who must access the
Confidential Information for the purpose of, and who are bound y
confidentiality terms SUbstantially similar to those in,this Agreement;
(c) not copy, reproduce, revere engineer, de-compile or
disassemble any Confidential Information; d) use the same degree
of core as for its own information of like importance, but at least use
reasonable care, in safeguarding against disclosure of Confidential
Information; (e) promptly notify Discloser upon discovery of any
unauthorized use or disclosure of the Confidential Information and
take reasonable steps to regain possession of the Confidential
Information and prevent further unauthorized actions or other
breach of this Agreement; and (f) only use the Confidential
Information as needed to fulfill its obligations and secure its rights
sander this Agreement.
c. Exceptions, Recipient is not obligated to maintain as confidential any
information that Recipient can demonstrate by documentation (a) is
publicly available a the time of disclosure or becomes available to
6
the public without breach of this Agreement; ( is lawfully obtained
from third party without a duty of confidentiality to Discloser; ( i
otherwise lawfully known to Recipient prior to such disclosure
without a duty of confidentiality to Discloser; or is independently
developed by Recipient without the use of, or reference to, any of
Discloser's Confidential Information or any breach of this
Agreement. d ition lly, Recipient may disclose Confidential
Information to the extent required by law, including a judicial or
legislative order or proceeding,
d. Ownership f Confidential Information. All Confidential Information i
and will remain the property f Discloser and will not be copied r
reproduced without the express written permission of Discloser
(including as permitted herein). ithin ten ( calendar days of
receipt of Discloser's written request, i i nt will return or
destroy all Confidential Information to Discloser alongit all copies
and portions thereof, or certify in writing that all such Confidential
Information has been destroyed, However, Recipient may retain (a)
one ( archival copy of the Confidential Information for use only in
case of a disputeconcerning rning this Agreement and (b) Confidential
Information that has been automatically stored in accordance with
Recipient's t n and backup or recordkeeping procedures,
provided, however that Recipient will remain SUbject to the
obligations tion of this Agreement with respect to any Confidential
Information retained subject to clauses ( or(b)s No license, express
or implied, in the Confidential Information is granted to the Recipient
other than to use the Confidential Information in the manner and to
the extent authorized by this Agreement. Discloser, represents and
warrants that it is authorized to disclose any Confidential Information
tion
it discloses ur su nt to this Agreement.
10. Proprietary Ri ht Data;r Feedback.
a Data Definitions. The following terms will have than stag meanings:
"Customer Cont t Data" means data Motorola collects from
Customer, its Authorized Users, and their end snarl for business
contact purposes, including marketing, advertising, licensing and
salesu uses; "Service n ate generated by
Customer's use of the Products and Services or by of rol 's
support of the Products and Services, including r n l
information, product performance n error information, activity
logs and date n time f use; "Customer Data" Swans data,
information, and content, including images, text, videos, documents,
audio, telemetry, location and structured data base records,
provided y,through, or on behalf of Customer, its Authorized Users,
and their end users through the use of the Products andServices.
Customer ate does not inclUde Customer Contact Data, Service
7
Data,Use or information from li ly available r r other
Third-Party Data or Motorola Data; "Third-Party Data" means
information obtiro y Motorola from publicly available sources or
its third party content providers and made available to Customer
through the Products or Services; "Motorola Data" meanst
owned r licensed by Motorola; "Feedback" ears comments or
information, in oral or written form, given to Motorola by CLIstomer or
Authorized , including their end users, in connectionit or
relating to the Products or Services; and "Process" or "Processing"
pans any operation or set of operations which is performed
personal information or on sets of personal information, whether or
not by automated , such as collection, recording, copying,
analyzing, chin , organization, structuring, storage, adaptation,
or,alteration, retrieval, consultation, use, disclosure by transmission,
dissemination r otherwise skim, available, alignment or
combination, restriction, erasure or destruction.
f Motorola t ri l 4 Customer acknowledges that Motorola may use
r provide Customer with access to software, tools, data, and other
materials, including designs, utilities, models, methodologies,
systems, and specifications, which Motorola has developed or
licensed from third artier (including any corrections, bug fives,
enhancements, updates, modifications, adaptations, translations,
de-compilations, disassemblies, or derivative works of the foregoing,
whether made by Motorola or another party) (collectively, "Motorola
Materials"). The Products and Services, Motorola Data, Third-Party
Data, and Documentation, are considered Motorolat ri l .
Except when Motorola has expressly transferred title or other
interest to Customery way of an Addendum or Ordering Document,
the Motorola Materialsare the property of Motorola or its licensors,
and Motorola or its licensors retain all right, title and interest in and
to the Motorola Materials (including, all rights in patents, copyrights,
trademarks, trade names, trade secrets, know-how, rather
intellectual property and proprietary rights, and all associated
goodwill and moral rights). For clarity, this Agreement does not grant
to Customer any shared developmentrights in or to any Motorola
Materials or other intellectual property, and t r agrees t
execute any documents and take any gather actions reasonably
requested by Motorola to effectuate the foregoing. Motorola and its
licensors reserve all rights not expressly granted to Customer, and
no rights, other than threw; expressly granted herein, are granted t
Customer by implication, t l or otherwise. Customer will not
modify,, disassemble, reverse n in r, derive sourceor create
derivative works from, merge with rather software, distribute,
sublicense, sell, or export the Products andServices r rather
Motorola l terial , or permit any third party to do so.
8
g. Ownership f Customer Data. Customer retains all right, title and
interest, including intellectual property rights, if any, in and t
Customer t o Motorola acquires no rights to Customer Data except
those rights ranted under this including t rightt
Processn use the Customer Agreement Data as set forth in Section -
Processing Customer Data below and in other applicableAddenda.
The Parties agree that with regard to the Processing of personal
information which may be part of Customer Data, Customer is the
controller and Motorola is the processor, and may engage sub-
processorsurtant to Section - Sub-processors.
hA Processing Customer Data.
la Motorola Use of Customer Data. To the extent permitted
law, Customer grants Motorolan its subcontractors a right
to use Customer Data androyalty-free, worldwide, non-
exclusive license to use Customer Data (including to process,
host, cache, store, reproduce, copy, modify, combine,
analyze, create derivative warks from such Customer Data and
to communicate, transmit, and distribute SLIch Customer Data
to third parties engaged by Motorola) t ( perform rvi
and provide Products under the Agreement, ( analyze the
Customer Data to operate, maintain, manage, and improve
Motorola Products n Services, and ( create new products
and services® Customer agrees that this Agreement, along
with the Documentation, are Customer's ca I t n final
documented instructions to Motorola for the processing of
Customer Data. Any additional or alternate instructions mu t
be reed to according to the Change Order process.
Customer represents and warrants to Motorolathat
Customer's instructions, including appointment of Motorola
processor or sub-processor, have been authorized by the
relevant controller.
H. Collection, Creation, Use of Customer Data. Customer further
represents and warrants that the Customer Data, Customer's
collection, creation, and use of the Customer Data (including
in connection it otorol ' Products and Services), are
Motorola's use of such Customer Data in accordance with the
Agreement, will comply with all laws andill not violate any
applicable privacy notices or infringe any third-party rights
(including intellectual property and privacy rights). It i
Customer's responsibility to Detain all required consents,
provided all necessary notices, and meet any other applicable
legal requirements with respect to collection and use
(including for l ' use) of the Customer Data as described
in the Agreement.
iii. Sub-processors. Customer agrees that Motorola may engage
crab-processors who in terra may engage additional
sub-
ca a r to rc personal dat in accordance withthis
Agreement. When engaging sub-processors, Motorola will
eater into agreements it the sub-processors to bind them t
data processing it li tin to the extent required law.
i® Data Retention and Deletion. Except as expresslyprovided
otherwise parader the Agreement, Motorola will delete all Customer
Data following termination or expiration of the Stag Cooperative
Contract T the Primary Agreement or the applicable
Addendum or Ordering Document, with such deletion to occur no
later than ninety ( ) calendar days following the applicable date of
termination or expiration, unless otherwise required to complywith
applicable law. Any requests for the exportation or download of
Customer ate must be made by Customer to Motorola in writing
before expiration or termination, subject to Section _ Notices.
.
Motorola ill have no obligation to retain such Custorner Data beyond
expiration or termination awnless the Customer has purchased
extended storage from t r l through mutually executed
Ordering as nt.
a Service Use Data, CLIstomer understands andriles that Motorola
y collect and use Servicet for its own purposes, including
the uses describedelm t r la may use Service Use Datato )
operate, maintain, manage, and improve exi ti and create new
products and services, ) test products and services, ( ) to
aggregate Service Use Dataand combine it with that of rather users,
and (d) to use anonymizedr aggregated data for marketing,
research or other business purposes. Service Data may be
disclosed to third artier. It is Customer'sresponsibility to notify
Authorized r f Motorola's Motorola' collection and use of Service
Data andto obtain any required consents, provide all necessary
motives, and meet any other applicable legal requirements with
respect to such collection and use, and Custornerrepresents and
warrants to Motorolathat it has complied and will continue to comply
with this Section,
. Third-Party Data andMotorola t rc la Data andWhir arty
Data may be available to Customer through the Products and
Services. u t r°and its Authorized Users may use Motorolat
and Third-Party Data as permitted torol and the applicable
Third-party Data provider, described in the applicable Addendum.
Unless expressly rmitt d in the applicable Addendum, Customer
ill not, and will erasure its Authorized Users will not: ( ) aria the
Motorola t r Third-Party Data for any purpose ether than
Customer's internal business purposes; ( ) disclose the datato third
()
artier; ( ) "white label" such data or otherwise mit resent its
source or ownership, or resell" distribute, sublicense, or
commercially exploit the data in any manner; ( ) use sucht i
violation of applicable laws; remove, obscure, alter, or falsify aray
arks or proprietary rights notices indicating the source, origin, or
ownership f the data; or (f) modify such data or combine it with
Customer Data or other data or use the data to builddatabases.
