HomeMy WebLinkAbout2025 11.04 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd
\gilONr Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday, November 4,2025 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. 25-526 Consideration of acceptance of agenda.
Sponsors: Evie McKinney
2. 25-527 Consideration of approval of minutes of the regular meeting of October
21, 2025.
Sponsors: Evie McKinney
Attachments: CCMIN 2025 10 21 MINUTES DRAFT
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
3. 25-461 Presentation and discussion with Katrina DeVinny, Pinal County
Director from First Things First, regarding regional childcare
challenges.
Sponsors: Chip Wilson
City of Apache Junction,Arizona Pagel Printed on 1013012025
City Council Meeting Agenda November 4,2025
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
4. 25-528 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors: Chip Wilson
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
5. 25-522 City Manager's Report
Sponsors: Bryant Powell
6. 25-525 Announcement of Current Events
Sponsors: Eli Richardson
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
7. 25-543 Presentation and discussion on potential changes to special event
related ordinances within Chapter 8 of the City Code.
Sponsors: Riley King
Attachments: Staff Memo-SE Related Ordinance Updates-Work Session
Special Event Ordinance Work Session Presentation
CURRENT CITY CODE 8-8
Special Event Draft for Council Work Session
Mobile Food Truck Draft for Council Work Session
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.
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City Council Meeting Agenda November 4,2025
8. 25-539 Presentation and discussion on Resolution No. 25-30 authorizing the
City of Apache Junction to enter into an intergovernmental agreement
for commercial driver license testing services with Pinal County.
Sponsors: Spencer Sarager
Attachments: CDL Testing Memo
IGA CDL Testing
Resolution CDL Testing
CDL Testing Presentation
9. 25-553 Presentation and discussion on Case P-25-100-AM, a proposed text
amendment of the Apache Junction City Code, Volume II, Land
Development Code, Chapter 2: Subdivision and Minor Land Division
Regulations to amend the City Code to authorize administrative
approval of subdivision plats to comply with Arizona House Bill 2447.
Sponsors: Nicholas Leftwich
Attachments: P-25-100-AM Staff Memo.pdf
HOUSE BILL 2447.pdf
P-25-100-AM Text Amendment Clean Copy.pdf
P-25-100-AM Text Amendment Redlines Copy.pdf
Presentation HB 2447 Text Amendment
10. 25-554 Presentation and discussion on the proposal to authorize the city to
enter into Intergovernmental Agreement (IGA)with Maricopa County to
facilitate the annexation of Meridian Drive right-of-way.
Sponsors: Nicholas Leftwich
Attachments: Meridian Annexation IGA Staff Report.pdf
09.17.251GA Meridian_Road_Elliot_Road_to_Ray_Road_Perr
Meridian ROW Exhibit.pdf
Presentation Annexation ROW Meridian
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
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City Council Meeting Agenda November 4,2025
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business.All speakers must have already submitted a written "Request to
Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson.All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone,provide their name and address. There is a three (3)minute time limit per
speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 4 Printed on 1013012025
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
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Agenda Item No. 1.
QizoN* File ID: 25-526
Sponsor: Evie McKinney Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No.2.
QizoN* File ID: 25-527
Sponsor: Evie McKinney Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of October 21, 2025.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
rQ f, City of Apache Junction, Arizona Meeting location:
City Council Chambers
•i at City Hall
Meeting Minutes 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday,October 21,2025 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:02 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Soller 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
Evie McKinney, City Clerk
Joel Stern, City Attorney
Ryan Kaup, Economic Development Director
Rob Wisler, Management Analyst
Amy Greening, Deputy City Clerk
Johnny John, Assistant Police Chief
Rudy Esquivias, Development Services Director
Sidney Urias, Development Services Deputy Director
Liz Langenbach, Parks & Recreation Director
Pam Harrison, Library Director
Joseph Penze, Commander
D. CONSENT AGENDA
Councilmember Heck 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
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes October 21,2025
1. 25-516 Consideration of acceptance of agenda.
2. 25-517 Consideration of approval of minutes of the regular meeting of October 7,
2025.
3. 25-481 Consideration of approval of PW#25-001, a contract with Evolution
Mechanical LLC, dba Imcor for the purpose of providing services and repair
to heating, ventilation and air conditioning (HVAC) systems at the City of
Apache Junction properties for five years in an amount not to exceed
$55,000.00 annually.
4. 25-495 Consideration of approval of Resolution No. 25-27, authorizing the City of
Apache Junction to enter into an Intergovernmental Agreement with the
Salt River Pima-Maricopa Indian Community for the acceptance of grant
funds in the amount of$19,638.00 for hearing protection equipment for
law enforcement officers of the Apache Junction Police Department.
S. 25-506 Consideration of award of contract to M.R. Tanner Construction for the
application of a cape seal and slurry seal to select city streets. The pavement
preservation work would be through the City of Buckeye cooperative Job
Order Contract No 2025081 in the amount of$272,753.75 plus a 10%
contingency for unforeseen change orders in the amount of$27,275.37 for a
total project cost not to exceed $300,029.12. Work is planned within the
March-May 2026 timeframe.
6. 25-508 Consideration of approval of the Final Plat for Blossom Rock Phase 1
Townhomes (SV-23-6) in order to facilitate a 130-lot residential subdivision
consisting of approximately 20-gross acres zoned Master Planned
Community (MPC).
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
7. 25-485 Proclamation designating the week of October 19 through October 25,
2025, as "Arizona Cities and Towns Week."
Mayor Wilson read the Proclamation designating the week of October 19 through October 25,
2025, as "Arizona Cities and Towns Week"and presented it to Management Analyst Rob
Wisler.
8. 25-515 Proclamation designating the month of October as "Breast Cancer
Awareness Month."
Mayor Wilson read the Proclamation designating October 2025, as"Breast Cancer Awareness
Month." He presented it to Brenda Hamilton and Elizabeth Ayers-Cluff with Impact One Breast
Cancer Foundation. Ms. Ayers-Cluff explained the services the foundation provides and
thanked the Council for inviting them to accept the Proclamation. Ms. Hamilton spoke about
the foundation's connection with the City and thanked the Council.
F. REGIONAL INTERGOVERNMENTAL UPDATES
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City Council Meeting Meeting Minutes October 21,2025
9. 25-518 Brief summary of intergovernmental updates from mayor and
councilmembers.
Vice Mayor Schroeder, Mayor Wilson and Councilmember Cross attended the Arizona
Transportation Policy Summit. They met with representatives from the Arizona Department of
Transportation (ADOT)and shared the needs and necessities for the roads in the East Valley.
ADOT promised to set up neighborhood community meetings with Apache Junction and
neighboring cities to help address these issues. Councilmember Cross commented on the lack
of funding to keep roads safe and to build new roads.
Mayor Wilson and Councilmember Cross attended the groundbreaking for FlightSaftey
International at Mesa Gateway Airport and shared information about the flight training school.
G. CITY MANAGER'S REPORT
10. 25-519 City Manager's Report
City Manager Bryant Powell shared pictures from the Faith and Blue event that was held
October 12, 2025, at The Church of Pentecost. He spoke about how great the event was and
invited more of the community to attend in the future.
Mr. Powell shared a video of the drainage project called the Verge and stated how effective it
was during the recent rainstorms.
Mr. Powell spoke about the swift water rescue that two (2)Apache Junction police officers,
Sergeant Lewinsky and Officer Ballinger, participated in during the rainstorms. He played the
clip that was on the news and thanked the police officers for being everyday heroes. He
explained that this is why the Weekes Wash project is so important to public safety and played
another video clip that shows the aftermath of a large rainstorm and the clean up that Public
Works did. He thanked the Council for all their support with the Weekes Wash project.
11. 25-512 Presentation and discussion with Maricopa Association of Governments
(MAG) Executive Director, Ed Zuercher, and Senior Planner, Hannah
Quinsey.
Executive Director of Maricopa Association of Governments (MAG) Ed Zuercher announced
that he will be retiring from this position in three (3)weeks and has accepted the position of
City Manager of Phoenix. He shared his appreciation in working with MAG and Mayor Wilson
and City Manager Bryant Powell. He explained why MAG was established by the federal
government and showed a map of the region they cover. Mayor Wilson represents the City on
the Regional Council and Mr. Zuercher thanked him for his participation and strong voice.
Mr. Zuercher introduced Senior Planner Hannah Quincy to give an update on the Superstition
Vistas area framework study. Ms. Quincy presented the following: the study area, the sources
used for the study, projected population and employment growth for 2030 and 2050, existing
traffic volumes, their recommended transportation networks, and the next steps. She also
spoke about the US 60 corridor study requested by the City.
Councilmember Cross commented on the US 60 to Superstition Mountain Road and the need
to prioritize a more reasonable bypass route for when the roads are closed.
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City Council Meeting Meeting Minutes October 21,2025
Vice Mayor Schroeder inquired on the Solar King project being included in the study.
Councilmember Cross asked about the State Route 24 freeway location.
Ms. Quincy responded to all questions.
Councilmemeber Nesser asked City Manager Bryant Powell about zoning for areas in the
study.
Mr. Powell responded to her concern.
12. 25-520 Announcement of Current Events
Management Analyst Rob Wisler shared an upcoming event:
- Halloween Festival on October 25, 2025, 4:00 p.m. -8:00 p.m. at Superstition Shadows Park,
1091 W. Southern Avenue, Apache Junction.
H. PUBLIC HEARINGS
13. 25-486 Consideration of application for a new Series 12 Restaurant liquor license
for Mickey D's Cafe located at 1408 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.
Councilmember Nesser moved,seconded by Councilmember Soller that the application for a new
Series 12 Restaurant liquor license for Mickey D's Cafe, located at 1408 W.Apache Trail,Apache
Junction,AZ, be recommended to the Arizona Department of Liquor Licenses and Control for
approval.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
City Clerk Evie McKinney stated the city received an application for a new Series 12
Restaurant liquor license for Mickey D's Cafe located at 1408 W. Apache Trail, on September
19, 2025, and the Notice of Posting was placed at the establishment on September 23, 2025.
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, Planning and Zoning
Department, Building and Safety Division and the Superstition Fire and Medical District. All four
entities find compliance with the inspection requirements and recommend approval.
Councilmember Heck asked for clarification on the area that alcohol will be served and the
hours.
Mickey D's Cafe Manager Becky was in attendance and responded to Councilmember Heck's
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City Council Meeting Meeting Minutes October 21,2025
questions.
Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed
the Public Hearing and asked for a motion.
14. 25-509 Presentation, discussion, public hearing, and consideration of Ordinance
No. 1568, amending the Apache Junction City Code, Volume I, Chapter 2:
Mayor, Council, and Appointed Boards and Commissions, Article 2-21: Board
of Adjustment and Appeals/Municipal Property Corporation/Public Safety
Personnel Retirement Board, by repealing § 2-21-2 Municipal Property
Corporation in its entirety; authorizing staff to take all MPC administrative
dissolution steps; repealing any conflicting provisions; providing for
severability; and providing for penalties.
Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1568 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
City Clerk McKinney read Ordinance No. 1568 by title only, repealing any conflicting provisions;
and providing for severability.
Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1568,as
read by the city clerk be approved and adopted.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
Management Analyst Rob Wisler presented that in 1990, the City created the Municipal
Property Corporation (MPC)to allow the City to seek bonds for City facilities. At the time, due
to Federal law, a non-profit third-party entity was necessary to allow for the City to sell
tax-exempt bonds through lease-purchase financing structures. The City utilized the MPC to
fund multiple projects from 1992 through 1997, including: Apache Junction Police Department
(AJPD) headquarters, a major street rehabilitation program, the rodeo grounds arena, irrigation
and landscaping at AJPD Building and County Retention Basin, library expansion, and
Prospector Park improvements. In 1997, Federal Law was changed to allow municipalities to
sell tax-exempt bonds through lease purchase type financing structures without needing
another entity. Since that law has changed, the City has ceased using the MPC to secure
bonds. The City has paid off all financial obligations related to the bonds.
The MPC has continued to function with Council appointing members each year and an annual
meeting that has consisted solely of approving the last meeting minutes and appointing the
chair with no further business on the agenda. City Staff manages annual reporting
requirements to the Arizona Corporation Commission, which are necessary even without any
business being conducted.
The City of Surprise is in the process of dissolving their MPC. All City of Apache Junction
comparator organizations: Avondale, Buckeye, Casa Grande, Goodyear, Marana, Maricopa,
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City Council Meeting Meeting Minutes October 21,2025
Mesa, Oro Valley, and Queen Creek, do not have a MPC. Several of these entities previously
used a MPC to issue bonds for public infrastructure, but no longer use the MPC financing
structure for the reasons described previously.
At the September 16, 2025, Council Meeting, Mayor and Council provided direction to staff to
bring an ordinance to Council amending the code to dissolve the MPC. On October 14, 2025,
the MPC adopted a companion resolution to dissolve itself and, though the City believes there
is no property in the title of the MPC, the President of the MPC signed a bill of sale transferring
any remaining assets to the City.
Tonight City staff brought Ordinance No. 1568 for approval, which officially removes the MPC
from the City Code.
Councilmembers had no concerns.
Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed
the Public Hearing and asked for a motion.
I. OLD BUSINESS
J. NEW BUSINESS
15. 25-538 Presentation, discussion, and consideration of Resolution No. 25-29 a
resolution of the mayor and city council of the City of Apache Junction,
Arizona, approving and authorizing the execution and delivery of a Second
Amendment to Amended and Restated District Development, Financing
Participation, Waiver and Intergovernmental Agreement for Superstition
Vistas Community Facilities District No. 2, and authorizing other actions in
furtherance of this resolution whether heretofore or hereafter taken.
Councilmember Heck moved,seconded by Councilmember Cross that Resolution No.25-29,a
resolution of the Mayor and City Council of the City of Apache Junction,Arizona, approving and
authorizing the execution and delivery of a Second Amendment to Amended and Restated District
Development, Financing Participation,Waiver and Intergovernmental Agreement for Superstition
Vistas Community Facilities District No.2,and authorizing other actions in furtherance of this
resolution whether heretofore or hereafter taken be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
Assistant City Manager Matt Busby introduced Bond Attorney with Greenberg Traurig, LLP,
Zach Sakas. Mr. Sakas presented that Superstition Vistas Community Facilities District No. 2
developer, Brookfield, has changed their corporate structure and would like to substitute the
financial guarantor and indemnitor entity with two new entities. This requires a second
amendment to the development agreement. Resolution No. 25-29 would authorize the second
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City Council Meeting Meeting Minutes October 21,2025
amendment.
Councilmembers had no concerns.
16. 25-514 Consideration of applicants for annual appointments and reappointments
for the City of Apache Junction Boards and Commissions. Council
interviewed applicants at the October 20th work session and may take this
opportunity to fill positions.
Mayor Wilson thanked all the applicants and their interest in serving the community and
shaping its future.
City Clerk Evie McKinney went over the total numbers of applicants and how many were
incumbents.
Councilmember Nesser asked for clarification on the openings for the Board of Adjustment.
Vice Mayor Schroeder inquired about what to include in the motions.
Councilmember Heck asked about filling the vacancy terms.
Ms. McKinney responded to all questions.
Mayor Wilson began the appointment process.
Board of Adjustment
Vice Mayor Schroeder moved, seconded by Councilmember Heck that Lamont Klepper be
appointed to the Board of Adjustment for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Heck moved, seconded by Councilmember Cross that John Gordon be
appointed to the Board of Adjustment for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Heck moved, seconded by Vice Mayor Schroeder that Catherine Meek be
appointed to the Board of Adjustment for a term to expire on October 31, 2027.
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YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Construction Board of Appeals
Ms. McKinney announced an update to the motions and the second motion for this
Board should be for a "Non-General Contractor."
Councilmember Nesser moved, seconded by Vice Mayor Schroeder that John Gordon be
appointed to the Construction Board Of Appeals as the "Non-General Contractor"for a term to
expire on October 31, 2027.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Heck moved, seconded by Councilmember Cross that Dave Hantzsche be
reappointed to the Construction Board Of Appeals as the"A General Public Member"for a
term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Cross moved, seconded by Councilmember Nesser that Esther McGrath be
appointed to the Construction Board Of Appeals as the "General Contractor"for a term to
expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Ms. McKinney clarified that the open position is for an Architect/Engineer.
Councilmembers discussed the motion and open position confusion.
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City Council Meeting Meeting Minutes October 21,2025
Councilmember Cross withdrew his motion due to Esther MCGrath not being an
Architect or Engineer.
No appointment made to the Construction Board Of Appeals as the"architect/engineer"for a
term to expire on October 31, 2026.
Health & Human Services Commission
Councilmember Johnson moved, seconded by Councilmember Heck that Elisa Krcilek be
appointed to the Health & Human Services Commission for a term to expire on October 31,
2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Nesser moved, seconded by Vice Mayor Schroeder that Jeffrey Danford be
reappointed to the Health & Human Services Commission for a term to expire on October 31,
2028.
YES: 5 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Johnson and Soller
NO: 2 -Councilmembers Cross and Heck
Motion passed 5-2
Councilmember Heck moved, seconded by Councilmember Nesser that Dwan Montgomery be
appointed to the Health & Human Services Commission for a term to expire on October 31,
2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Industrial Development Authority
Councilmembers discussed the openings on the board.
Ms. McKinney advised Council that this board does have a quorom already so they do not have
to appoint anyone.
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City Council Meeting Meeting Minutes October 21,2025
No appointment made to the Industrial Development Authority for a term to expire October 31,
2027.
No appointment made to the Industrial Development Authority for a term to expire October 31,
2028.
No appointment made to the Industrial Development Authority for a term to expire October 31,
2028.
Library Board
Councilmember Nesser moved, seconded by Vice Mayor Schroeder that Judy Borey be
reappointed to the library board for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Heck moved, seconded by Councilmember Nesser that Robin Barker be
reappointed to the library board for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Johnson moved, seconded by Councilmember Nesser that Alexandra Wyroba
be appointed to the library board for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Parks And Recreation Commission
Councilmember Johnson moved, seconded by Councilmember Nesser that Manny Vega be
appointed to the Parks and Recreation Commission for a term to expire October 31, 2027.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
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City Council Meeting Meeting Minutes October 21,2025
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Heck moved, seconded by Councilmember Nesser that Heather Moeller be
reappointed to the Parks and Recreation Commission for a term to expire October 31, 2028.
YES: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Cross moved, seconded by Councilmember Nesser that Lamont Klepper be
appointed to the Parks and Recreation Commission for a term to expire October 31, 2028.
YES: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Heck clarified that the first motion for the Parks and Recreation Commission
should be for Manny Vega and Vega Manny.
Planning And Zoning Commission
Councilmember Johnson moved, seconded by Councilmember Soller that Nicholas Kelley be
appointed to the Planning and Zoning Commission for a term to expire on October 31, 2026.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Councilmember Cross moved, seconded by Councilmember Nesser that Dave Hantzsche be
reappointed to the Planning and Zoning Commission for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
City of Apache Junction,Arizona Page 11
City Council Meeting Meeting Minutes October 21,2025
NO: 0 -
Motion passed
Vice Mayor Schroeder moved, seconded by Councilmember Heck that Robin Barker be
reappointed to the Planning and Zoning Commission for a term to expire on October 31, 2028.
YES: 7 - Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0 -
Motion passed
Public Arts Commission
Councilmember Nesser moved, seconded by Councilmember Cross that Jeffrey Danford be
reappointed to the Public Arts Commission as the"Interested in Art'for a term to expire on
October 31, 2028.
YES: 6 - Mayor Wilson, Councilmembers Nesser, Heck, Cross, Johnson and Soller
NO: 1 -Vice Mayor Schroeder,
Motion passed 6-1
Councilmember Johnson moved, seconded by Councilmember Soller that Janet Cooper be
appointed to the Public Arts Commission as the"Interested in Art'for a term to expire on
October 31, 2028.
YES: 5 - Mayor Wilson, Councilmembers Nesser, Cross, Johnson and Soller
NO: 2 -Councilmember Heck and Vice Mayor Schroeder
Motion passed 5-2
Councilmembers congratulated the new Board and Commission members and encouraged
those who were not appointed to apply again next year and to check into other volunteer
opportunities that the City offers.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
City of Apache Junction,Arizona Page 12
City Council Meeting Meeting Minutes October 21,2025
M. CALL TO PUBLIC
Gail Evans, Gold Canyon, shared the success of the Apache Junction Community
Development Corporation road clean up along Baseline Road on September 27, 2025. She
thanked all volunteers and the Public Works department for their help and also announced the
Make a Difference Day will be on January 17, 2026.
Rich Vitiello, Pinal County Board Supervisor, shared that he and the other County Board
Supervisors support local government operating without state government interfering.
Donna Carr, 2178 West Virginia Street, Apache Junction, stated a correction from her
statement in a previous meeting and expressed her concern with the City giving money to the
Mesa Gateway Airport.
Mehmood "Mo" Mohiuddin, 2304 West Cortez Road, Apache Junction, expressed his concerns
with a dirt pile on a neighboring property and it obstructing the road.
Andre Meek, 1327 South Belair Road,Apache Junction, requested sand from the recent rain
storms be taken to the Superstition Mountain Museum for their parking lot.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:44 p.m.
ACCEPTED THIS DAY OF 2025, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 12025.
WALTER"CHIP"WILSON
Mayor
ATTEST:
EVIE MCKINNEY
City Clerk
City of Apache Junction,Arizona Page 13
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� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
'Piz File ID: 25-461
Sponsor: Chip Wilson Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Presentation and discussion with Katrina DeVinny, Pinal County Director from First Things
First, regarding regional childcare challenges.
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85119
Agenda Item No.4.
'Piz File ID: 25-528
Sponsor: Chip Wilson Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
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= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 5.
Piz File ID: 25-522
Sponsor: Bryant Powell Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
City Manager's Report
City of Apache Junction,Arizona Page 1 Printed on 1013012025
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Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
'+PizoN* File ID: 25-525
Sponsor: Eli Richardson Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Announcement of Current Events
City of Apache Junction,Arizona Page 1 Printed on 1013012025
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85119
Agenda Item No. 7.
'+PizoN* File ID: 25-543
Sponsor: Riley King Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Presentation and discussion on potential changes to special event related ordinances within
Chapter 8 of the City Code.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
� City o A ache Junction
F �,• ge, Home of the Superstition Mountains
-/`
DATE: October 22, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: LIZ LANGENBACH, DIRECTOR PARKS&RECREATION
SUBJECT: RECOMMENDED CHANGES TO SPECIAL EVENT ORDINANCES WITH CHAPTER 8 OF THE
CITY CODE
In May of 2025, staff shared market research on neighboring cities' special event policies and shared
sections of the city code that have been identified for updates/additions. Council gave Direction to Staff
to review the existing code and bring back recommended changes for consideration.
At this time, staff recommend the following:
Repeal Article 8-8"Requirements for Community and Civic Events"and Replace with Article 8-8
"Special Events"in its entirety.
The most significant changes include:
1. Shifts focus from business licensing to all aspects of special events
2. Simplifies and combines all processes for Community Events and Civic Events
3. Clarifies event definitions and exclusions
4. Eliminates some fees
5. Clarifies requirements for an event permit, and reinforces consequences for hosting an event
that impacts city resources without permission
Make changes to Article 8-10"Mobile and Temporary Food and Beverage Vendors"that reflect
current state statutes and city practices.
The most significant changes include:
1. Allows for either a Pinal County or Maricopa County health permit
2. Removes all reference to a separate required "permit"
3. Establishes locations on public property that are now allowed per state statute; including public
parking spaces
4. Updates appeals and penalties to match other chapter 8 sections
Staff will present these changes for discussion. If a decision is made to move forward in updating
these two sections of the city code,these would be posted for 30 days and then voted on in a Public
Hearing.
SPECIAL EVENT ORDINANCE AND
PROCESS
PARKS & RECREATION
November 2025
SPECIAL EVENT ORDINANCE
Nil!