Additional restrictions may be set forth in the applicable Addendum.
Any rights ranted to Customer or Authorized Users with respect t
Motorola t or Third-Party Data will immediately terminate upon
termination or expiration of the applicable Addendum, Ordering
Document, or this MCA.
1. Notices. Notices required under this Agreement to be given by one
Party to the other must be in writing and either personally delivered or seat to the
address rovid by the other Party by certifiedail, return receipt requested
and postage prepaidr by a recognized courier service, such as Fd , UPS, or
L), and will be effectiveupon receipt.
12.Authorized Users. Customer will enrage its employees andAuthorized
Hers comply with the terms of this rep nt and will be liable for all acts and
omissions f its employees and Authorized Users. Customer is responsible for the
secure management of Authorized Users' names, passwords and login
credentials for access to Products and Services. "Authorized stirs" are
Customer's m Icy , full-time ontr t a engaged for the purpose of
supporting the Products and Servicesthat are not competitors of Motorola, and
the entities ifany) specified in an Ordering DOCUment or otherwise approved by
Motorola roan in writing (email from n authorized Motorolai n t ry accepted),
hick may include affiliates rather Customer agencies.
13. Documentation. Products and Servicesy be deliveredwith
documentation for the Equipment, software Products, or data that specifiles
technical and performancefeatures, capabilities, users, or operation, including
training nu l , and rather deliverables, such reports, specifications,
designs, l ns, drawings, anal tics, or other information (collectively,
"Documentation"). nay nt tin is and will be ownedby Motorola, unless
otherwise expressly agreed in are Addendum or Ordering Document that certain
Um nt tin n will be owned by Customer. Motorola hereby grants Customer
limited, royalty-free, worldwide, non-exclusive license to use the DOCLImentation
solely for its internal business purposesin connection with the Products and
Services.
'l
14. APPLICABLE : The terms and
_ conditions of this
Agreement shall be governedby and interpreted in accordance with the laws of
the Statef Arizona. Any action at law or inequity brought by either party for the
purpose f enforcing a right or rights providedfor in this Agreement, shah be tried
in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties
hereby waive all provisions of lam providing for a change of venue in such
proceeding to any other county. In the anent either Party shall bring suit t
enforce any term of this Agreement or to recover any damages for and on account
of the drench of any term or condition in this Agreement, it is mutually agreed that
the prevailing party in such action shall recover all costs including: all litigation
and appeal expanses, collection expenses, reasonable attorney fees, necessary
witness fees and court costs to be determinedy the court in such action.
13. TIME IS OF THE_ ESSENCE: Time is of the n i h respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
1 . PROHIBITION TO CONTRACT WI I
_._ COTT OF THE STATE........ _ I _ L: h artieracknowledgegA.R.S.
-
393
thrOUgh 35-393.03, as amended, which forbids public entities from contracting
with Supplier who engage in boycotts f the State of Israel. Should Consultant
under this Agreement engage in any such boycott against the State ofisrael, this
Agreement ant shall be deemed automatically terminated y operation of law. Any
such boycott is a material breach of contract.
. CERTIFICATION ....__vPURSUANT TOa A.R.S. - ® In accordance i h
Arizona Revised Statutes § 35-394, Supplier hereby certifies and agrees that
Supplier dnaa not currently and shall not for the duration of this Agreement use:
1) the forced labor of ethnic y war in the People's Rnpwa lie of China, ) any
services or goods produced by the forced labor of ethnic Uyghurs in the la's
Republic of hire, and/or 3)any suppliers, contractors or subcontractors that use
the forced labor or any services or goods producedthe forced labor of ethnic
Uyghurs in the People's Republic of China, If Supplier becomes aware during the
term of this Agreement that Supplier is not in compliance it this Section, then
Supplier shall notify the City within five ( ) business days after becoming aware
of such noncompliance. If Supplier does not provide the City with written
certification that Supplier has remedied such noncompliance within one hundred
eighty (1 0) days after notifying the City of such noncompliance, this Agreement
shall terminate, except that if the Agreement termination date occurs before the
end of such one hundred i ty (180) day remedy period, this Agreement shall
terminate on such contract termination date.
d may be
1 e CONFLICTSOF INTEREST: i rep is subject to, are
terminated by City in accordance with, the provisions of A.R.S. § 38-51° .
1 .__.._ _a. I I°T -City and Supplier each believe that the execution,
delivery n performance f this Agreement are in compliance with all applicable
lags. However, in the unlikely event that any provision of this i
declared i carunenforceabler i construed requiring City to do Agreement any act in
violation of any applicable leas, including any constitutional provision, law,
regulation, or city ), such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in fall force andeffect;
provided that this rep nt shall retroactively be deemed reformed the
extent reasonably possible in such a manner so that the reformed agreement n
any related agreementseffective f the same date) provide essentially the
same rights and benefits (economicand otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibitedapplicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or,
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed,
m FORCE U E: Neither City nor Supplier, as the case may be, shall
be considered not to haveperformed its obligations under this Agreement in the
event of enforce delay n "Enforced De1 ") due to causesbeyond its control
and without its felt or negligence or failure to comply with applicable laws,
including, but not restricted to, acts of God, fire, floods, epidemics, pandemics,
quarantine, restrictions, embargoes, labor disputes, and unusually severe
Bather or the delays of subcontractors or materialmen due to such causes, acts
of a publicenemy, r, terrorism r act of terror (including but not limited to bio-
t rrori m or -t rrc ri ), nuclear radiation, to k , insurrection, riot, labor
strike or interruption, extortion, sabotage, or similar occurrence or any exercise
of the power of eminent domain of any governmenLal body on behalf of any public
entity, or a declaration of moratorium or similar hiatus h th r permanent or,
temporary) by any public entity directly affecting the obligations under this
Agreement. In no event will Enforced clay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any
reason of particular Con l rats, subcontractors, vendors or investors desire
by Supplier, in connection i the obligations under this Agreement. SUPPlier
agreesthat Supplier alone will bear all risks of delay which are not Enforced
Delay. In the event of the occurrence n of any such Enforced Delay, the time or
times for performance of the obligations of the Party claiming I y shall be
extended for a period f the Enforced Delay, provided, however, that the Party
seeking the benefit of the provisions of this Section shall, within thirty ( )
calendar days after such Party knows or should know of any such Enforced Delay,
first notify the other Party of the specific delay in writing and claim the right to an
extension for the period of the Enforced Delay; and provided farther that in no
event shall a period f Enforced Delay exceed ninety ( ) calendar days.
. ENTI.RE__ _AGREEMENT: This rep and any attachments represent
the entire agreement between City andSupplier n upnr d all prior
negotiations, r nt tin or agreements, either express or implied, itt n
or oral. It is mutually understood andrep that no alteration or variation f the
terms andconditions of this r m nt shall be valid unless d in writing n
signed by the Parties heretoWritten and signedndint shall automatically
become part of the Supporting Documents, and shall supersede any inconsistent
prevision therein; provided, however, that any apparent inconsistency shall be
resorted, if passible, by construing the provisionsally complementary
and supplementary.
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this _ - day of
20
SUPPLIER.-
MOTOROLA SOLUTIONS, INC.,
n Delaware corporation
tion
y: Jimmy Trivedi
t : .4�
IT :
ITS OF APACHE JUNCTION, ,
n Arizona municipal corporation
Walter `p hi - iron_________________________________________________®--
Its: Mpyor....ww-----------------
ATTEST:
Jennifer Pena
City Irk
FORM:APPROVED AS TO
Richard J. Stern
City Attorney
EXHIBIT
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EXHIBIT
0 (24) APX 6500
Billing Address: Quote I ate`0512012023
APACHE JUNCTION POLICE Expiration D te:OS12712023
DEPT' Quote Created y:
00 C SUPERSTITION BLVD J ;RED 2YGOWIC7
AP ACHE JUNCTION, 2 85110 Sr Account Executive
U3 J RED.2YC5C1WIC2
motorol solutions.cor
480-604-5122
End CUstomer,
PACHE JUNCTION POLICE DEPT
Jessie Kelley
jkelley@ap ch ju ncflonaz,pov
430-709-4434
Contract: CTR04E530
Freight Terms,FREIGH T PREPAID
Payment Terrns:30 NET
Pricing per Motorola's Arizona State Contract, CTR04.6830
'I Incentive 1;;;:,xpir,ytion Date:09 Yf}1,:,:023 1 ` 4,a8(`1t..,00 0,0% _.-$4GJL'h0,0 -....... $ ,800,00
ApXTNI 6500 P s l to Senes ff::NHANt.r.LtAPX6500
V._
2 251JFRSgr.�yr 3 BN APX 50 E I _`�`. ,.M 100 $" 8 �05.r, `$2,���9,6 2 1 Tz,; .�'�.,�:.,� .��I.,af�L; �b M:3 t+.�,,.t+:.,_s.'t2 e_x,�P �.� ��..;,�3�ri
WlZ MOBILE
7a G:£0031t3,{ F LNH 5 YEAR ESSENTIAL 13 $480 0 0, ',i< Lt80,00 L6,240,0
Svc
nab £.;. 005801"'1A ADD TDIt A OPERATION `t 3 "'495 �'� 0 $x�'
r..., �st_,.�,Jt3 a..�`.GIa �,i1.,wa5 „L4a697.55
Lc 51AU ENH SLLA ;ZONE 15 $1.320,00 21.0% '7t963,60 $1 '.` 2&80
,✓d rt., �3_I ��f;?i� r;r.� � .£ orb a-ti,.is �` ,, p,Lr -� ut,, as �a n
�, ., s a,.mr��e.T€.w`� tvlt.��,. ..�:� ��� t)a�.5b.v,�� a�a. rt.. "....x�,e I $3,105 2s
„ ...,, ° , ,�. 1 3 $0, .a. ' 0O
��e i_�t�"53#��.t�s�r"��� aI'JL:�� L'tT ��L�,,.�_g ��,3 � �afr ¢.��r�� ;i;�3.�>,,� 0,00
ANTENNA t:.. y
,.�E�t
NA NEEDED
t, Ufa 5 '}r'. RVV/ $814,00 27,0 u >..�-4,22 2486
t
2a ?n��'._s3ab�� .:.1.e�..L..aT�a�J�.w��, �< ts"vt s�3 � ���� �L,
2g L 8CR ADD.AUXILIARY SPKR T5 13 ` 66,00 27,0% $48J,8 $6263
!a¢tV�a *.G i.. .r.� r e,xsntr cl tnuta t a�, t�+.. �tr t .cr
'4 i-.:o-r t of )tkre P sui t t,.. -r a t ch s ui n tan3 t.x. 0t h� w xt st :.tt t tv i d ).: ac tndeFk , t acme.`k.^.M,E,between t,hovY"',. _ s""'
Aot.a t a;ate>..,.,a.0 Turns dAi Ur and t�fl V,, SW,,,ard ln.:ms a d Coru�tn a.,o _•a lks a r.a >uDpl, t.,ar rNCM i! eti t.t,,¢,.,,Me sour asPage 1
MOTOROLA 0 (24) APX 6500
SOLUTIONS LJO 2 2 1844
2h C334 AH ADD:A 73 ENCRYPTION 1 $523.00 27,0% $381. 3 $4,963,27
AND ADP
71 G444AH ADD:APA.CONTROL HEAD 13 $0.170 0.0% $0,00 $0,05
SOFTWARE
2J G335A 7 ADD:ANT 1/4 WAVE 13 $15.00 27.0`!/a $10,95 $142,35
762-EIF1MHZ
2k C3805EL EWLASTRO DIGITAL CAI 13 $567,00 27,0% $41191 $5,3330.53
OP APE
21 GAO 1670AA ADD:APX E5 CONTROL 13 $717,00 27,0',% $523,41 $6,804,:33_.
HEAD
2rn 3 22BA ADD: STD I'A1,_M 13 $79,00 37,0% $57,67 $ 4 ,71
MICROPHONE APX
2n G361A€E E3313: P25 T6 1JC`1KING 13 $330,00 27,0% $240,90 $3,131,70
SOFTWARE AF
APX111' E5001 Enh Series ENHANC;EDAPX65330
3 i i25URE9PWlBN APX6500 F:NE.IANC7ED 711300 I"1 $3,35"3,12 27.0% $2,469,68 $27,16645
MHZ MOBILE
3a G: 30AC:" ADDS NO MICROPHONE 11 $0,00 0.0% $0,00 $0,00.
NEEDED APX
3b GA00318AF ENH: 5 YEAR EEAEN-rIAL 11 $480,00 0'0%0 $453,00 $.5,280.00
533(-'
3c iw 72A } ADD:APX 03 HANDHELD 11 $1,041,00 27,0% $759,93 $3,359,23
CH
3r1 GA00580AA ADD TDMA OPERATION 11 $49��.C1C1 27,0% $3613 5 $3o274,85
:3e 3351AU ENK SMARTZONE 11 $1,320,00 27,0% $963,60 $10,599,60
OPERATION APX6500
3f G67DR ADD: REMOTE MOUNT 03 11 $327,00 27,0% $23C3.,+1 $2.625.5I
AFIXM
3g GAO I606AA ADD, NO C. F E/Wl-Fl 11 $0.00 0,0% $0 00 $0.E3
ANTENNA NEEDED
3h G298A S EF1K AEr RO 25 C TAFC`Al1 11 $814,00 17.E3% $94,22 $6,536,42
k1UlTIKE`t'
31 E18CR ADO :AUXILIARY SPKR 7.5 "11 $66,00 7,0°?r;, $48,18 $529,35
WA1`T APX
.r
..,:>y.
.� ,te3. .�, ...".,., ., s,..:e' v, u
v
2
0 SOLUTIONS QUO-F 22:.1844 '
(24) A 500
$} G84:3AP I ADD:AES ENCRYPTION 11 $523,00 _ 27,0% $381.79 $4,199 6
AND ADP
3k G1444AH ADD:APX CONTROL HEAD 11 $0,00 0,0% Moo $0,09
SOFTWARE
31 C 33 5AW AM AN T 114 WAVE $15,00 27,0% $1 ,95 $120.45
762-87OM F1
l n G806BL ENH'A"3TRO DIGITAL CAI 11 $567.00 27.0% 413.91 $4,553,01
OP AEA
3n G 351AH ENH: P25 TRUNKING 1 $330,00 27.0% $240,90 $2,649,90
SOFTWARE APB
5LjbtotG11
$159,992:25
$14,5 59,29
Grand Total
o. F�'ou ..
„ .
4
Page
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 12.
File ID: 23-444
Sponsor: Michael Pooley Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Presentation, discussion, and consideration of procurement of police shooting range cover
from Covershots Mobile Canopies International, a sole source procurement, in an amount not
to exceed $139,079.05.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
Apache Junction Police Department
Memorandum
Date: August 3m. 2023
To: Mayor Chip Wilson and City Council
From: Assistant Chief Johnny John
Subject: Purchase Request for the Canopy for the shooting range
The /\p@ChH Junction Police Department (/\JP[)) is requesting @ppnOv8| to purchase 8
retractable canopy for the police shooting range, made by Cover Shot. This shade structure is
part of the planned and approved range improvement projects covered by Capital
Improvement Project /C|P> money. Our police officers use the outdoor shooting range
throughout the entire year, to include the aunnrngr and winter months. The structure is
designed to provide officers with shade and protection from the elements any time of the
year.
There are no other companies ob|g to provide o similar product that meets all the needs of
the police department, to include size and accessories. This structure will span 104k*e[ in
length and is motorized giving the ability to adapt to necessary training requirements. The
Canopy will also come with built in |ighdnA, fana, overhgad, rear and aide shading all
retractable providing protection from the sun and heat Of the summer.
This request is for a total amount not to exceed $139.079.05. which includes o 1096
contingency amount. This procurement will be funded through the Capital Improvement
Projects funding that was approved this fiscal year.
COVERSHOTS'
July 5, 2023
Mr.Johnny John
Apache Junction Police Department
1001 North Idaho Rd
Apache Junction, AZ 85119
Dear Mr.John
Covershots Mobile Canopies International, LLC, to our knowledge, is the sole producer and
seller/distributor of Mobile Canopies that can come equipped motorized and with a
Retractable Top. We are unique in this product category in that we are able to offer mobile
canopies that have retractable systems, Coversh is is also the only qualified installer of
C versh is Mobile Canopies using our trained Technicians to perform the work.
We are classified as a sole source vendor with municipalities throughout the United States.
Please feel free to contact me at any time with any questions or if additional information is
needed.
Best regards,
44'�Yxac—
Michael Ambler
Owner/President
Covershots Mobile Canopies International, LLC
2702 Kinsey Drive
Surnmerfield, NC 27358
1-88- 82-243
rlaM ej Z:����"tt-.r; -lL s fom
EQUIPMENT PURCHASE AND INSTALLATION AGREEMENT WITH
COVERSHOTS MOBILE CANOPIES INTERNATIONAL
SHOOTING RANGE COVER
THIS AGREEMENT is t day of August 2023 (the
"Effective Date") by and between the CITY OF APACHE an Arizona
municipal ("City"), and COVERSHOTS MOBILE CANOPIES
INTERNATIONAL, a North Carolina`limited liability company, ("Supplier"),
whichi referred "Parties" individually
as a ", r the projecti "Police Shooting
RECITALS
A. City desires to retain a supplierinstaller r a police
shooting rangi cover and to make payment for the same in accordance with
terms and conditions r in thisIncluding
addenda which are appended hereto by mutual agreement of the Parties.
B. The Supplieri sourcei r.
PartiesC. The ! services
Supplier it r i , Including
THEREFORE, iconsideration
i of the Recitals noted above, the
conditionsmutual covenants and below, and other good and valuable
consideration, ipt and sufficiency of which are herebyacknowledged,
Parties
® AGREEMENT:Supplier hereby sells, conveys and transfers to City all
rights, title and InterestIn , and other personal property,
hereinafter referred ipment, detailed in Exhibitshall
Equipment.install such
2. �jUPPLIER`S DUTIES: Supplier shall provide and Install the
deliveryequipment and make ipment as detailed In Exhibit
® Q0_MPENSATION: In accordance
_with the terms and
conditions
this ity shall compensate Supplieriinstallation
thereofITwenty-Sixr
Thirty-FiveHundred and it i r %
Twelvecontingency fee of ix Hundred Forty Three Dollars and Fifty
i , r any change orders for a total of One Hundred Thirty
ine Thousand Seventy-Nine Dollars and Five , )®
4. SUPPLIER BILLING: lier shall bill City a total amount not to
exceed Section above. City shall pay such billings within in ( ) calendar
days of the date of receipt.
5. TERM/RENEWAL: The term of this Agreement starts on September
5, 2023, and ends on March 5, 2024.
ELIV R . , on acceptance City taking
possession of the quipment and after completed installation, City shall have
thirty ( ) calendar days to examine such Equipment and its functionality. Should
City have any product qualityconcerns, it shall within thirty ( ) calendar days
after installation have the unconditional right for a full refund. Failure to notify
supplier within this period of any concerns shall be deemed as acceptance the
individual Equipment and its functionally.
7. ____.__.. Y: Contractor shall guarantee the Equipment an
installation against defective workmanship or materials for a period of one (1)
year as detailed in Exhibit B.