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SPECIAL EVENT ORDINANCE
Repeal and replace current Section 8-8 of the City Code
Team chose to leave in current section 8-8 so that it didn 't
affect other areas of city code — easier to repeal and
replace the entire section
Does not alter the current special event administrative
process implemented over the past several years
Does not change what has been defined in CUPS or other
existing City sponsored/partnered events
SPECIAL EVENT ORDINANCE
Key Differences :
• Currently focuses primarily on business licensing; the new
ordinance addresses multiple event aspects
• Simplified and combined "civic events" and "community events"
into "Special Events"
• Further clarifies original event definitions & exemptions
• Does not add or change any fees; it does eliminate some fees
• Clarifies requirements for an event permit, and reinforces
consequences for hosting an event that impacts city resources
without permission
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MOBILE & TEMPORARY FOOD & BEVERAGE VENDORS
Redline Current City Code Article 8- 10 — Key Changes
• Allows for either a Pinal County or Maricopa County health
permit
• Removes all references to a separate required " permit "
• Establishes locations on public property that are now
allowed p er state statute; including public parking spaces
• Updates appeals and penalties to match special event and
other chapter 8 sections
NEXT STEPS
1 . Discuss changes,, questions, etc
2 . Bring back any necessary changes to a future work
session
3 . Final draft of each code will be posted for 30 days and
then voted on at a Public Hearing
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ARTICLE 8-8: REQUIREMENTS FOR COMMUNITY AND CIVIC EVENTS
Section
8-8-1 Purpose and intent
8-8-2 Definitions
8-8-3 Civic event sponsor requirements
8-8-4 Civic event vendor requirements
8-8-5 Community event sponsor requirements
8-8-6 Community event vendor requirements
8-8-7 Tax license required
8-8-8 Business license and tax license required
§ 8-8-1 PURPOSE AND INTENT.
This article is intended to regulate community and civic events for the benefit of its
citizens and visitors which enable the city to:
(A) Protect life, health, property and general welfare of the city;
(B) Minimize expenditures of public funds for community and civic events;
(C) Minimize business interruptions during events while promoting business growth
and economic development;
(D) Implement a high profile, proactive approach to local economic development
through public/private partnerships;
(E) Provide a range of community and civic events open to everyone to improve the
quality of life in the city;
(F) Facilitate the redevelopment and revitalization of the downtown and older
commercial areas;
(G) Assist the city in implementing its overall economic development goals;
(H) Provide a consistent set of standards for community and civic events;
(I) Compete on an equal basis with other communities for tourism and other economic
development projects.
(Ord. 1450, passed 9-19-2017)
§ 8-8-2 DEFINITIONS.
For the purpose of this article,the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
CIVIC EVENT.An activity or gathering not exceeding 4 consecutive days in any calendar
year which is conducted, organized and sponsored solely by the city or in conjunction with
a non-profit organization, has been approved as such by the council during the annual
budget process and which is open to all participants on an equal basis.
COMMUNITY EVENT.An activity or gathering not exceeding 4 consecutive days in any
calendar year which is conducted, organized and sponsored by non-profit organizations or
for-profit organizations and is open to all participants on an equal basis.
EVENT.An activity or gathering with the purpose of promoting or benefitting the city and
its residents and/or the sponsoring organizations.An application will be required for any
activity or gathering which meets any of the following criteria:
(1) Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-
way area (which includes any indirect impact that will affect the flow of typical vehicular or
pedestrian traffic) that requires more than one city department approval, or will require
the approval of more than one city department for inspections, assistance or permits.
(2) Is likely to draw a crowd to a venue not properly suited and has the potential to
require special accommodations, regulations, traffic control devices or public works or
safety personnel;
(3) Presence or participation of one or more for-profit or nonprofit vendors that intend
to make a sale, advertise for sale, solicit sales, offer for sale, or provides a service or
offer/advertise to provide a service. This provision does not apply to vendors already in
possession of a valid city license issued under this code or city tax code;
(4) Activities such as weddings, funerals, private yard sales, car shows or charity car
washes shall not be considered an event.
(5) A programmed event of a city department shall not be considered an event,
however if the event includes vendors that are not already properly licensed with the city,
then a fee of$15 per vendor shall be collected for each event. The city department
sponsoring the programmed event shall be responsible for collecting this fee from each
participating vendor. These fees shall be paid in total to the city no later than 8 working
days following the last day of the event.
FOR-PROFIT ORGANIZATION.Any entity or corporation which has been established,
maintained, or conducted for the purpose of making a profit.
NON-PROFIT ORGANIZATION.Any religious, social, fraternal or civic organization which
has been designated as a 501C organization by the Internal Revenue Service and which has
a valid operating license as provided for in Vol. I, Chapter 8 of the city code or the city tax
code. Should questions as to form of business arise, interpretations of this section shall be
based upon form indicia contained in the following: Arizona Revised Statutes; Internal
Revenue Code Rules and Regulations prescribed by the Internal Revenue Service.
(Ord. 1450, passed 9-19-2017)
§ 8-8-3 CIVIC EVENT SPONSOR REQUIREMENTS.
(A) A non-profit sponsor of any civic event which includes vendors shall pay a fee of$50
per day. This fee shall be paid no later than 10 city business days in advance of the first day
of the event.A penalty of$5 per day shall be assessed for each city business day the initial
payment is late beginning with the city business day immediately following the initial
deadline. The civic event fee shall not apply to those events which do not include vendors
or city events.
(B) A non-profit sponsor of any civic event shall provide the city clerk with the name,
address and telephone number of the event coordinator or contact person at least 30 city
business days in advance of the event.
(C) The sponsor of any civic event shall obtain a completed vendor application, on a form
to be provided by the city, from each participating vendor and obtain a copy of the vendor's
driver's license for any vendor(s) not already properly licensed with the city. The sponsor
shall provide the city with these completed forms in addition to a complete list containing
name, address and telephone number of each participating vendor no later than 8 city
business days following the last day of the event.
(D) Any food truck vendor, as defined in this chapter, that is present at a civic event shall
follow the regulatory process in Article 8-10 of this chapter.
(E) Obtain the city transaction privilege tax or use tax number from the vendor in
advance of an event and verify with the city that it is a valid number. No vendor will be
permitted to participate in the event without a valid city tax license.
(Ord. 1450, passed 9-19-2017)
§ 8-8-4 CIVIC EVENT VENDOR REQUIREMENTS.
(A) All civic event vendors who engage or attempt to engage in a sale at a civic event or
who advertise or solicit services or products shall complete a civic event vendor
application in order to participate in the event. The completed form shall be submitted to
the event sponsor.
(B) Non-profit organizations which participate as vendors at civic events shall not be
required to complete an event vendor application if their participation is limited to the
distribution of literature or information relative to their organization.
(C) Massage therapists or healthcare professionals or any students in conjunction with a
recognized school of massage or educational institution as allowable under A.R.S. Title 32
who wish to participate as a vendor at a civic event shall be permitted to do so as long as
such service is provided by a person holding a valid city business license and who is
authorized under A.R.S. Title 32 to perform massages.
(D) Any food truck vendor, as defined in this chapter, that is present at a civic event shall
follow the regulatory process in Article 8-10 of this chapter.
(Ord. 1450, passed 9-19-2017)
§ 8-8-5 COMMUNITY EVENT SPONSOR REQUIREMENTS.
(A) The sponsor of any community event which includes vendors shall remit to the city a
fee of$15 per vendor for those vendors not already properly licensed for each event. The
sponsor shall be responsible for collecting this fee from each participating vendor. These
fees shall be paid in total to the city no later than 8 city business days following the last day
of the event.A penalty of$5 per city business day shall be assessed for each city business
day that the total fee remains unpaid.
(B) The sponsor of any community event shall provide the city clerk department with
the name, address and telephone number of the event coordinator or contact person at
least 30 city business days in advance of the event.
(C) The sponsor of any community event shall obtain a completed vendor application, on
a form to be provided by the city, from each participating vendor and obtain a copy of the
vendor's driver's license for any vendor(s) not already properly licensed with the city. The
sponsor shall provide the city with these completed forms in addition to a complete list
containing name, address and telephone number of each participating vendor no later than
8 city business days following the last day of the event.
(D) Any food truck vendor, as defined in this chapter, that is present at a special event
shall follow the regulatory process in Article 8-10 of this chapter.
(E) Obtain the city transaction privilege tax or use tax number from the vendor in
advance of an event and verify with the city that it is a valid number. No vendor will be
permitted to participate in the event without a valid city tax license.
(Ord. 1450, passed 9-19-2017)
§ 8-8-6 COMMUNITY EVENT VENDOR REQUIREMENTS.
(A) All community event vendors who engage or attempt to engage in a retail sale or
who solicit or advertise in any form at a community event shall complete a community
event vendor application in order to participate in the event. The completed form shall be
submitted to the event sponsor.
(B) Non-profit organizations who participate as vendors at community events shall not
be required to complete a community event vendor application if their participation is
limited to the distribution of literature or information relative to their organization.
(C) Vendors who have an appropriate license shall not be required to pay an additional
vendor fee provided they are engaging in an activity covered by the license.
(D) Massage therapists or healthcare professionals or any students in conjunction with a
recognized school of massage or educational institution as allowable under A.R.S. Title 32
who wish to participate as a vendor at a community event shall be permitted to do so as
long as such service is provided by a person holding a valid city business license and who is
authorized under A.R.S. Title 32 to perform massages.
(E) Any food truck vendor, as defined in this chapter,that is present at a special event
shall follow the regulatory process in Article 8-10 of this chapter.
(Ord. 1450, passed 9-19-2017)
§ 8-8-7 TAX LICENSE REQUIRED.
Any vendor participating at a community or civic event who is engaged in a taxable
activity shall be required to obtain a city privilege tax or use tax license as set forth in the
Apache Junction Tax Code, Chapter 8A,Article III, Licensing and Recordkeeping. This
license shall be obtained in advance of the event.
(Ord. 1450, passed 9-19-2017)
§ 8-8-8 BUSINESS LICENSE AND TAX LICENSE REQUIRED.
No city business license shall be required for a community event or civic event vendor if
such vendor is engaged in hobby or craft sales in which the seller is the creator or non-paid
representative of the creator and for which the gross sales of each hobbyist and craftsman
shall not exceed $3,000 in any twelve (12) month period of time. Such vendors are still
required to complete the vendor application and obtain a city privilege tax or use tax
license prior to participating in the event.
(Ord. 1450, passed 9-19-2017)
ARTICLE 8-10: MOBILE AND TEMPORARY FOOD AND BEVERAGE VENDORS
Section
8-10-1 Definitions
8-10-2 Permit
8-10-3 Mobile food and vending operating conditions
8-10-4 Permit revocation and appeals
8-10-5 Penalties
§ 8-10-1 DEFINITIONS.
COUNTY HEALTH PERMIT.A Pinal or Maricopa County (according to the location of
where business is being conducted in the city) special event health permit for on-site
inspection of temporary food booths, food trucks and mobile food vendors on the day of the
event or an annual food service permit as outlined in Pinal County Environmental Health
Services Substantive Policy Statements; Maricopa County Environmental Services
Department Substantive Policy Statements; the Pinal County Environmental Health Code;
or the Maricopa County Environmental Health Code.
FOOD VENDING CART. Any wheeled device moved by human power.
MOBILE FOOD VENDING VEHICLE.A licensed concession trailer or motorized vehicle
suitable for use on a public highway which is equipped and primarily used for the sale of
food and beverage of any kind including prepared, pre-packaged or unprepared,
unpackaged food and nonfood sundries
specifically related to the mobile food vendor's business.
MOBILE FOOD VENDOR.Any person or entity, as defined in this chapter, who:
(1) Owns, controls, manages, operates and/or leases a mobile food vending vehicle or
food vending cart;
(2) Contracts or employs any person to drive, operate, prepare foods, and/or vend
from a mobile food vending vehicle or food vending cart.
OPERATOR.Any person who prepares food and/or sells food, beverages or sundries from
a mobile food vending vehicle or food vending cart or any individual that operates such a
vehicle or cart.
(Ord. 1450, passed 9-19-2017)
§ 8-10-2 PERMIT.