. i Supplier, at its own expense, shall purchase an
maintain the herein stipulated ini u insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of + , or approved unlicensed i
the State of Arizona with policies and forms satisfactory to City.
All insurance required rein shall be maintained in full force and effect til all
Installation r required e performed under the terms of the Agreement is
satisfactorily completed formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Supplier's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance mainaine y City shall not contribute to it.
Any failure to comply i claim reporting rovisions oft e insurance policies
or any breach of an insurance licy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver o
transfer rights of recovery(subrogation) against it , its agents,officers, officials
and employees for any claims arising out of Contractor's acts® errors, mistakes,
omissions, work or service.
e insurance policies may provide coverage is contains deductibles or self-
insured retentions, Such deductible and/or self-insured retentions shall not be
applicable it respect e coverage provided to City under such olicies.
Supplier shall be solely responsiblefor the deductible and/or self-retention an
City, at its option, may require supplier to secure payment of such e uci les or
self-insuredr an irrevocable and unconditional
of credit.
City reserves the right to request and to receive, within ten (10) working ,
certified copies of any or all of the herein required insurance policies
endorsements. City shall not be obligated, , to review same or to advise
policiesSupplier of any deficiencies In such , and such receipt
shall not relieve , or be deemed a waiver_ , i right to insist
strictit Supplier's ithis Agreement.
The insurance policies, Professional
Liability,required by this Agreement,shall name City,its agents,officers,officials
employeesand i
Commercial i
CommercialSupplier shall maintain General Liabilityinsurance with a limit
less than$1,000,000 for each occurrence ,
Operations r limit
Include coverage for bodily injury, broad form property damage, personal injury,
completedproducts and I l coverage Including,
limitedbut not , the liabilityIndemnification i i
this Agreement, which coverage will be at least as broad
Serviceliequivalent
policySuch in a severability of interest i icontain
commutationa sunset provision or , nor any provisioni Iserve
to limit third party actionclaims.
CommercialThe l Liability additional
Insuranceleast as broad as the i , Additional , Form B,
CG ,or the equivalent thereof,and shall include coverage for Supplier's
operations.operations and products and completed
If required by this , if Supplier sublets any part of the work,services or
operations, Supplier shall purchasel times during
of the work, services or operations under this Agreement, Supplier's
Liability insurance policy for bodily injury and property damage, including death,
prosecutionwhich may arise In the , service or operations
under this Agreement. Coverage shall be on an occurrence basislimit
less than $1,000,000policy
insurance i Liability
Insurance.
Automobile i i
maintainSupplier shall i iness Automobile LiabilityInsurance with
combinedi l limit it Injury
$1,000,000 each occurrenceSupplier's it non-
owned vehicles i In iCoverage
will be at least as broad as coverage , `® "(insurance Service Office,
Policy , or the equivalentInsurance shall
Include coveragei i ° If hazardous substances,
materialsr wastes aretransported,
accidentand $5,000,000 per limits it injury
shallSupplier ' Compensation Insurance to cover obligations
Imposed by federalt ing jurisdiction of Supplir'
engaged in the performance of the work r ' , Employer's i ili
insurance of not less than$100,000r each accident, ,
diseaseemployee, and $500,000 li limit.
executionBy i , Supplier certifies °
"We are aware and understand -901 ef
seq. which requires1 liability
workers'compensation or to undertake self-insurancein accordance
with the provisionsi it comply
provisions commencing
Agreement."
If Supplier has no employees forcompensation Is
required, i r shall submit a declarationaffidavit
covenantingIf
coverage.employees subject to
In case any work Is subcontracted, Supplier will require
provide ' Liability insurance
requiredsame extent as i r.
Certificatesr
Priori services r this Agreement, Suppliershall
certificatesfurnish City with r ,or formal endorsements as required
Agreement,the issued by Supplier's insurer(s), as evidence that policies
providing i i
Agreement are In ! force
Junctionand endorsements shall be subject to the approval of the Apache i
office, shall comply withshall
deliveredIssued and "City , City of Apache Junction,
Junction,East Superstition Boulevard, Apache
In the event any Insurance policies required by this Agreement are written
"claims basis, coverage shall extend for two(2)years past completion and
Supplier'sacceptance of
.certificates insurance,
certificatesAll insurance shall be identifiedi iserial
policies i t ! i l Insured
endorsement r a substantiallyequivalent
evidencingto the city attorney) ited by this sectionlfiled
with the Cityi , The policy
or policies 1l be In the usual form of a public liabilityinsurance,
include the following provision:
behalf"Solely as respects work done by or on
Junction,for the City of Apache
It Is agreed that the City of Apache
Junction and its officers and employees areadditional
underinsureds this .„
Insurance required
herein , be canceled, or materially changed
withouti inotice
® conditions i
Agreement shall Arizona. i i
eitherthe State of
enforcingpurpose of i ,shall be tried
In i . The Parties
waivehereby ii providing
proceedingither Party shall bring
enforce any term of this Agreement or to recover any damages for and on account
breachof the rm or condition In this , It Is mutually
the prevailing in such action shall recover allincluding: litigation
and appeal expenses, collection ! attorney
witnessi .
ESSENCE:10. TIME IS OF THE Time
provisionsiAgreement.
materialconstitute a i
6
® PROHIBITION
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge
_ i i i entities r
A.R.S. 4
amended, 393
through 35-393.03, as
ting
with anyone, or any business, who engage in boycotts of the State of Israel.
Shouldi
againstsuch boycott 1, this Agreementshall
automatically i law. Any such boycott Is
breach of contract.
® CERTIFICATION PURSUANT TO A.R.9, J @f accordancei
Arizonait hereby certifies and agrees that
Supplierr r the durationi
ethnic1) the forced labor of _ i i China, 2) any
servicesroduced by the forced labor of ethnic Uyghurs iPeople's
Republici , contractors
servicesforced labor or any
Uyghurs in the People'si iSupplier during
Supplierterm of this Agreement that in compliancei i , then
Supplier shall notify noncompliance. i within fbecoming
Supplierof such City with written
certification that Supplier has remedied such nonciwithin one hundred
eightyi i noncompliance, this
shall terminate, if the Agreement terminationbefore
hundredend of such one ighty (180) day remedy period, this
terminate
13. CONFLICTS OF INTERg�5T:This Agreement is subject
,and maybe
terminatedi ,the provisions of A.R.S.
heretoIN WITNESS WHEREOF the Parties
signedbe l i 1st day of
August-,
SUPPLIER:
CANOPIESCOVERSHOTS MOBILE
INTERNATIONAL, LLC
a North Carolina limited liability
Michael Ambler
Its: Owner
JUNCTION,CITY OF APACHE i
an Arizona municipal i
By:Walter"Chip" its
Its: r
Jennifer
City
RichardAPPROVED AS TO FORM:
City Attorney
7
STATE }
) SS,
COUNTY OF )
The foregoing u ribed and swom to before me this
y .w
of
v i International, Carolina limited liabilityb
company.
I
m >
Notary P Public
My Commission Expires:
STATE F ARIZONA
)
COUNTY OF PINAL
The foregoing u scribed and sworn to beforei day ,, ..,..
f .. .���. k,..,.,.,„-, by Walter" ip"Wilson, as Mayor of the Cityf
Apache Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission ire
EXHIBIT
Quote
16F:= Date Estimate#
www.CoverShotsGo1f.com 719 2021 2211
Phone Number 1-116-508-56"9
Ship To
Name I Address
Apache 4kinct4in Poke Dept
1001 N Idaho Rd
A1'Mw,1unctwn,,%/9q 119
Terms Project
7;'n Domi M01 haLMLC dace U1010"I'D 104'
1 chp,,e
Item Descriphon Oty Rate Total
10 1-20-01-520W, 1 n Mouwi/ed Fchpsculwwp StiMCM Mih HIMMA retractable top l 88 600 00 HH'i'MO 00
W-1 l hilling'slafions 2,080 sq 11,
kioonier io ielect wrp colm
mershms mill quppl% equipmeni roiial.iorkhll,took h"
1P;C.miwl\ '") all hibm
%hooriied unilg require 220 74OV/40%i'o%%cr`reran me
Discounl41ther m 1-rifiveenient Discmini -;1,MO M -50W 00
Lclip,w Pas red i r.,. Vm%der UldtCd Omer 1,nuncs-CuMnvuer lo scleo olor 1.too W 3,4(")00
I ogn Laago, Customer Club hag nsv 2 2 j 10)w 2MO 00
40-20-11-4018 10' Mesh Side Curwin H'Fow Drop kige 2 1,48;00 2,970(Hi
40-1 q-12-40 4 ",()'Me,,di Rc;ir Curtain t 4' Drop 5 L IR9 i"Ir 6,945 00
WO-21W2-6000 10 V Eclipse Sw1wrini-N Rear I 1W Kit 899 00 99400
Subtotal
Price VAid lor 10da Irom the quote daic Sales Tax (0.0%)
111crise sign and return i%iih itapiww tau.
('0%ershols Mob le('"w C ries Ini'Ll �
2702 kinselti [trineTotal
Customer Signature
Page 1
CILINCe
mom
Dam FS maw
Phas w Naaaasks t A v8 ACI 56
feels lace Naamba i-MUM10433 Shp To
Name?Address
�Ape Ow 4staaacsbn Paalle l aR
j Aj'NiS6"41Bfli:CS4 q AZ"11`)
I Terms Prgect
7i%I)amca+.aAh.al<ratr•a:daaeaaaa Ap"he.IusaacIadM14)- 104,
IaaaRalO 6 c611aTc
Ikerrs DeWpat on Oty _ bale -I MI
s
IsAN aaad9 P Pa1 HS
M
*w s HE t1c°r"ely B tso osa,4 H else gym, a'ds,sadssacr w tease a°6ecisas A
"rae'2aw nm Ps m?up i and%66'ng ttmn dier t.atYh Jnd1 194 h.1 %hd%%n
sda the nss waral casstnd F.a d Liaaaas wr"M s:md sea oaa uH 7M
g9astaeF SLq>p) tas 41ac aa6gho>sr'.$c,saaraal pssaa,:P.C aamur,laasfl;W aaapaprlA
ac:claaaPcraal ap,cr;no be c^aohsdas w claarssl imi ,aa caarrca¢haaslaapa Ih
;p7M pa+saa.A "i FANS: 5 311 2,1,81 50
I h9aaca H asaom,P'e,ars; I BAM I S: 10 0400 tact t am)W
I l.Whi
Nihmlla:as:asaas Pane t a'amm¢sa A P"<z A I RFAta:a&sea hssaallcr asses&asr,. hot.and Am, I l.VU 00', l:tl 0 Oil
6
9
NIMMPPaaacaoas.a I rmel spar t_aaAarS&sash inmAl a:raw An smo I crala?ly,Q`adr penal W;D DO i;h511 00
I xcWW P'ag.a k l ;. R rely W P yahle-t`sa,saam" P;a°9cPa,c 9,920 W 8,920 0W
fiesta WPM sea.-Apmhc Jdaaaa•4ac n, A/
i
I
Subtotal
P'ri c Vaahki ksr 30 dt ,l7um the apaa w,Wk Sales Tax (0.0%)
Mahe.mgn and rs.aar$aa"M psaaptsteas4 to
A aaaermwb%sf ,G aaaarpWh Isas'Y,P,I.a.
2702la;anw; 6)r:ac
Sasduasracril h! NL 110
Caaswmer S,awre
Page 2
Quote
mom
Date Estimate ft
i'ho e NkinBher _. 1-116-9i8-507;t_
1 till 1'ra^r~Number i 1-889-981-211, ChpTc
Name 1 Address
%p ha° lBpaILtwn parts.,,D pat-
1001 N id aht,R:t
Qtv'kt19t".14d61G@9toF?. �� ��1 ter°
Terms Prgect
"�4$�:flea„may raot8q R,�a6Qaaaau a6au;:aan �p�s,:Poflv.�4HR14't84�Pa 1'17_ 19D�
saa,mlt 9 rltpa�c
Item Description Oty Pate Total
\5;b4�1t1`:61�` 1 }a�,act,.sr8<.atg�ll:al,,,r
Subtotal W6,41; eta
8'ice Valid W 10 da%,,from the quote c9w Sales Tax (0.0%) SO DO
:1'teease sign and return e,.h p apaaaaat to
1 owrShaa&v Moah1a C'onop ies hta'8 1 pa'
I)rimine0kid,NC 27-;
Customer&gnature
Page 3
EXHIBIT_
COVERSHOTS"
MoWle Conopies
COVERSHOTS MOBILECANOPIES
WarrantyTerms:
• r U.S.Installations the warranty is ®year parts and labor.
o Covers any issue related to quality and installation of the product including
steel,electronics, hardware,wheels, and fabric.
• Does not cover weather related damage.
• For International stall ions,the warranty covers -year parts.
• Covers any issue related to quality and installation of the product including
steel, electronics, hardware, wheels, and fabric.
• Does not ever weather related damage.
In the event of any issue please contact CoverShots at 1,888,881.2433 to fife a report.
CoverShots Mobile Canopies International, LLC
2702 Kinsey Drive,Surnrnerfleld, NC 27358 Toll Free:1-88 ®3 14243
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 13.
File ID: 23-462
Sponsor: Doug Wirthgen Agenda Date:9/5/2023
Index: In Control: City Council Meeting
Presentation and discussion of proposal from Fire Security Electronics & Communications,
Inc. (FSEC)for upgrade of video surveillance system for city facilities in the amount of
$249,904.94.
City of Apache Junction,Arizona Page 1 Printed on 8/31/2023
City of Apache Junction
City Council Meeting September S, 2023
MEMORANDUM T The Honorable Mayor and City Councilmembers
MEMORANDUMTHROUGH: Bryant Powell, City Manager
Matt Busby, Assistant City Manager
MEMORANDUM FROM: Doug Wirthgen, Director of Information Technology
SUBJECT. Fire'Security Electronics& Communications, Inc.., Video
Surveillance System Upgrade at City of A.I Facilities
RLO_UEST
Staff respectfully requests the Mayor and City Council receive a presentation and discuss the
proposal from Eire Security Electronics & Communications, Inc., F EC) intended to upgrade the
video surveillance system currently installed at City of Apache Junction Facilities.
BACKGROUND
The city currently has 160 cameras installed on city owned;and leased properties. Of these 160
cameras, 26 older units need to be replaced, and 5 new cameras must be purchased to properly
manage video coverage.The 165 cameras in service will be added to the new Avignon Alta system
with a 3-year renewable subscription. The implementation of this upgrade with its easy-to-use
interface for recording discoveries will enable one system citywide for dispatch monitoring with
a minimum of 30-days of storage per camera and options for longer cloud-based storage:
RECOMMENDATION
Staff respectfully recommends the city council approve this item when it appears on the Consent
Agenda at the city council meeting set for September 19, 2023.
FSECFire Security Electronics Proposal
& Communications, Inc. August 30,2023
07621 as°ah.2srle.xroaru<,t'tatxr€4x:xitrstn2a*.4*ttcsne.ta932)�5 7971t>FAXx (602)564177€ 1GIAA Contract 1^ 71"10
29315 kx'est liuthra of towad,Suite -FAX,(520)"9-n4,iN.
iwta.F+S y.
rx' F,('.:a�t»e-eat*ant.ti 3em`te. cs.vet*R(,,X' �PfS2�?C*7 CH-ti7,272085(16 1. 11742
:
Cavity of Apache Junction Video Surveillance System tlpd rade at City of Apache Junction Facilities
To For:
City ofApache Junction Video Surveillance System C`pd rade at
00 E Superstition Band City of Apache Junction Facilities
:Apache Junction,Arizona 85119 Jill F.Superstition Blvd
Attn:Doug Wirth e i Apache Junction,Arizona 85119
E-Mail:rovirth en;"ae apuchieplacti nicz oit
!Fire Security Electronics& Communications, Inc. proposes tofurnish:
l ea: Video Surveillance System tip igrade as per the attached breakdown sheet_
Total Purchase Order Price: 2 tr3 s2tkt. t
The following equipment and installation labor shall be provided by Fire Strunity Electronics At Communications,lnc:.
l) At City hall,remove and turn over to the client for disposal a total of twerity-six existing cameras and nutu nting?
brackets along:,with any existing contrid equipment including NVRA,servers,atusha ces,patch panels,or power supplies,
)At City Ball,supply and histallation of twenty-five new contents to be installed in scare existing camera
locations and at new locations to provide comprehensive video coverage of the facility;
3) Al City l iall,supply and installation of new video network cable,version stub ups,and Support hardware,
ail Al Flatiron Park,supply and installation of one new multi-sensor camera to be installed at new location.
5)At Focat Point,supply-and installation of one new multi-storwar carriers to be installed at new location,
Ci) At Library,supply and installation of one new dome carneta„one solar power kit and one F'srl%,switch.
7) At remaining site facilities NIGTC,Prospector Pack,frool,'Skate park.,Aturrial Control,public Works and Police Department:
reniov�< and runt over to the:client for disposal a total of six NVRs and replace theca with seven Cloud Connectors..
8)All labile to setup and test the systerns for proper operation;
9)All shop drawings,project submittals,O&M manuals,and As-wilt drawntits
lit)Training;of"the owners key personnel,
11)Tax burden.
The following items are excluded from this proposal:
1) Supply and installation of any raceways.
2) Supply and installation of any 120 VAC praiser cireud&
)Supply and installation of arty network or d'ON line drops,
4) Any bonds or pertint fives,
Special Conditions:
l) This proposal is based on information provided by firms Wirthgen from City of Apache Junction,
2)The above pticing is brised on tire attached"Germs l:Conditions Any intrdif`tcations to those Terms*f Conditions must be in writing,accepted by
an Officer of F'SEC,and may increase the price accordiingly,
3)Upon plan review by tire Alf],any additional equipment required of the AM will be quoted separately from this proposal and will be cunsidc reel a
change order:
a)Permit Fees,are permit fees Shown an the attached breakdown sheet:are an estimate only and do nor necessary reflect the actual caret of permitting
by the local Al l,l. ' he difference between our enurrate and the actual cost of the permit wilt be billed or credited separately as a change:order to
the this proposal Based on the true cost of pertnit,plan review,and special an;pection fees calculated by the AH1
)For all facilities other than City flail,supply,installation,trouble spurning,or repair of any existing cruncr°as,cabling,pup switches,or other video
surveillance equipment that is toeing reuses{as a part tn'this proposal FSEC will test each individual facility installation and provide the client with a deficiency report.
SEE
ATTACHED TF N ITI N
his kilt rrsrzl s vrt i rr.�l} st tiara r r2 l tl to It 'r s cai� p112(1
Do,not accept without rc>arrlirsg all pages.
Proposed By: David Paul Date: 08,50.'2023
Salesman
Accepted By: Date:
FS C:Proposal# 11742 Page l
FSECFire rri °Electronics- Break-down
& Communications, Inc.
YA-16Ofth,a _Y%pa 1Jt MT i. ,202
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».» VIP(.v, an 7",(a.,AE.as2v1"UP`1
Reference-IGPA f ricefist,Amead mient 3 71023-fully Fxtcuted,xh*z 1GPA,Contract 21-07P-10
Ci ofApache Junction Video Stirveillance Sgfatern Updgrade at Ci "cat"Apacbe Junction Facilities
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TERMS&CONDITIONS
L VENUE It is mutually agreed that regardless of where executed,this Agreement shall be conclusively deemed to
have been executed under and pursuant to the laws of the Mate of Arizona and that the laws of said state,and only
said state, shall be applied hereunder, and that any causes of action between the parties hereto shall only have
jurisdiction and venue in the courts of the Mate of Arizona.