(A) Required. It is unlawful for any mobile food vendor to conduct business without first
obtaining and maintaining a mobile food vendor permit and all other required licenses,
including a privilege or use tax license, the applicable county environmental health services
permit as determined by Pinal or Maricopa County (according to the location of where
business is being conducted in the city), current food handler's card and identification
cards as may be required by this chapter. If a mobile food vendor has more than one food
vending vehicle or food vending cart, multiple permits shall be required. There shall be no
application fee for a mobile food vendor permit.
(B) Application. In addition to the requirements set forth in this chapter and the Apache
Junction Tax Code, applicants for a mobile food vendor permit shall include the following
information with the permit application:
(1) A description of the goods to be sold;
(2) If the applicant is an agent of the business for which the permit will be issued,the
name and address of the agent, if different from the business address,together with
credentials establishing the exact relationships with the mobile food vendor;
(3) A description, license plate number and photograph of the vehicle or cart;
(4) All location(s) from which the applicant intends to conduct business and a
permanent address to which notifications may be sent;
(5) A valid driver's license;
(6) A mobile food vendor shall provide proof of vehicle liability insurance which shall
be maintained during the term of the permit and shall have at least the minimum limits
required by law;
(7) A mobile food vendor who conducts business on public property or city right-of-
way shall provide: a) a certificate of insurance naming the "City of Apache Junction" as an
additionally insured party; and b) a signed indemnification and duty to defend and hold
harmless commitment.
(Ord. 1450, passed 9-19-2017) Penalty, see Vol. I, § 1-1-11
§ 8-10-3 MOBILE FOOD AND VENDING OPERATING CONDITIONS.
Mobile and temporary food and beverage vendors who have obtained a permit shall be
subject to the following limitations and conditions:
(A) Mobile vending shall only be permitted to operate on developed, commercially zoned
property and shall not be authorized to operate on vacant lots and shall not impede access
to adjacent businesses;
(B) There shall be an open and operating permanent business on the site in order to
accommodate the sanitary facilities access requirement of the Building Code (i.e,
restrooms, trash, recycling, food waste and grease disposal). The temporary food and
beverage vendor must also be able to use these facilities;
(C) The hours of operation for the vendors shall be limited to the hours that the on-site,
permanent business is open;
(D) The vendor shall secure the permission of the sponsoring business owner;
(E) Vendors/operators of food vending vehicles shall arrange for trash receptacles and
will dispose of all trash during operations and shall keep the area surrounding the mobile
food vending vehicles free of debris, litter and waste;
(F) The temporary food and beverage vendors shall not store the vehicle or cart when
the permanent on-site business is not open unless the operator has the sponsoring
business owner's permission;
(G) Mobile food vending vehicles or carts shall not be stored on the sponsoring business'
property,when not in use, in lieu of placing it in a storage lot or similar facility regardless
of the sponsoring business owner's permission;
(H) Mobile food and beverage vending shall be limited to 96 consecutive hours
maximum at each temporary location;
(I) Signage attached to a mobile food vending vehicle shall not require a sign permit, but
must conform to the signage regulations in the City of Apache Junction Zoning Ordinance.
One A-frame sign or menu board per vehicle or cart is also permitted;
(J) A mobile food vendor or operator shall carry at all times proof of liability insurance,
mobile food vendor permit, county health department permit, food handing card and proof
of property owner approval to be on a given property;
(K) A mobile food vendor or operator may operate on city-owned or leased property,
public right-of-way or city park as part of a civic event;
(L) Mobile food vending shall not be permitted on any city street or public right-of-way
unless it is part of a civic event;
(M) Mobile food vendors shall be permitted to operate on private property at any
location within the city when catering a private function and shall not stage the vehicle on
public property or right-of-way.
(N) If the mobile food vendor is charged a fee for the food truck space, the sponsoring
business owner shall comply with city tax code requirements.
(Ord. 1450, passed 9-19-2017)
§ 8-10-4 PERMIT REVOCATION AND APPEALS.
(A) A mobile food vendor permit shall be revoked by the city clerk's office for any of the
following reasons:
(1) The permittee notifies the city in writing with appropriate signature that the
business has been closed, sold or is no longer operating in the city; or
(2) Fraud, misrepresentation or false statement contained in the application for a
permit;
(3) Any violation of this chapter or the Apache Junction Tax Code; or
(4) Conducting a business activity in violation of the Arizona Revised Statutes.
(B) Revoked permits may be reinstated only after the cause of such revocation has been
fully corrected;
(C) A person whose permit has been revoked shall be issued a notice to cease mobile
food vending operations within the city;
(D) Any person aggrieved by the city's decision to revoke a permit pursuant to
subsection (A) above shall have the right of appeal to a hearing officer designated by the
city manager. The appeal shall be filed with the city manager within 14 business days after
receipt of the city's decision. The appeal shall contain a written statement setting forth fully
the grounds for the appeal. The hearing officer shall set a time and place for a hearing on
such appeal and notice of such hearing shall be given to the applicant. The decision and
order of the hearing officer shall be final and conclusive, except any person aggrieved may
pursue any appropriate judicial proceedings;
(E) No person may reapply for any permit after revocation unless the cause for such
revocation has been corrected.
(Ord. 1450, passed 9-19-2017)
§ 8-10-5 PENALTIES.
Any person violating any of the provisions of this chapter, shall be deemed guilty of a
class one misdemeanor and, shall upon conviction, be punished pursuant to the provisions
of the Apache Junction City Code,Vol. I, Chapter 1: General,Article 1-1: General, § 1-1-11
Penalty.
(Ord. 1450, passed 9-19-2017)
ARTICLE 8-8: SPECIAL EVENTS
SECTION
8-8-1 Purpose and Intent
8-8-2 Definitions
8-8-3 Permit Requirements
8-8-4 Exemptions
8-8-5 Application Process
8-8-6 General Requirements
8-8-7 Vendor Requirements
8-8-8 Additional Fees
8-8-9 Enforcement and Penalties
8-8-10 Appeals
§ 8-8-1 PURPOSE AND INTENT.
The City of Apache Junction recognizes the value of special events in enhancing community identity, cultural
expression, economic activity, and tourism, and the city desires to provide and promote special events open to
everyone to improve quality of life in the city and compete on an equal basis with other communities for
tourism and other economic development projects. This Article establishes a framework for permitting
temporary events that impact public and private property, City services, and/or community safety.
§ 8-8-2 DEFINITIONS.
Unless the context clearly requires otherwise, the following definitions apply:
APPLICANT OR SPONSOR. The individual or legal entity submitting a Special Event Permit application.
CITY. The City of Apache Junction, Arizona.
EVENT ORGANIZER. The person or entity responsible for producing or managing the event.
NON-PROFIT ORGANIZATION. Any religious, social, fraternal or civic organization which has been designated
as a 501c organization by the Internal Revenue Service and which has a valid operating license as provided for
in Vol. I, Chapter 8 of the city code.
SPECIAL EVENT. A temporary activity or gathering on public or private property that:
(A) Requires the coordination of two or more City departments; or
(B) Meets any of the following criteria:
(1) Requires the temporary closure or partial obstruction of a public street, sidewalk, or right-of-
way (which includes any indirect impact that will affect the flow of typical vehicular or pedestrian
traffic) ;
(2) Any activity held outdoors on public or private property that is inconsistent with the legal use
of the property under the City's zoning ordinance or requires changes to the typical occupancy or use
of a site, building, or public area.
(3) Includes activities involving fireworks, pyrotechnics, lasers, drone shows or other similar special
effects;
(4) Includes carnival or amusement rides
(6) Requires a Temporary Extension of Premises (liquor license) through the Arizona Department
of Liquor Licenses and Control and it changes the legal use of the property;
(7) Expects a gathering that could significantly impact traffic flow, parking, noise levels, or public
services.
SPECIAL EVENT PERMIT. Written authorization issued by the City approving the event and its related
operations.
SPECIAL EVENT REVIEW COMMITTEE. A committee composed of representatives from City departments,
including Parks and Recreation, the City Clerk's Office, Public Works, and the Police Department, or other
departments as determined by the City Manager or his/her designee.
§ 8-8-3 SPECIAL EVENT PERMIT REQUIREMENTS.
(A) It is unlawful to conduct a Special Event within City limits without first obtaining a Special Event Permit.
(B) Special Event Permits are non-transferable and must be obtained for each occurrence or series of
events.
(C) The applicant must ensure full compliance with Special Event Permit terms, applicable City ordinances,
and all relevant state and federal laws.
(D) A Special Event Permit does not exempt the applicant from obtaining additional permits required for
food, liquor, building, fire safety, or other regulated activities.
§ 8-8-4 EXEMPTIONS.
The following activities are generally exempt from the requirements of this Article unless otherwise
determined by the City Manager or designee:
(A) Events organized by public or private schools, provided the activity occurs on school property and does
not involve significant traffic or security impacts requiring City services/City Intervention.
(B) Private events (e.g., weddings, yard sales, birthday parties) not open to the public and does not involve
significant traffic or security impacts requiring City services/City interventions.
(C) Routine business activities occurring within the scope of a valid business license (such as sidewalk sales,
or tent sales conducted on the businesses' properties).
(D) Funeral processions and other activities expressly protected under state or federal law.
(E) Activities such as car shows or charity car washes, provided they have the permission of the landowner
and do not occur in conjunction with other activities as defined in § 8-8-2 DEFINITIONS.
§ 8-8-5 APPLICATION PROCESS
(A) Applications must be filled out in entirety, as set forth in administrative procedures on file with the
city's Parks and Recreation Department.
(B) A complete application must be submitted at least 60 calendar days prior to the event start date.
(C) Applications are reviewed by the Special Event Review Committee and any departments with
jurisdiction as set forth in administrative procedures.
(D) Upon review, permit conditions may include requirements for:
(1) Police and fire personnel, traffic control, or barriers
(2) Sanitation, first aid, fencing, parking, and lighting
(3) Noise control, dust mitigation
(4) Event signage, hours of operation, or public notice
(5) Vendor management and requirements set forth in 8-8-8
(6) Payment for City staff or equipment costs
(E) Permits may be denied for the following reasons:
(1) Incomplete, false, or misleading information
(2) Submission less than 60 calendar days prior (unless waived)
(3) Conflicts with other scheduled events
(4) Failure to meet safety or operational standards
(5) Prior non-compliance with City event requirements
§ 8-8-6 GENERAL REQUIREMENTS.
(A) Event sponsors and promoters are jointly responsible for compliance with this Chapter and all permit
conditions.
(B) The approved permit must be kept on-site and available for inspection by City officials.
(C) Events must be confined to the approved location and timeframe.
(D) The City reserves the right to inspect, monitor, or enter events to ensure public safety and regulatory
compliance.
(E) All associated permits (e.g., TPT license, health permits, etc.) must be obtained before the event.
(F) City services (e.g., police, sanitation, barricades) will only be provided with prior agreement and cost
recovery.
(G) The applicant shall be required to sign a hold harmless agreement and/or facility use agreement.
§ 8-8-7 VENDOR REQUIREMENTS.
(A) Sponsor requirements for events which include vendors:
(1) The event sponsor shall pay a fee of$50 per day. This fee shall be paid no later than 10 city
business days in advance of the first day of the event. A penalty of$5 per day shall be assessed
for each city business day the initial payment is late, beginning with the city business day
immediately following the initial deadline. This fee shall not apply to those events which do not
include vendors or to city sponsored events.
(2) The event sponsor shall identify an event vendor coordinator or contact person to the city clerk
at least 30 calendar days in advance of the event.
(3) The event vendor coordinator shall obtain a completed vendor application, on a form to be
provided by the city, from each participating vendor and obtain a copy of the vendor's driver's
license for any vendor(s) not already properly licensed with the city.
(4) The event vendor coordinator shall provide the city clerk with all completed vendor applications
along with a complete list containing name, address and telephone number of each
participating vendor no later than 8 city business days following the last day of the event.
(5) The event vendor coordinator shall obtain the city transaction privilege tax ("TPT") or use tax
number for each vendor and verify with the city clerk that it is a valid number.
(B) Vendor requirements for events:
(1) All vendors who engage or attempt to engage in sales, advertisement, or solicitation of services
or products at an event shall complete a vendor application and submit it to the event vendor
coordinator.
(2) Non-profit organizations, which participate as vendors at events shall not be required to
complete an event vendor application if their participation is limited to the distribution of
literature or information relative to their organization.
(3) Massage therapists or healthcare professionals or any students in conjunction with a recognized
school of massage or educational institution as allowable under A.R.S. Title 32 who wish to
participate as a vendor at a special event shall be permitted to do so as long as such service is
provided by a person holding a valid city business license and who is authorized under A.R.S.
Title 32 to perform massages.
(4) Any food truck vendor, as defined in this chapter, that is present at a special event shall follow
the regulatory process in Article 8-10 of this chapter.
(5) Any vendor participating at a special event who is engaged in a taxable activity shall be required
to obtain a TPT or use tax license as set forth in the Apache Junction Tax Code, Chapter 8A,
Article III, Licensing and Recordkeeping. This license shall be obtained in advance of the event.
(6) Hobby or craft vendors are required to complete the vendor application and obtain a TPT or use
tax license prior to participating in sales at the event.
§ 8-8-8 ADDITIONAL FEES.
(A) The City may charge fees for use of City property and equipment, public safety services, and recovery of
other City-incurred costs.
(B) The City Manager or his/her designee may waive or reduce City fees for City-sponsored events or
qualifying non-profit organizations.
(C) Additional fees and/or permits may be necessary for non-City services, such as but not limited to fire,
EMT emergency services, or health and environmental inspections.
§ 8-8-9 INSURANCE AND LIABILITY.
(A) Applicants must provide proof of general liability insurance in an amount determined by the City's Risk
Manager, naming the City, its elected officials, officers, employees, and agents as an additional insured
parties.
(B) Events involving higher risk activities may require additional insurance, such as auto or liquor liability.
(C) The applicant shall sign an agreement wherein they agree to indemnify and hold harmless the City, its
officials, officers, employees and agents from claims or lawsuits relating to the event and its associated
risks.
§ 8-8-10 ENFORCEMENT AND PENALTIES.
(A) Violations of this Chapter, including conducting a Special Event without a permit or failing to comply
with permit conditions, are subject to criminal penalties pursuant to the Apache Junction City Code, Vol
I, 8-1-4, permit revocation, or denial of future applications.
(B) The City may revoke a permit for non-compliance, false information, or in the event of a public
emergency.
(C) Each day of violation constitutes a separate offense.
(D) If a special event is conducted without a special event permit or a special event is conducted in
violation of the terms of a special event permit, the event organizer shall be responsible for all city
costs incurred for a public safety response necessitated by the adverse impacts of the event upon
public safety. The event organizer shall pay the amount charged within 10 calendar days of receipt of an
invoice for such costs.
§ 8-8-11 APPEALS.
Applicants may appeal the denial or revocation of a permit to the City Manager or his/her designee in writing
within five (5) calendar days. The City Manager or his/her designee shall issue a final written decision within
ten (10) calendar days of receipt. The decision of the City Manager or his/her designee shall be final, subject
only to judicial review pursuant to A.R.S. § 12-904 (A).
ARTICLE 8-10: MOBILE AND TEMPORARY FOOD AND BEVERAGE VENDORS
Section
8-10-1 Definitions
8-10-2 PermitRequirements
8-10-3 Mobile food and vending operating conditions
8-10-4 Parking
8-10-5 Per-mit Rrevocation and Aappeals
8-10-6-5 Penalties
§ 8-10-1 DEFINITIONS.
COUNTY HEALTH PERMIT.A Pinal or Maricopa County (according*„ the IAGe 1ti0, „f
wheFe business is being conducted i the city)-special event health permit for on-site
inspection of temporary food booths, food trucks and mobile food vendors on the day of the
event or an annual food service permit as outlined in Pinal County Environmental Health
Services Substantive Policy Statements; Maricopa County Environmental Services
Department Substantive Policy Statements; the Pinal County Environmental Health Code;
or the Maricopa County Environmental Health Code.
FOOD VENDING CART. Any wheeled device moved by human power.
MOBILE FOOD VENDING VEHICLE.A licensed concession trailer or motorized vehicle
suitable for use on a public highway which is equipped and primarily used for the sale of
food and beverage of any kind including prepared, pre-packaged or unprepared,
unpackaged food and nonfood sundries
specifically related to the mobile food vendor's business.
MOBILE FOOD VENDOR.Any person or entity, as defined in this chapter, who:
(1) Owns, controls, manages, operates and/or leases a mobile food vending vehicle or
food vending cart;
(2) Contracts or employs any person to drive, operate, prepare foods, and/or vend
from a mobile food vending vehicle or food vending cart.
OPERATOR.Any person who prepares food and/or sells food, beverages or sundries from
a mobile food vending vehicle or food vending cart or any individual that operates such a
vehicle or cart.
(OF( 1 n[n passed 9_19_201 7)
§ 8-10-2 D RM4-T IREMENTS.
(A) RequiFed. It is unlawful for any mobile food vendor to conduct business without first
obtaining and maintaining a mobil, food vendor pee *City of Apache Junction Business
License and all other required licenses, including a privilege or use tax license, the
applicable county environmental health services permit as determined by Pinal or
Maricopa County r, ,r�. v t the location ,.flvh-ero bu-sire-ss is being,.,,,,ducted it tl,o
c y}, and a current food handler's card and identification cards as may be required by this
chapter. If a mobile food vendor has more than one food vending vehicle or food vending
cart, multiple per-mis licenses shall be required. Thorp- sh—all be ro applic tin-n fop- for
ohilo food- c ,,aor P mit
(B) A mobile food vendor who conducts business on public property, city right- of- way,
or at a city-sponsored special eyegt,--s4�event, shall provide a certificate of insurance
naming the "City of Apache Junction" and its elected officials, officers, employees and
agents as an additionally insured partiesty. Application In Addition to the r „ts
Set f-AlFth- in this ehaptea-v and-the Apache junction Tax Gede, applicant-s feip-A Mobile feed
vendoF permit shall include the following information with the peFmit application:
(1) A description of the goods to lamp- cold-.
-vr-crr� vcrr��-vc svrcr,
agent,(2) if the applicant is an agent of the business for-which the peFmit will be issued,the
tegetheF
,
rrod-epti-,ls est-cl-li-slhing then act relationships with the mp-bile food- c rrlp-r.
(3) A EleseFiptiOH,licensee plate num-h-evand photegFaph of the Vi h-k-1{�i=carte
(^) Ali loeation(s) fire mrr`w"'zl'r'rch the applicant i nteHd--s vee-P-d PAh-11`iPtar,r a ra
permanent address to which notifications may be sent;
(9) A c,-,lid- .-r;c,�license;
be maintained during the term of the permit and shall have at least the minimuni limits
FequiFed by laws
(7) A mobile food vendor who conducts business on public pr-opeFty OF City Fight Of
additionally insured paFty; and b) a signed indernnification and duty to defend and hold
h;1rM1Pqr,
. commitment-.
(Ord- 1450, passod- 9_1 9_ 0 Penalty, sop-Vol. 1 § 1_1_14
§ 8-10-3 MOBILE FOOD AND VENDING OPERATING CONDITIONS.
Mobile and temporary food and beverage vendors who have obtained a per-init-business
license shall be subject to the following limitations and conditions:
(A) Mobile vending shall only be permitted to operate on developed, commercially zoned
property and shall not be authorized to operate on vacant lots and shall not impede access
to adjacent businesses;
(B) There Shall be _a_n open and operating peF PA a_n e n-t h-11 s J 11 e s S t_h e S i t e i R A-F d-e r-t e
irestr-eems,trash, r-ee�ff I i I ee , -vaste and grease disposal). The temper-ary food and
beverage nd-A-r,ti, „-t-alse be -ab,le to , e these facilities.
(C) The hours of operation for the vendors shall be limited to the hours that the on-site,
permanent business is open;
(D) The vendor shall secure the permission of the sponsoring business owner;
(E) Vendors/operators of food vending vehicles shall arrange for trash receptacles and
will dispose of all trash during operations and shall keep the area surrounding the mobile
food vending vehicles free of debris, litter and waste;
(F) The temporary food and beverage vendors shall not store the vehicle or cart when
the permanent on-site business is not open unless the operator has the sponsoring
business owner's permission;
(G) Mobile food vending vehicles or carts shall not be stored on the sponsoring business'
property,when not in use, in lieu of placing it in a storage lot or similar facility regardless
of the sponsoring business owner's permission;
(H) Mobile food and beverage vending shall be limited to 96 consecutive hours
maximum at each temporary location;
(I) Signage attached to a mobile food vending vehicle shall not require a sign permit, but
must conform to the signage regulations in the City of Apache Junction Zoning Ordinance.
One A-frame sign or menu board per vehicle or cart is also permitted;
(J) A mobile food vendor or operator shall carry at all times proof of liability insurance,
m^'-Jl^ feed vendeF permit-the following: a current business license, county health
department permit, food handing card and proof of property owner approval to be on a
given property;
(K) A mobile food vendor or operator may operate on city-owned or leased property,
public right-of-way or city park as part of a especial event approved by a city
representative or within any legal parking space on city-owned property as described in
Ssection 8-10-4:
(L) Mobile food vending shall not be permitted on any city street or public right-of-way
unless it is part of a civk-special event, approved by a city representative;
(M) Mobile food vendors shall be permitted to operate on private property at any
location within the city when catering a private function and shall not stage the vehicle on
public property or right-of-way, unless given specific permission from the city to do so.
(N) If the mobile food vendor is charged a fee for the food truck space, the sponsoring
business owner shall comply with city tax code requirements.
(Ord 1450, passed 9_19-201 7)
§ 8-10-4 PARKING
A mobile food vendor shall comply with this subsection and applicable law as it pertains to
parking,
(A)A mobile food vendor shall only operate in a legal parking space.
(B) A mobile food vendor, including any semi-permanent structure used or associated with
the mobile food vendor, may use no more than one (1) legal parking space, unless the
mobile food vendor has a separate agreement with the City to use additional legal
parking spaces or parking spaces on City property other than right-of-way.
No m.,L,ile feed vender P-:WP-P-P-diRff tWeHt ._f.,,,r [2 1 feet may aFk rli-,go,,-,1 yin a
diaeonal Dar-kin`r space or- ark in nny manner that ccR�;mpro than one (11 rliaonn ll
_-,lei e�
(C) No mobile food vendor shall operate with the serving window facing street traffic[RKI].
(D)A mobile food vendor shall abide by all parking regulations, including posted time
limits. If there are no other time restrictions on the use of a legal parking space, a
mobile food vendor shall not occupy a legal parking space for more than six (6) hours in
a twenty-four (24) hour period. "Occupy" within this subsection means within one
hundred (100) feet of the place in which the mobile food vendor was initially parked.
(E)A mobile food vendor shall not occupy a legal parking space with insufficient parking
capacity as prescribed by Section 1-7-3 Parking Standards of the City code and
applicable law, and includes occupying a legal parking space that reduces the number of
available parking spaces surrounding the area which is required for the principal use or
uses of the property associated with the parking spaces as set forth in A.R.S. Title 9.
Chapter 4,Article 7.2. 7. A mobile food vendor shall not claim or attempt to establish
any exclusive right to park at a particular street location, unless the parking space is
part of a permitted special event.
8-10-5 PERMITREVOCATION AND APPEALS.
(A) A mobile food vendors-pefm#City of Apache Junction business license shall be
revoked by the city clerk's office for any of the following reasons:
(1) The licensee wee notifies the city in writing with appropriate signature that
the business has been closed, sold or is no longer operating in the city; or
(2) Fraud, misrepresentation or false statement contained in the application for a
licensepe-�;
(3) Any violation of this chapter or the Apache Junction Tax Code; or
(4) Conducting a business activity in violation of the Arizona Revised Statutes.