2. ,1ODTICATION No charge or modification of this Agreement,ent,or any provision thereof,shall be binding upon
parties hereto,unless it shall be in writing and signed by the party sought to be charged hereunder.
1 I3 I C IwI�iT LEGAL PROCEEDINGS In the event that an action is brought to enforce any part of this
Agreement,the prevailing party shall be entitled to recover all reasonable expenses,including reasonable attorneys
feet,costs and any other relief to which the prevailing party is otherwise entitled,whether or not suit is instituted,
BINDING EFFECT This Agreement is entered into freely and voluntarily between the parties, and it shall be
binding capon and inure to the benefit of the parties hereto,as well as their respective heirs,personal representatives,
successors and.assigns.
5. ENTIREAGREEMENT T This Agreement constitutes the entire agreement between the parties hereto and supersedes
all prior and contemporaneous negotiationsunderstandings,agreements, inducements and conditions of any nature
whatsoever with respect to the subject matter hereof. 7"his a reerrr rtt sha11 ittctttde all the terrras alto ec€nd ticrn cif
I =PA RFP 21-07P",st y nest and Final Offer,and the IGPA ember*s purchase order.
6 PROVISIONS V B If any provision of this Agreement shall be or shall become illegal or unenforceable,,
1n whole or in part,for any reason,the remaining provisions hereof shall never the:less be deemed valid,binding and
subsisting:
7. INDULGENCES NOT WAIVERS No indulgences extended by either party hereto to the other party shall be
construed a a waiver of any breach on the part of such ether party,nor shall any waiver of"one breach be construed as
a waiver of any rights or remedies with respect to any subsequent breach.
S COUNTERPARTS This Agreement array°be executed in one or more ~wountiaparts,each of which shall be deemed
n original,beat all of which,together shall constitute one and the same instrument;
q. All invoices are due and payable upon presentation and past clue 30 days thereafter,
111 All least clue invoices WILL BE CHARGED a 2 percent per month finance charge on the outstanding balance,
11, Any account over tit)days will be subject to credit held and work such cease until the outstanding balance has
been paid:
12 All equipment shall be ordered upon receipt of approved submittals.
11 Equipment will be invoiced upon receipt and shall be stored in our warehouse until required on site. Should
delivery to site be required for payment,notification within 24 hours of receipt of our invoice shall be given, If on site;
storage.is required for payment, the CONTRACTOR TOR shall provide secure storage at no cost to F.S.E.C.
and the CONTRACTOR R assumes all liability for the safe storage of all equipment untilrequired for
installation. If notification is not given within 24 hours to F.S E.C.then the contractor has agreed that the materials
may be stored in our warehouse and that payment will be trade in accordance with the above.
14, Should terms 12& 13 above be unacceptable,then the Contractor shall notify F a,E?.C,in writing together with the
required delivery dates for the equipment to be on site. Upon receipt of approved submittals,we shall ureter the
equipment for delivery as requested, Any increase in price due to the delayed delivery or any special freight charges
due to expedited delivery shall be addition to contract and shall be changed to the Contractor.
15; A construction schedule,a full set of electrical drawings and a complete set of specifications including all
addendusns shall be supplied to F.S,E.0,by the Contractor within 14 days front placing of order, The schedule
shall show the estimated delivery requirements of all special back boxes to the Contractor, the estimated (late
that F.S.E.C. is required on site and the completion date.
16, The,Contractor shall give F.S.E,C_a minianua t of 14 days notice after total completion of his work to continence on
site. F, E.C",shall need a minintur of 30 days to complete our work from that elate.
17 After F,S,E,C.. has tested the system(s)to its satisfaction,F.S.E. , shall caul for inspection by the authority
having jurisdiction,
I& F.S,E.0.reserves the right to stop work on all projects with this Contractor should any invoices become past due,
19, All bids by F.S.F.C.are based on a single visit to install,trim,test and inspect unless specifically detailed
otherwise,Should the Contractor require multiple visits;additional charges shall apply.
20 All bids are based on work being carried out during normal working hours. Overtime that is worked clue to
Contractor request will be chargeable at our standard overtime e rates.
2 L Should the Contractor call for F,S,E::C,to commence work before:the Contractor is complete,the.Contractor agrees to
pay F.S,E.C,for non-productive:time at our standard service hourly rate.
21 The Contractor shall install the systems)in accordance with the drawings supplied by &E.C".using the materials
detailed by F.S.E C, The Contractor agrees to replace or reinstall any or all items found by 1^.S.E,C.to be in violation
of any applicable Federal,state,Local or National Codes and/or F.S.E.C:approved drawings,
23. The prices and tenns on this quotation are not subject to verbal changes or outer agreements unless approved in
writing by the home office of the seller. All quotations and agreements are contingent upon Strikes,accidents;
Fires,Availability of materials and all other causes beyond our control.
24. Typographical and stenographic errors subject to correction,
25. Purchaser agrees to accept either overage or shortage riot in excess of 10 percent to be charged pro ruts.
26, Purchaser assumes liability for patent and copyright infringement when goods are made to purchaser's specifications.
When quotation specifies material to be furnished by the purchaser,ample allowance must be made for reasonable
spoilage and material must be of suitable quality to facilitate efficient production.
27, Should a contract be canceled for any reason,then a charge shall be inade,including but riot limited to,all work and
expenses incurred to the date of cancellation. Full profit and overhead estimated for tile project and a 25 percent
restocking charge for all equipment ordered and/or received by F.S.E,C.for the project at F.S,E.C,selling price,
28, Fire Security Electronics & Communications, Inc, employs a notification service to fulfill the requirements of
ARIZONA REVISED STATUTES 33.992.01. This is strictly a vehicle to protect yours and Fire Security Electronics
&Columunications,Inc.rights and is not a reflection on anyone's ability to pay.
29, Fire Security Electronics&Communications,Inc.shall invoice any materials,labor,supervision or engineering that it
has expended,as cork progresses, All such invoices are due upon presentation and PAST DUE 30 days front date of
invoice,
30, Fire Security Electronics& Communications, Inc,will not carry out any additional work without a written change
order. F.S.E,C, will prepare any change order documents and submit them to the Contractor for approval and
acceptance. All change orders will be subject to the existing contract terms and conditions,
31. Fire Security Electronics&Communications does riot accept back charges for any reason whatsoever unless they are
brought to the attention and agreed upon in writing by our installation manager at the nine of the occurrence.
31 WARRANTY SERVICE SHALL BE PROVIDED DURING NORMAL WORKING HOURS FOR A
PERIOD OF ONE (1) YEAR AFTER ACCEPTANCE OR FIRST BENEFICIAL USE, WHICHEVER
COMES FIRST. THIS WARRANTY DOES NOT EXTEND TO ANY EQUIPMENT,WHICH HAS BEEN
SUBJECT TO MISUSE, NEGLECT, ACCIDENT, UNAUTHORIZED REPAIR OR ALTERATIONS. IT
DOES NOT COVER USER MAINTENANCE AND ADJUSTMENTS.
31 On-Call Emergency Service will be provided twenty-fino(24)hours,a day.
34. PE IT`FEES are NOT included in the job contract,UNLESS they are specified as being included in the Proposal
document,
35, All materials shall remain the sole property of F,S.E.C,until paid for in full. Should it become necessary for F,S,E,C,
to reclaim any materials that have NOT been paid for,F.S,E.C,may collect fivin the Contractor at lease amount equal
to 1/12th of the total value of such materials for each month the equipment was in service.
36, FSEC does not accept any liquidated damages on any project for any reason whatsoever;as FSEC does not
have any control as to the progress of other contractors and subcontractors who affect our ability to complete
our work on time.
CITY COUNCIL MEETING ROLL CALL Date:
Work Study Regular 9-5 Special 9"-:-
S: E: S: E: S: (�;oo E: e
CITY COUNCIL: Present Ab/ cu Present Ab/excu Present Ab/excu
MAYOR WILSON
VICE MAYOR SCHROEDER / ✓
COUNCILIVIEMBER CROSS OWL
COUNCILMEMBER HECK f
COUNCILMEMBER JOHNSON 1/
COUNCILMEMBER NESSER V
COUNCILMEMBER , SOLLER ✓
TOTAL
CITY STAFF: Present Ab/exc Present Ab/excu Present Ab/excu
City Manager Bryant Powell l/
Assistant City Manager Matt Busby
City Clerk Jennifer Pena ✓
City Attorney Joel Stern
Information Technology Director
Doug Wirthgen
Public Information Officer Al Bravo
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Leslie DeReche
HR Director Anna McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
OTHERS:
Deputy City Clerk Evie McKinney
Int.Planning Manager Sidney Urias
Building&Safety Mngr Adrian Alegria
Senior Planner
Planner Kelsey Schattnik
Associate Planner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
i4r
S:\Templates & Forms\Roll Call -City Council -Attendance.docx to-edc.
J o1A-A•4
City Council
VOTE - ROLL CALL
2� 3 - 9y 7
ITEM #3. 2 3 -u5 y MEETING OF - 6-aoz.3
MOTION BY: SECONDED BY: aL44 k
NOTES: e ca SI?Q)A-
YES NO ABSTAINED
CITY COUNCIL
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER
COUNCILMEMBER NESSER v
COUNCILMEMBER CROSS
COUNCILMEMBER HECK v",
COUNCILMEMBER JOHNSON
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL -7
Vote sheet 1
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # 3- LK4, MEETING OF 7cY 3
MOTION BY: sc.J&a). Leo- SECONDED BY: tea..