(B) Revoked licenses permits may be reinstated only after the cause of such revocation
has been fully corrected;
(C) A person whose licensepermit-has been revoked shall be issued a notice to cease
mobile food vending operations within the city;
(D) Applicants may appeal the denial or revocation of a permit to the City Manager or
his/her designee in writing within five (5) calendar days. The City Manager or his/her
designee shall issue a final written decision within ten (10) calendar days of receipt. The
decision of the City Manager or his/her designee shall be final, subject only to judicial
review pursuant to A.R.S. § 12-904 (Al Any peFsen aggFieved by the c t Elecision to
conclusive,Fevoke a peFmit pursuant to subsection (A) above shall have the right of appeal to a hearing
elf-fifeer designated by the city managen The appeal shall be filed-14.4th the city manageF
written statement setting for-th fully the grounds for-the appeal. The hearing officer shall
set a time and place fOF a hearing on such appeal and netiee A--f sueh heaFiRg shall be given
to the applicant. The decision and or-deF of the hearing officer-shall be final and
(E) No person may reapply for any permit after revocation unless the cause for such
revocation has been corrected.
(OFE 1490, passed 9_1 9_201 7)
§ 8-10-5 PENALTIES.
Any person violating any of the provisions of this chapter, shall be deemed guilty of a
class one misdemeanor and, shall upon conviction, be punished pursuant to the provisions
of the Apache Junction City Code,Vol I. 8-1-4Vo . r ChapteF 1: General,Article 1_1: Gene al
§ 1 1-11 Penalty.
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.8.
'+'Piz File ID: 25-539
Sponsor: Spencer Sarager Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Presentation and discussion on Resolution No. 25-30 authorizing the City of Apache Junction to
enter into an intergovernmental agreement for commercial driver license testing services with
Pinal County.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
�PQpCNF✓
ti Public Works Department
U Z
Home of the Superstition Mountains
gHIZON
Date: November 3, 2025
To: Mayor and Members of City Council
Through Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Spencer Sarager, Administrative Services Manager
Subject: Pinal County & City of Apache Junction Commercial Driver's
License Testing Services intergovernmental agreement (IGA)
The Public Works Department is requesting City Council approval through Resolution No.
25-30 allowing the mayor to sign the IGA with Pinal County for Commercial Driver License
(CDL) testing services. Presentation and discussion of this IGA will be offered for city council
work session with a planned return for a regular session meeting for approval with
accompanying resolution later in November 2025.
By entering into this IGA with Pinal County, the City will benefit from a consistent testing
location and stable pricing, allowing staff to plan, budget, and operate more efficiently while
saving tax dollars by avoiding the need to travel long distances for CDL testing services.
The proposed IGA has the cost per CDL test at $500. Previously, employees were required to
complete both CDL theory training and testing through a third-party provider at a total cost of
approximately $4,000 per employee. The Public Works Department now has an employee
certified to provide the CDL theory training in-house, reducing the need for external services
and leaving only the testing component to be performed through Pinal County. This results in an
estimated savings of$3,500 per employee, or about $35,000 annually if ten employees
complete CDL testing each year.
This IGA is not exclusive, meaning, the city can and will take advantage of other training
services that may be more local and/or inexpensive.
Staff recommends entering into an IGA with Pinal County for Commercial Driver's License
Testing Services.
INTERGOVERNMENTAL AGREEMENT BETWEEN
PINAL COUNTY AND
CITY OF APACHE JUNCTION FOR
COMMERCIAL DRIVER LICENSE TESTING SERVICES
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") dated the day of
, 20, is made by and between PINAL COUNTY, a political subdivision of the
State of Arizona("County") and CITY OF APACHE JUNCTION, an Arizona municipal corporation
("City"),both collectively as the"Parties"or individually as a"Party".
RECITALS
A. County and City are authorized pursuant to Arizona Revised Statutes("A.R.S.") §§ 9-240
and 11-251,respectively,to provide Commercial Driver License ("CDL")Testing Services ("Services")
for their respective employees.
B. County and City are authorized pursuant to A.R.S. § 11-951, et seq. to enter into
intergovernmental agreements for the purposes of taking joint or cooperative action.
C. County currently provides CDL Testing Services for its employees.
D. The Parties desire that County make the Services available for City employees.
E. This Agreement will promote efficiency in the use of public funds and will encourage
future cooperation between the Parties.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein,the Parties agree
as follows:
1. SERVICES. County will make available to City employees the Services as described in
attached Exhibit A.
2. TERM. This Agreement shall commence upon execution by both Parties and shall
automatically renew for successive one(1)year periods unless terminated sooner as provided in
Paragraph 9 below. County shall have the right to adjust the price(s) of the Services at the time of any
annual renewal.
3. INDEMNIFICATION . To the extent provided by law,the Parties shall indemnify,defend
and hold each other harmless and their officials,employees and agents from all suits, actions,claims,
demands,losses, costs or damages of every kind and description, including any attorneys' fees, arbitration
and litigation expenses,which may be brought or made against or incurred by each other on account of
injuries, death or damages received or sustained by any person,persons, or property due to any negligent or
willful act, omission,neglect or misconduct ofeither Party,their employees, agent or anyone acting on each
other's behalf or under its direction, arising under this Agreement. Such indemnity shall not be limited by
reasons of remuneration of any insurance coverage.
4. INDEPENDENT CONTRACTOR. The Parties acknowledge and agree that the
1
Services provided under this Agreement are being performed by County as an independent contractor
and not as an employee or agent of City. This Agreement is not intended to constitute, create, give rise
to or otherwise recognize any agency,partnership or joint venture agreement or relationship of any
kind or create an employer/employee relationship between the Parties and their respective employees,
subcontractors, subcontractors' employees or any other persons.
5. NO THIRD PARTY BENEFICIARY. This Agreement shall not create any third party
beneficiary right to any person or entity who is not a Party to this Agreement.
6. WORKERS COMPENSATION. Each Parry hereto shall be responsible for its own
employees'workers' compensation claim, if any arises under the performance of this Agreement.
7. ASSIGNMENT. This Agreement is non-assignable in whole or in part by either Party
hereto.
8. NOTICE. All notices and other communications connected with this Agreement shall
be in writing and shall be deemed to have been given when delivered personally or deposited in a U.S.
mail box, in a postage,prepaid envelope addressed to the other Party to the address provided herein:
Pinal County
ATTN: Joe Ortiz
PO Box 749
Florence,AZ 85132
City of Apache Junction
ATTN:
9. TERMINATION. This Agreement may be terminated at any time and for any reason by
either Party giving the other Party at least thirty(30) calendar days prior written notice of such termination.
10. APPLICABLE LAW. This Agreement shall be governed by and construed under the laws
of the state of Arizona,and any litigation shall take place only in Pinal County,Arizona.
11. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement
between the parties. Any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either Party except to the extent incorporated into this
Agreement.
12. MODIFICATIONS. This Agreement may not be modified orally or in any manner other
than by an agreement in writing signed by all Parties hereto or their respective successors in interest.
13. SEVERABILITY. The provisions of this Agreement shall be deemed severable and
should any provision of this Agreement be declared or be determined by a court to be illegal or
invalid,the validity of the remaining parts,terms or provisions shall not be affected thereby and said
illegal or invalid part,term or provision shall be deemed not to be a part of this Agreement,
notwithstanding any other provision of this Agreement to the contrary.
2
14. CANCELLATION. This Agreement is subject to cancellation for conflict of interest
without penalty or further obligation as provided by A.R.S. § 38-511.
15. ISRAEL BOYCOTT PROVISION. Each Party to this Agreement certifies to the
other that it is not currently engaged in and agrees for the duration of this Agreement not to engage in
a boycott of Israel as defined in A.R.S. § 35-393.
16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
shall be an original.
[SIGNATURES ON FOLLOWING PAGE]
3
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by their
duly authorized representatives.
CITY OF APACHE JUNCTION, an PINAL COUNTY, a political subdivision of
Arizona municipal corporation the State of Arizona
By:. BBy:
Mayor Chairman, Board of Supervisors
Date: Date:
ATTEST:
ATTEST:
By:
By: Clerk/Deputy Clerk of the Board
City Clerk
APPROVED AS TO FORM
Counsel for the Parties have determined
this Agreement is in proper form and is
within the powers and authority granted
under the laws of this state.
City Attorney
Deputy County Attorney
4
EXHIBIT A
Description of Services
Pinal County's Third-Party Tester will administer the Commercial Driver's License ("CDL")
Roads/Skills Test for a fee of$500.00 per applicant. This will include three attempts to pass the test.
Applicants must wait at least 2 business days to retake any failed portion of the skills test.
A CDL Instruction/Learner Permit holder is not eligible to take the CDL Road/Skills Test within 14
calendar days of the initial issuance of the Commercial Instruction Permit.
The Road/Skills Test is a three-part test that consists of a Pre-Trip Inspection, a Basic Vehicle
Controls Test and an ON-Road Driving Test. The applicant will be required to take the test in the same
class and type of motor vehicle that they were issued a permit. If the applicant fails any one part of the
Road/Skills Test, they will be required to retake the entire test again. Only one Road/Skills Test can be
taken per day.
Pre-Trip Inspection: Before the applicant can take the CDL driving tests, they will first be tested on
their knowledge of the class of vehicle they plan on driving. The Pre-Trip inspection also determines if
the commercial vehicle is safe enough to drive on public roads. If the applicant fails the Pre-Trip
Inspection,they may not be allowed to take the Road Skills Test.
Basic Controls Test: Before the applicant can take the Road Skills Test, they will first need to prove
they have the skills to operate a commercial motor vehicle on public roads. This test consists of
various off-road maneuvers such as backing up, moving forward, and making turns within a defined
area.
Road Skills Test: Once the first two tests are passed,the applicant will be required to drive a
commercial vehicle on public roads in various traffic situations.
The Road/Skills Test will be given by appointment only. To schedule a test appointment, the applicant
shall contact Pinal County Public Work's Highway Superintendent at(520)866-6419. Applicants need
to schedule their Road/Skills test a few weeks in advance and to arrive early for their test appointment.
Appointments will be scheduled based upon availability of Pinal County's
Third-Party Tester
Pinal County will not provide a vehicle to test in and the applicant must provide their own test vehicle. If
the test vehicle is not legally equipped and safe to drive,the applicants will not be able to proceed with the
Skills Test.
On the day of the CDL Skills Test appointment the applicant shall:
1. Arrive on time.
2. Bring validated commercial learner's permit& Driver's License.
3. Bring ADOT sealed envelope with DOT Medical Certificate.
4. Bring a passenger(age 21 or older) who is qualified to drive a commercial motor vehicle with
the same class of CDL or greater than the test vehicle.
5. Bring a test vehicle that is the same class of license that is being tested for that is safe to drive.
RESOLUTION NO. 25-30
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR COMMERCIAL DRIVER LICENSE TESTING SERVICES
WITH PINAL COUNTY.
WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may
enter into intergovernmental agreements with other municipalities
and governmental entities for joint or cooperative activities; and
WHEREAS, Pinal County ("County") provides commercial driver' s
license ("CDL") testing services for its employees; and
WHEREAS, County has provided this service to City of Apache
Junction ("City") employees in the past and the City and County
desire a continuation of these services .
WHEREAS, County requests an increase in the fee per applicant
from $400 to $500; and
WHEREAS, the City and County have crafted the attached written
agreement in the form of an intergovernmental agreement ("IGA")
which formalizes the arrangement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The mayor and council approve the form of the IGA for
commercial driver license testing services set forth in
Attachment A; and the mayor is hereby authorized to sign the
IGA on behalf of the city.
2) The city manager and/or his designee is authorized and
directed to take all steps necessary to carry out the purpose
and intent of this resolution and to fulfill all the duties
required under the IGA.
RESOLUTION NO. 25-30
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
20
SIGNED AND ATTESTED TO THIS DAY OF
20
WALTER "CHIP" WILSON
Mayor
ATTEST:
EVIE MCKINNEY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 25-30
PAGE 2 OF 2
ATTACHMENT A
UNCTION
COMMERCIAL DRIVER' S LICENSE TESTING
Background
• City employee Commercial Driver's License (""CDC-#)
• Mandated and regulated
• Theory training inhouse
• Pinal County increase testing services from $400 to $500
• Past Challenges
• Convenient and dependable location
• Consistent cost
Intergovernmental Agreement
• Cooperation for better efficiencies
• Heightened levels of service for the public
• Not exclusive
• Termination anytime, any reason
• One-year automatic renewal
I�
Recommendation
• Staff recommends entering into an IGA with Pinal County for
Commercial Driver's License Testing Services.