NOTES: P
6e- SUP-4 00—w\za or kf,.-S c zG Loc CA GUI
ito&.k iRa nm!w� 7 bar 1t.
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER NESSER
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS v/
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER (/ v
VICE MAYOR SCHROEDER v
MAYOR WILSON v f
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL U
Vote sheet 2
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # F a 3` 5 MEETING OF 9-6-20Z 3
MOTION BY: SECONDED BY:
NOTES: 9. O -
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER SOLLER 1�
COUNCILMEMBER NESSER
COUNCILMEMBER CROSS f/
COUNCILMEMBER JOHNSON
VICE MAYOR SCHROEDER
COUNCILMEMBER HECK
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 3
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # �� a 3- ��% MEETING OF
MOTION BY: ro) SECONDED BY: R iA/,Qty
NOTES:
Jo
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER HECK V
COUNCILMEMBER CROSS
VICE MAYOR SCHROEDER
COUNCILMEMBER NESSER V
COUNCILMEMBER JOHNSON
COUNCILMEMBER SOLLER
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL l
Vote sheet 4
S:/5—Templates&Forms/Vote Call—City Council
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.
1 would-like.to speak on Agenda Item #:
would like to-speak on a Noin-Agenda matter regarding: Y
.41
o
W D X4 0 C�x/4 0 12- zE�fA z d tX
Do you wish to speak before Council on this itern? Yes NoA_ Only If Necessary
I am in favor of the proposed item. I am opposed to the proposed Item.
Z,D Z//_
First Name Last Name
(PRINT)_ f\3 & Y
_
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-fi:ve minute-.limit
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), aminor.(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 lids/h.er�participation with 'the
likelihood that their irnage will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature f Pare 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.
would like.to speak on Agenda Item #:
would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before COunCH on this item? Yes No Only If.Necessaiy
I am in favor of the proposed Item. I am opposed to the proposed Item.
FirsV Name Last.Name
(PRINT)
1�6
Address City Zip Code
_ !ys� :22a Q26G
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speal<ers-shall mal<e 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 cone ents have a fiv_e:.minute-limit.
Consent for Minor to be Audio and/or Video Recorded:
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 understandthat 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. S 1- 602 (A)(9).
Signa ure of Pare /Guardian Date
08/26/20,19
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 #: Cc,
I.would like to speak on a Non-Agenda matter regarding:
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 Mania Last Name
(PRINT)
/ (] p 1
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-fiverninute<<limifi
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 mazy be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during liis/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
Dafie:" I' yCITY OF APA.CME'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 likefio speak on Agenda Item 11: � M
would like to speak on-a Non-Agenda matter regarding: �L ,n
/ 7L
Do you-wish to speak before COL11161 on this item? Yes Y_ No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
PjNDeF_r Me�k -
First Name Last Name
(PRINT)
S EaA(� kD
Address City Zip C de
d E_:�k 0-0
Telephone Email addr-ss
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 Iimit and Public Hearing comments:have a-,fiv.e. minute=:,fim-it.
Consent for M°inor 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. §A-a_602 (A)(9)_
Signature of Parent/Guardian Date
08/26/2019
CITY OF APACHE JUNCTION
� Mayor's' Script or y .. ..
Tuesday, Septern er 05, 2023
A. CALL TO ORDER
I:would like to-call this City of..Apache Junction Council Meeting:of September 55, -
2023 to;order and ask everyone to put.their cell phones on silen� .
B. INVOCATION AND PLEDGE OF ALLEGIANCE
IThe invocation_will be led by &the pledge by . -...;� .
..
Councilmember
C. ROLL.CALL
:- Roll Call, ..: .
D. ..CONSENT AGENDA
As a reminder-Al.l.items under the.Consent Agenda will be approved with one
motio.n:--If a councilmerrmber wishes to remove an item for:further discussion, t e
:;request will be made prior to approving the consent agenda and:will be moved to:
_ _- .
New.Businessi . .
1.: Consideration.of acceptance of:agenda:
2... Consideration:of approval of:minutes of the Regular,neeting of August 15, 2023.
Consideration of a 3. pproval of entering into a contract with Sunland Asphalt & Construction.
Do I have a motion on the consent a ends? wait &the motion and the 2nd
g. . .. -_f — -- ---- -_-- --
:,Roll Cal
AWARDS,:PRESENTATIONSAN D.PROCLAMATIONS ...
TIO S
.4: Proclamation declaring the:week of September:1-7 through'23 as::"Constitution
Week". .�-------- ...
i ,Kelly McDonald with Daughters"of.the American Revolution to accept �#
F. REGIONAL INTERGOVERNMENTAL UPDATES
5; Regional Intergovernmental--meeting updates:from Council
G. CITY MANAGER'S REPORT
6. Ci Maria a .s Re ort. Br ant to re ort
tY g_ p Y P
7. Announcement of:Current Events Al Bravo to'report
K. PUBLIC HEARINGS.-
Items,8 & 9 are.relatedto the,same subject-matter.. After,hearing Staffs
presentation; l will combine the Public Hearings, but we will have a separate
motion on each:item: -
8. & 9: Presentation; discussion, and consideration of ordinance No. 1537 and
Resolution No.-23=19:.Parking; Loadin and Circulation.Re ulations
g,... g
Nicholas Leftwich to start
-,--,t-1,
1. Does the applicant wish to:speak?
2. Any:di cus;ion among council?;
3. As a public.bearing, would:.anyone like to speak on this item?
As pecker walks to podium announce:
Please state.your name and address. You will have 5 minutes:with a 1 minute
,warn�n
9:
4. ,I will now dose the public:.hearingapd ask:for a:motion on:Ordinance
No.1537, Waitfor the.motion and the 21d
LRoII::Ca l I
5:_I will now ask for a motion on Resolution No. 23 19
Wdit for the motion and 2nd
;Roll Call .
1. OLD BUSINESS-.;None atthis:time
J. NEW BUSINESS
10. .Presentation and discussion of P-22=6-SD for a commercial condominium�
subdivision' -' Nicholas Leftwich
NO MOTION -.PRESENTATION ONLY
11. ;Presentation and discussion of procurement of portable and mobile radios:for the,
olice de artment'�p p Chief Pooley .
- NO MOTION - PRESENTATION ONLY
12. Presentation, discussion�and consideration of procurement of police shooting
,range cover. Chief Pooley
'Do 1 have a motion`on this item:?
Roll Call
13. ;Presentation and discussion of proposal for upgrade of Video security system for
ci. facilities' .tY_ Dou.g.Wirthgen:
NO MOTION — PRESENTATION ONLY..
K. COUNCIL-DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND. PURPOSES
M. CALLTO PUBLIC
I would like to remindeveryone that the Call to the:Public is a:courtesy an_d_t
required by law!
It is"a time for:the public to express requests,;communications; com-ments and
suggestions,;
Request to spea:k:forms must-be com leted and handed to th-e city-clerk before;
the end:of the city manager's-report. .:
All.issues shall be:presented_in�a_professionalmannerwithout:p'ersonal att k
Under the open:meeting law; the.council cannot engage in"discussion on the'
issues presented; but.may.respond to.criticisrh and-may direct staff to follow ups
with:the peaker di_rectly:and/or place this.matter ona future agenda for council
discussion.,
_. . Please state your name and address. You:.WiII have 3 minutes with a 1 tunim e
warnin Public cans speak 3 minutes -
g• _ p. _ _ _._ _��
Does council have any requests for staff to follow up one
N. ADJOURNMENT— 11 adjourn this meeting:
i -
CITY COUNCIL MEETING ROLL CALL Date: L?—/? R
Work Study 1a Regular 7-19 64%ecial
S:q:U E:g"O S: 0.5 E:71 S:& o E: �;S$
CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu
MAYOR W I LSON ✓
VICE MAYOR SCHROEDER
COUNCILMEMBER CROSS
COUNCILMEMBER HECK ✓
COUNCILMEMBER JOHNSON
COUNCILMEMBER NESSER
COUNCILMEMBER SOLLER
TOTAL
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell
Assistant City Manager Matt Busby 1/
City Clerk Jennifer Pena ✓ ✓ ✓
City Attorney Joel Stern V11, ✓
Information Technology Director
Doug Wirthgen
Public Information Officer Al Bravo 1/
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff ✓
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Leslie DeReche
HR Director Anna McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
OTHERS:
Deputy City Clerk Evie McKinney
Int.Planning Manager Sidney Urias
Building&Safety Mngr Adrian Alegria
Senior Planner
Planner Kelsey Schattnik
Associate Planner Nick Leftwich
PW Project Engineer Raquel Schatz t/ <ti� 43
City Engineer Emile Schmid
S:\Templates & Forms\Roll Call - City Council -Attendance.docx
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City Council
VOTE - ROLL CALL
ITEM # MEETING OF
MOTION BY: �' ) 'SS SECONDED BY: � R7eo�
NOTES:
Cass `z e(M cC �(_ la S
YES NO ABSTAINED
CITY COUNCIL:
VICE MAYOR SCHROEDER ✓
COUNCILMEMBER NESSER
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL q�
Vote sheet 6
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # co MEETING OF
MOTION BY: _- �(,(.Q(,� SECONDED BY: S(f�r'0-olait-
NOTES:
YES NO ABSTAINED
CITY COUNCIL:
VICE MAYOR SCHROEDER V
COUNCILMEMBER NESSER ✓
COUNCILMEMBER HECK 'll�
COUNCILMEMBER SOLLER ✓
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 6
93
5:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # �3—`'�UZ•. MEETING OF —/`f —Zox 3
MOTION BY: CASs SECONDED BY:
NOTES: �� -t/�)( �r.n (.►.� .