Questions ?
1
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 9.
PizoNr File ID: 25-553
Sponsor: Nicholas Leftwich Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Presentation and discussion on Case P-25-100-AM, a proposed text amendment of the Apache
Junction City Code, Volume II, Land Development Code, Chapter 2: Subdivision and Minor Land
Division Regulations to amend the City Code to authorize administrative approval of subdivision
plats to comply with Arizona House Bill 2447.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
O� ACHE✓G'L
Z City of Apache Junction
'9RIZONP
Development Services Department
CITY COUNCIL STAFF MEMO
Date : 11/3/2025
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Development Services Deputy Director
From: Nicholas Leftwich, Senior Planner
Subject: Case P-25-100-AM
Text Amendment to City Code Vol . II, Land Development
Code, Chapter 2 : Subdivision and Minor Land Division
Regulations to comply with HB 2447, amending plat
approval authority
Background
In 2023 the Arizona State Legislature passed and approved Senate
Bill 1103, which amended the Arizona Revised Statues for cities
and towns (A.R. S . §§ 9-500 . 49) to note that city councils may pass
an ordinance authorizing administrative city staff to review and
be the approval authority of "site plans, development plans, land
divisions, lot line adjustments, lot ties, preliminary plats,
final plats and plat amendments without a public hearing" . Within
the City of Apache Junction, staff already administratively
approves most of those items, but preliminary plats, final plats,
and the amendments of plats are all items currently approved by
the city council at public meetings .
Because this statute' s provisions were optional, no text amendment
to city code had been required to change the city' s processes and
procedures . However, earlier this year, the Arizona State
Legislature passed and approved House Bill 2447, which modified
A.R. S . §§ 9-500 . 49 to make these noted, previously-optional
changes mandatory, so that a city shall now pass an ordinance
authorizing administrative staff approval of all noted items .
As the approval of preliminary plats, final plats, and plat
amendments are the only items our city code currently requires
city council approval for among the noted list, this text amendment
proposes modifications to the Apache Junction City Code, Vol . II,
Land Development Code, Chapter 2 : Subdivision and Minor Land
Division Regulations to comply with HB 2447 .
Case P-25-100-AM, amending plat approval authority, per HB 2447
November 3, 2025, City Council Work Session Staff Memo
1
O� ACHE✓G'L
Z City of Apache Junction
'9RIZONP
Development Services Department
Chapter 2 : Subdivision and Minor Land Division Regulations,
contains many references to the Planning and Zoning Commission and
City Council Hearings that plats would be presented through for
review and approval, all of which are proposed to be modified to
re-word the code language to identify administrative personnel as
the approval authority and remove requirements for public
hearings, per the requirements of HB 2447 .
The affected portions of the city code are identified in the
Redline Exhibit "Draft Amendment Redlines to Apache Junction City
Code, Volume II, Land Development Code, Chapter 2 : Subdivision and
Minor Land Division Regulations" while a clean copy showing the
proposed amended text without any notations is also provided.
7 W- LAv—�- i
Prepared by Nich las Leftwich
Senior Planner
Attachments :
- Arizona House Bill 2447, amending A.R. S . Section 9-500 . 49;
Relating to Municipal Administrative Reviews .
- Draft Amendment to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 2 : Subdivision and Minor Land
Division Regulations
- Draft Amendment Redlines to Apache Junction City Code, Volume
II, Land Development Code, Chapter 2 : Subdivision and Minor
Land Division Regulations
Case P-25-100-AM, amending plat approval authority, per HB 2447
November 3, 2025, City Council Work Session Staff Memo
2
CHAPTER 31
HOUSE BILL 2447
AN ACT
AMENDING SECTION 9-500.49, ARIZONA REVISED STATUTES; RELATING TO MUNICIPAL
ADMINISTRATIVE REVIEWS.
Be it enacted by the Legislature of the State of Arizona:
Section 1.Section 9-500.49,Arizona Revised Statutes,is amended to read:
9-500.49.Administrative review and approval: self-certification program: expedited
approval,definitions
A.Notwithstanding any other law,the legislative body of a city or town may SHALL by ordinance
do the following:
1. Authorize administrative personnel to review and approve site plans, development plans,
land divisions,lot line adjustments,lot ties,preliminary plats,final plats and plat amendments without
a public hearing.
2. Authorize administrative personnel to review and approve design review plans based on
objective standards without a public hearing.
3.Adopt a program allowing registered architects and professional engineers
to certify and be responsible for compliance with all applicable ordinances and construction standards
for projects that the ordinance identifies as being qualified for self certificat
4.3.Allow at-risk submittals for certain on-site preliminary grading and drainage work or
infrastructure.
4.Allow applicants with a history of compliance with building codes and regulations to be
eligible for expedited permit review.
B.NOTWITHSTANDING ANY OTHER LAW,THE LEGISLATIVE BODY OF A CITY OR TOWN MAY BY
ORDINANCE ADOPT A SELF-CERTIFICATION PROGRAM ALLOWING REGISTERED ARCHITECTS AND
PROFESSIONAL ENGINEERS TO CERTIFY AND BE RESPONSIBLE FOR COMPLIANCE WITH ALL
APPLICABLE ORDINANCES AND CONSTRUCTION STANDARDS FOR PROJECTS THAT THE ORDINANCE
IDENTIFIES AS BEING QUALIFIED FOR SELF-CERTIFICATION.
I.C.Applications for a license pursuant to this section are subject to chapter 7,article 4 of this
title.
E D.For the purposes of this section:-
1."LICENSE"HAS THE SAME MEANING PRESCRIBED IN SECTION 9-831.
2."Objective"means not influenced by personal interpretation,taste or feelings of a municipal
employee and verifiable by reference to an adopted benchmark, standard or criterion available and
knowable by the applicant or proponent.
Sec.2.Effective date
This act is effective from and after December 31,2025.
APPROVED BY THE GOVERNOR MARCH 31,2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31,2025.
Draft Amendment to Apache Junction City Code,Volume II, Land Development Code,
Chapter 2: Subdivision and Minor Land Division Regulations
§2-1-13 FINAL PLAT APPROVAL REQUIRED PRIOR TO CONVEYANCE.
(A) No person, for the purpose of making or effecting a subdivision within the territorial
Limits of these regulations, shall make any deed,will, mortgage, trust deed or contract for
the sale or other transfer of such subdivision or any part thereof, by metes and bounds
description or otherwise, before recordation of the final plat of either the entire subdivision
or phase thereof. A contract for sale which is expressly made contingent upon obtaining
approval by the City of such final plat within 1 year from the date of the execution of the
contract shall not be deemed prohibited by the foregoing provision.
(B) No person proposing to make or have made a subdivision within the territorial limits
of these regulations shall offer to sell the proposed subdivision before obtaining the City's
approval of the final plat of the proposed subdivision; provided however, an offer to sell the
subdivision or phase thereof, which is expressly made contingent upon obtaining approval
of the final plat aforesaid within 1 year from the date of the making of the offer shall not be
deemed prohibited by the foregoing provision.
§2-1-15 MODIFICATIONS AND EXCEPTIONS.
(A) The principles of design and requirements for the layout of subdivisions, asset forth
in Article 2-3 of this Chapter, maybe varied by the Development Services Director or his or
her designee . However, such subdivision shall, in the judgment of the Development
Services Director or his or her designee , provide adequate provisions for all essential
community requirements. No modifications shall be granted by the Development Services
Director or his or her designee which would conflict with the goals and objectives of the
General Plan, Zoning Ordinance, an approved MPC District, or with the intent and purposes
of Article 2-3 of this Chapter.
(B) In any particular case where the subdivider can show that extraordinary conditions of
topography, adjacent development, irregular parcel shape, floodplain, fissures, or other
conditions exist, strict compliance with these regulations would cause practical difficulty
or exceptional and undue hardship, the Development Services Director or his or her
designee may modify such requirements to the extent deemed just and proper, so as to
relieve the difficulty or hardship; provided, such relief may be granted without detriment to
the public good and without impairing the intent and purposes of this Article or the
desirable general development of the neighborhood and the community in accordance
with the General Plan, and shall not be contrary to the city Zoning Ordinance
(1) In modifying the standards or requirements set forth in this Chapter, as provided
above, the Development Services Director or his or her designee may make additional
requirements, such as but not limited to protective covenants, deed restrictions or other
Legal provisions, as are deemed necessary to secure substantially the objectives of the
standards or requirements so modified.
(2) In providing for modifications, a mere finding or recitation of the enumerated
conditions unaccompanied by the finding of specific fact, shall not be deemed "findings of
fact" and shall not be deemed in compliance with this Chapter.
(3) The approval of departures or modifications from the regulations of this Chapter
shall not be considered as precedent-setting when the findings of fact clearly indicate the
unique circumstances which warranted the departure or modification.
§2-1-16 RESUBDIVISION OF LAND.
(A) Procedure for res ub division. For any change in a map of a recorded subdivision plat, if
the change effects any street layout shown on the map, or area reserved thereon for public
use, or any exterior lot line, or if it affects any plat legally reached prior to the adoption of
this Chapter, except where the lots involved are made larger and where any interior lot lines
are involved, the parcel shall be approved by the same procedure, rules and regulations as
for a new subdivision.
(B) Procedure for subdivisions where resubdivision is indicated. Whenever a parcel of
Land is subdivided and the subdivision plat shows 1 or more lots containing enough area
that their division into lots according to the minimum Zoning Ordinance requirements
would create a subdivision as defined herein, the Development Services Director or his or
her designee may require that such a parcel of land allow for the future opening of streets
and the ultimate extensions of adjacent streets. Easements providing for the future
opening and extension of such streets may be made a requirement of the plat.
§2-1-17 VACATION OF PLATS.
(A) When a recorded plat is proposed to be vacated, such an instrument shall be
approved by the Development Services Director or his or her designee in like manner as
plats of subdivisions, including any such action which abridges or destroys any public
rights in any of its public uses, improvements, streets or alleys.
(B) Such an instrument shall be executed, acknowledged or approved and recorded or
filed, in like manner as plats of subdivision; and being duly recorded or filed, shall operate
to destroy the force and effect of the recording of the plat so vacated, and to divest all
public rights in the streets, alleys and public grounds, and all dedications laid out or
described in the plat.
(C) The applicant shall also secure all utility extinguishments from all the utility agencies
that were granted easements through the original platting process. No instrument shall be
recorded to vacate any plat until such time as all utility easements extinguishments are
recorded.
§2-1-21 VIOLATIONS AND PENALTIES.
(A) Penalties for any violation of the Apache Junction Subdivision Regulations are
provided for pursuant to Apache Junction City Code,Vol. I, § 1-1-11.
(B) The approval of a preliminary plat maybe revoked by the Development Services
Director or his or her designee upon finding that 1 or more of the plat stipulations or
provisions of the subdivision regulations have been violated. The Development Services
Director or his or her designee may reinstate approval of the preliminary plat when it is
satisfied that a compliance with the provisions of these regulations or stipulations has
been achieved. If approval of the preliminary plat is permanently revoked, a request to
resume the subdivision shall be treated as a new application.
(C) (1) The Development Services Director or his or her designee, by written order
setting forth the reasons therefore, may stop all work on a subdivision if he or she finds that
a major violation of the Subdivision Ordinance has occurred, creating an immediate or
imminent threat to public health or safety such as danger to life or limb, or damage to
property of the city or to neighboring property owners.
(2) After work is stopped, no work on the subdivision, except to correct the problems
specified by the Director or his or her designee, may proceed until written authorization is
given by the Director or his or her designee. While work is stopped, the subdivider may
appeal, within 30 days to the City Clerk, the Director's stop order to the Council which shall
meet at the next regularly scheduled Council meeting to consider the matter.The Council,
after hearing both sides, may reverse or modify the Director's order within 30 days if the
Council finds that the Director has been unreasonable or arbitrary. The burden of proof in
such an appeal shall be upon the subdivider.