(A)C)I
r kochamac+ .t L�
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER CROSS
COUNCILMEMBER HECK L/
COUNCILMEMBER JOHNSON
VICE MAYOR SCHROEDER tZ
COUNCILMEMBER NESSER
COUNCILMEMBER SOLLER
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 5
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S:/5—Templates&Forms/Vote Call—City Council
4 C�'l E�. Meeting location:
City of Apache Junction, Arizona
a. CityCouncil Chambers
C► a : at City Hall:
Agenda.
. .
300E Superstition Blvd
PIZ Apache Junction,AZ
City-Council Meeting:: 85119
apachej unctionaz:gov
Ph:(480)982-8002
Tuesday,September 19,2023 a 7:0.0: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 ma or.and city council is to
p .. • : .-. 9• 9.. 9. Y. Y
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council ma remove any item,from the consent-agenda for.discussion and.cause a
separate vote on the matter later in the agenda.
1.: 23-495 Consideration of acceptance of agenda.
2. 23=496 : Consideration of approval of minutes of the regular meeting of
September 5, 2023.. ...
3. .. : 23-455 Consideration of approval of procurement and subscription services.
for 101 APXN 70 portable radios.in the amount of$837,308.60 and 24
APX 6500 mobile radios in the amount:of$174,551.52.from Motorola ...
utilizing the State Cooperative Contract#:CTR046830 for a total
amount not to exceed$1,011,860.12. This item was,presented and
discussed at the September 5.th.Council meeting.
4.. : - 23-463 :Consideration of approval on agreement with Fire Security Electronics
& Communications, Inc. (FSE.C).for Video.Surveillance System
Upgrade in the amount of$249,904.94.
5. : -:23-482 Consideration.of approval of entering into a:contract with M. R.Tanner:
Construction for the retrofit of 38 sidewalk.ramps along,Broadway
Avenue.:TFte.work would be through the City of Buckeye.cooperative
Contract#-2020003.05.in-the amount of$128,792.64 plus a 10% ... .
contingency for unforeseen change orders in the amount of
12,879.26 fora total project cost.not to exceed 941,,67.1.90. Work is
planned during October 2023:through:January 2024 time frame.
City of Apache Junction,Arizona Rage 1. Piinted.on 9113/2029
..
City Council Meeting Agenda September 19,2023.
6.: 23-493 Consideration of approval of proposed Resolution No.23-22, a.final.'.'
plat approval for case P-22-6-SD;:a request by Superstition Springs
Holdings,.LLC, represented by Shantha Kumar,for a commercial
condominium subdivision:of eleven (11)suites under the name".Gold.:
Drive.Development"'located near the southeast corner of Gold Drive : .
and Apache Trail;
'E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
_ . .
Awards,presentations.from other orgahizatiohs,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.
7. 23-406 .. Presentation.of 25=year Service,Award..to Matthew King,:of the Apache
... .
Junction Parks and Recreation Department.
8.: 23-501 Proclamation des'ignating:the month of September as Ovarian.Cancer
...Awareness Month:...:'.'
F.- REG.IO.NAL 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.._. ..
9.: 23-497 Brief:summary of intergovernmental updates from mayor and
councilmembers..
G. CITY MANAGER'S REPORT
The city manager,:members of city staff or those individuals designated by the manager may.present
information pertinent to.items under consideration or information related.to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.: . : ..:
10 23-498 .. City Manager's Report.
11. . 23-499 Announcement of.Current.Events.
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be.conducted by the council and.any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any .'
member thereof. Such.remarks shall be limited to Five(5)minutes unless additional time is granted by
the mayor. This-time limitation shall not apply to applicants and their agents appearing:before the council. .
12.. 23-459 Consideration of application for a new Series 12 Restaurant Liquor .
License for.Papa Bear's BBQ, located af1200 W.-Apache Trail;
Apache:Junction,.AZ.The next step in the process is for the.council to
.hold a public hearing on.the application and.make a recommendation:
of approval or denial-to the:Arizona Department of.Liquor License'and ...
Control:.: . : ..: .
66ty OApache.Junction,Arizona Page'2. Printed.on 9/13/2023
City Council Meeting Agenda September 19,2023
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
J. NEW BUSINESS
The council shall consider any business not yet considered.No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CJALL 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 3 Printed on 9/13/2023 C3
V.
CITY OF APACH E:J U NCTION :-
Mayor's'Script
Tuesday, September 19, 2023
A. CALL TO.ORDER
I would like to call:this City of Apache Junction Council Meeting of September_19
2023, to order—and ask everyone-to put their cell phones on silent
B. INVOCATI.ON AND-PLEDGE OF ALLEGIANCE,
The� wile led by: - - -� & hepledey -
'Couricilmember
C: ROLL CALL
_ Ro.l l Cai l
D.. .CONSENTAGENDA
.As.a reminder-All items under the.Consent Agenda will be approved with on
motion. :lf a councilmember wishes to remove an item:for further discussion, the
request will.:be:made prior to approving the consent agenda and-will be moved;to
+New Business 1.
1. Consideration:of acceptarice of agenda. -
2. Consideration of approval of minutes of the Regular meeting of Septernber 5, 2023.
. .... .. .. . .... .. . .... .. ..
3. Consideration of approval of the radio replacements for the:P.D ($1,011,860.12)
4.: . Consideration&approval on contract with Dick and:Fritsche"Design:Group (DFDG) in an
amount of$169,300.00 for long-term master planning services for city.facilities.
5. Consideration of approval on agreement.with Fire Security.Electronics & Communications,
Inc. (FSEC) for..Video Surveillance.System Upgrade.in the amount of 249,904.94. _.. .. .
6. Consideration of approval cont.: ract-with MR Tanner:Construction for the.retrofit of
sidewalk ram s alon Broadwa Aven:ue:;
p g Y
7. Consideration of approval:of proposed Resolution No. 23-2.2 a final plat approval for case
P-22-6-SD. .
Do l have a motion on the consent agenda? wait for the motiori and the 2nd
Ro1I:C
eq
E.- AWARDS, PRESENTATIONS AND:PROCLAMATIONS
8. Proclamation recognizing Matthew.King for his 25-years of service.to the City
_.
of Apache Junction.
9. Proclamation recognizing September as Ovarian Cancer Awareness Month.
F. REGIONAL INTERGOVERNMENTAL UPDATES
10. ,Regional lntergovernmentafrneeting updates from.Council.
G:: :CITY MANAGER'S REPORT
11. City Manager's Report;! Bryant to report
12. Announcement of Current Events AlBravo to report
.. - - -----
H. PUBLIC HEARINGS. _
13. 4 o.nsideration of application for a new Series 12 Restaurant:Liquor License .:
- l
for Pa p a Bear's..BBCs
I. P Jennifer to:report {:
a. 'Does the:a:ppl"icant wish:to:s:peak?
b. qny discussion-among council?i
C. As a public hearing, would anyone like to.speak on this item?�
As speaker walks to:' odium announce:
Please state your name and address. You will ha've'.5 minutes With a 1 minute',
warning: .
d. twill-now close theme pWublic h6aring.an.d ask for a motion: ;Wait for..the.
rn.otion_an ,t e 2: .{
Roll Call . .
I:. OLD BUSINESS= ;None at thi m
J." NEW BUSINESS=None at this:timg-
s
K. -COUNCIL DIRECTION TO STAFF
L.,:. SELECTION OF.MEETING DATES; TIMES, LOCATIONS AND PURPOSES
M. CALL-TO PUBLIC.
would like to remind everyone that the Call to the Pu: blic'is a courtesy.and not
required bylaw.
. _
It is a time for the :public to exp ress. re:q nests, communications, comments and
--- -
suggestions;
Request to.speak forms.must,be completed:and handed to the city clerk:before t e _
end of the cityrrianager's report.. .
_ _ 1
All issues:s.hall be presented in a professional manner.:without personal-attacks!
Under the open meeting law, the council cannot engage in discussion on the issue
presented, but:may respond:to criticism and-may direct staff to follow up with the
speaker.directly and/or:place this matter:on a future agenda for council:d.iscussion.
Please state you r.name and address. You will have 3 minutes with.a 1 minute'
warning: Public can-speak_(3 minutes),
;Does council have any requests for staff to follow up on?
N: ADJOURNMENT: I adjourn this:meeting.j
«i it-RE ouneil 09-19-202
CONSENT AGENDA ITEM NOS. 1-7
I:MOVE THAT THE CONSENT AGENDA BE ACCEPTED AND APPROVED AS PRESENTED.
ITEM # 13 _. . .
I MOVE THAT the application for Series 12 Restaurant Liquor License submitted by.
Papa Bear's BBQ.located at 1200 W.Apache Trail.be recommended'for:
(APPROVAL). or(DENIAL) to the Arizona Department.of Liquor Licenses and.Control
If Denied must state in.the motion as to why:
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 #: ; Q
[would Like to speak on a Non-Agenda matter regarding: 6a�
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.
ve? r7 .
First Name Last Name
(PRINT) ,
Address City Zip Code
Telephone E46il 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 (rninor(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
likelih od that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
ignature 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 Clerlc PRIOR to the conclusion of the City Manager's Report portion of the agenda.
would like to speak on Agenda Item #:
I would like to speak on a Non-Agenda matter regarding: /
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.
F' st Name Last Name
(PRINT)
\ �
Address City Zip Code
=� ' GZ(�
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 strearn showing their participation. A.R.S. 5 1-602 (A)(0).
,(
ignature of Parent/Guardian Date
08/26/2019
TP 1,,�4z-- /-T Z-�L�,
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.
l would like to speak on Agenda Item
I would Like to speak on a Non-Agenda matter regarding: (�• />( I
Do you wish to speak before Council on this itern? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
i vy\�
First Name Last Name
(PRINT)
t 3 ;�� t?- >E�, t fq
Address City Zip C cI
�1(g ---
f,406
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speal<ers shall male 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:
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 rninor 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