(D) The imposition of any sentence shall not exempt the offender from compliance with
the requirements of this article.
ARTICLE 2-2: PLATTING PROCEDURES AND REQUIREMENTS
§2-2-3 RESERVED
§2-2-4 PRELIMINARY PLAT.
(A) The preliminary plat stage of land subdivision includes detailed subdivision planning,
submittal, review and approval of the preliminary plat. The subdivider shall provide the
Planning Division with all information essential to determine the character and general
acceptability of the proposed development to allow for the establishment of the design
parameters for the final plat and the improvement plans.A preliminary plat process may be
waived for a proposed platting of a substantially developed property, as it is in the opinion
and approval of the Development Services Director and/or City Engineer or their designees.
Substantially developed includes a build-out property with stormwater retention and
drainage facilities, landscaping, and onsite and offsite infrastructure improvements.
(2) Preliminary plat review.
(a) Upon receipt of a complete application for a preliminary plat, inclusive of all fees, the
Planning Division shall login the date of submittal and perform its review for compliance to
public objectives, giving special attention to the minimum application requirements for
preliminary plat as set forth in this Chapter.The Planning Division shall distribute the
application and the preliminary plat to the following staff and agencies for review and
written comments that pertain to their area of expertise and responsibilities:
1. Director of Public Works;
2. City Engineer;
3. Development Services Principal Engineer or Project Engineer;
4. Police Chief;
5. Fire District Chief;
6. Parks and Recreation Director;
7. County Health Department;
8. Superintendent of School District;
9. United States Postmaster at Apache Junction, Arizona;
10. County Engineer and Director of County Planning, if proposed subdivision abuts
county areas;
11. Where the land abuts a state or federal highway, to the Arizona Department of
Transportation; and
12. Utility companies.
(b) The reviewing staff and agencies shall transmit their recommendations to the
Planning Division.
(c) The Planning Division shall consolidate the reviewing staff and agencies
comments and requirements and transmit the same to the applicant for incorporation of
the revisions to the preliminary plat.
(d) Once the new preliminary plat substantially conforms to the provision of this
Chapter, the Development Services staff shall approve, approve with conditions or deny
the preliminary plat.Where an approved MPC District is in place, the preliminary plat
approval shall be processed as described in Article 2-2-4(B)(3)(b).
(3) Preliminary plat approval.
(a) The Development Services Director or his or her designee may-approve,
conditionally approve or deny a preliminary plat.
(4) Significance of preliminaryplat approval. Preliminary plat approval constitutes
authorization for the subdivider to proceed with preparation of the final plat and the
engineering plans and specifications for public improvements and site development.
Preliminary plat approval is based on the following terms:
(b) Approval is valid for a period of 12 months from date of the Development Services
Director or his or her designee action, within which period the subdivider must file a
complete final plat application. A time extension for an additional 12 months may be
granted by the Development Services Director or his or her designee if there had been no
change in the city's policies or regulations which would affect the subdivision; and
§2-2-5 FINAL PLAT.
(A)This stage includes the final design of the subdivision, engineering of public
improvements and site development, and submittal of the plat and plans by the subdivider
for review and for action by the Development Services Director or his or her designee. The
final plat shall not be denied, if it substantially conforms to the approved preliminary plat
and submitted within 12 months of an approved preliminary plat, and further provided that
the submitted final plat meets all the requirements of these regulations.
(C) Final plat review.
If complete, the Planning Division shall review the final plat and improvement plans for
substantial conformity to the approved preliminary plat and refer copies of the submittal to
the following staff and agencies which will be requested to make known their
recommendations, in writing, addressed to the Development Services Director or his or her
designee through the Planning Division: see list of reviewing staff and agencies as shown in
§ 2-2-4(B)(2)(a)for preliminary plat review.
(4) In the event that the Planning Division finds that the final plat does not substantially
conform to the preliminary plat as approved by the Development Services Director or his or
her designee or the Subdivision Committee, the subdivider shall revise to conform to the
preliminary plat or shall be required to submit a new preliminary plat application.
(D) Post-approval action.
(1) Upon approval of the final plat by the Development Services Director or his or her
designee, the City Clerk shall transcribe a certificate of approval upon the plat, first making
sure that the other certifications required by this section have been duly signed.
(2) When the certificate of approval by the Development Services Director or his or her
designee has been transcribed on the final plat, the Planning Division shall retain the copy
to be recorded until the civil engineering improvement plans have been approved, and the
public improvement security has been provided.
(3) The Planning Division shall cause the final plat to be recorded in the office of the
County Recorder within which the platted lands lie and the recordation fee shall be paid
thereto.
(4) The original Mylar copy of the recorded plat shall be retained by the Planning
Division, including the submittal of electronic copies in PDF and DWG format.
(5) If Staff rejects the final plat, the subdivider shall be notified, in writing, of the
reasons for rejection.
ARTICLE 2-3: SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
§2-3-1 IN GENERAL.
(B) Land which is subject to periodic flooding or land which the Development Services
Project Engineer or his or her designee determines cannot be properly drained shall not be
subdivided, except that bythe Development Services Director or his or her designee may
approve subdivision of the land upon receipt of evidence from the Development Services
Project Engineer or his or her designee that the construction of specific improvements can
be expected to render the land suitable for subdividing; thereafter, construction upon the
land shall be prohibited until the specified improvements have been planned, designed
and construction guaranteed to the satisfaction of the Development Services Project
Engineer or his or her designee . Land within the Federal Emergency Management Agency
("FEMA")floodplain areas is administered through § Floodplain Management, Chapter
5, Vol. II, Apache Junction City Code.
§ 2-3-5 LOT PLANNING.
(A) (3) Where steep topography, unusual soil conditions, drainage problems, abrupt
changes in land use or heavy traffic on adjacent streets prevail, the Development Services
Director or his or her designee may make special lot width, depth and area requirements
which exceed the minimum requirements of the particular zoning district.
§ 2-3-7 STREET NAMES.
(A) The subdivider shall indicate the proposed street names subject to approval by the by
the Development Services Director or his or her designee at the preliminary plat stage.
Street naming shall be in compliance with the manual "Procedures for Street Naming and
Address Assignment, City of Apache Junction, Arizona," following City adoption of same.
ARTICLE 2-6: CONDOMINIUM PLATS AND CONDOMINIUM CONVERSIONS
§ 2-6-3 GENERAL STANDARDS.
(A) General. The Development Services Director or his or her designee shall not refuse
approval of a final plat of a project described as a condominium under provisions of this
Chapter because of location of buildings on the property shown on the plat and not in
violation of this Chapter or on account of the manner in which airspace is to be divided in
conveying the condominium. Fees and lot design requirements shall be computed and
imposed with respect to such plats on the basis of parcels or lots on the surface of the land
shown thereon as included in the project. Plats of such projects may be based on building
footprints but, as per state statute, they do not need to show the buildings or the manner in
which the buildings or airspace above the property are to be divided. This division does not
limit the power of the Development Services Director or his or her designee to regulate the
location of buildings in such a project by or pursuant to a zoning ordinance.
(B) New condominium development. New condominium development shall be subject
to the standard procedures and requirements for development, as established by the city,
including compliance with zoning ordinances, building codes, design review and other
applicable codes and ordinances.
(C) Condominium conversion. Condominium conversion of existing development shall
be subject to final plat approval by the Development Services Director or his or her
designee.
(1) Disclosure report requirements. The subdivider shall submit an affidavit stating that
the units to be converted meet the applicable standards of the Building Code, and City
Code. Any subdivider who files a final plat for a condominium, cooperative, community
apartment, townhouse development, or manufactured home subdivision, whether for the
purpose of new development or the subdivision of an existing development, shall submit a
copy of a report on the physical condition of all buildings, structures, and other
improvements to the property to be subdivided prior to approval of a final plat by the
Development Services Director or his or her designee. This report shall be made available
by the subdivider to all prospective purchasers of the initial condominium units prior to
execution of a binding contract of purchase.The disclosure report shall be recorded with
the appropriate County Recorder at the same time as the final plat. The report shall contain
the following:
(a) A report describing the physical condition of elements of the structure, equipment,
or appliances in a unit, the repair or replacement of which will be the responsibility of the
purchaser. The report shall state the approximate date on which the element, equipment,
or appliance was originally constructed or installed; the approximate date on which it was
subsequently replaced or will likely require replacement; and the current estimated cost of
replacement;
(b) This report shall not be construed to create any warranties, express or implied;
(c) A report containing information to be obtained from the fire district describing the
extent to which the buildings and structures to be converted by the plat submitted by the
subdivider deviate from applicable requirements of the fire code, and the city code in the
following specified areas of fire safety:
1. Accessibility of buildings and structures to fire-fighting equipment; and
2. Proximity and frequency of fire hydrants; and
3. Description of the building construction rating for"party walls" and fire barriers
between units.
(d) A statement of the estimated fees or assessments, if any, that the purchaser of a
unit will pay, on a monthly and yearly basis, for at least a 2 year period following purchase;
and
(e) A report from a licensed pest control operator on each building or structure and
each unit within the building or structure.A statement of the unit's average monthly utility
costs, including water, sewer, trash collection, electricity and natural gas, based on the
preceding 12 month period, where the subdivider has access to such utility cost data.
(2) Certificate of occupancy. Prior to final plat approval, evidence of building permits
and/or certificate of occupancy for the original construction must be submitted or the
applicant must provide plans of the site with the water distribution system and wastewater
drainage system shown on as-built plans "signed and sealed" by an Arizona registered
professional engineer. Copies of the required Arizona Department of Environmental Quality
("ADEQ") application for such may be submitted to fulfill this requirement.The professional
registrant shall also submit a "signed and sealed" statement that indicates that the existing
systems are properly installed and located as per building safety requirements. The
statement shall indicate the year the structure was built, the building codes in effect at the
time of construction completion, if known, and the results of independent testing of the
"party walls" or fire barriers between units. Independent testing of at least 10% of the units
in the overall project, including at least 1 unit in each separate building shall be required.
This may require some site investigation by contractors to verify sizes and locations of
systems and the physical condition of building components.The results shall be provided
for the Building Official to review at the time the applicant applies for final plat approval.
§2-6-4 APPLICATION PROCESS.
(A) General requirements. Sanitary sewage, water supply and refuse disposal. It is the
responsibility of the subdivider to provide the Arizona Department of Environmental Quality
("ADEQ")with plans and applications for the design and operation of sanitary sewer
facilities, water supply and refuse disposal, as required.
(B) New condominium development. For condominium projects being developed
through new construction, the procedures for processing the application shall be the same
as with other new development with the exception that the subdivision may be submitted
directly for final plat review to the Development Services Director or his or her designee
after preliminary approval by staff that the plat complies with all technical requirements.
The following steps are required for the review of new condominium development:
(1) Development Review Committee;
(2) Submittal of final plat for technical review and administrative approval by staff;
(C) Condominium conversion. Conversion of existing buildings to condominiums may
proceed through an expedited process; however, such proposals still require review by
various city departments and applicable agencies to ensure compliance with local and
state requirements. Buildings constructed prior to issuance of building permits or
certificates of occupancy may be required to provide evidence of adequacy of water
distribution and wastewater drainage systems, as well as disclosure of building conditions
as they relate to building and fire codes through the preparation of a building condition
report by an Arizona registered professional that includes mechanical, electrical, and
structural engineering analyses.The following steps are required for the review of
condominium conversion projects:
(1) Development Review Committee;
(2) Submittal of final plat for technical review and administrative approval by staff;
(Ord. 1503, passed - -2021)
§2-6-5 FINAL PLAT APPROVAL.
(A) The Development Services Director or his or her designee shall review the final plat
submittal for the condominium and make their determination for approval, approval with
conditions or denial based on the requirements and procedures indicated in the
subdivision regulations, and subject to the following:
(1) That the proposed condominium subdivision conforms to the adopted goals,
objectives and policies of the city;
(2) That the proposed condominium subdivision will not be detrimental to the public
health, safety, and general welfare;
(3) That the proposed condominium subdivision is consistent with the provisions and
intents of the Zoning Code, as applicable to the property; and
(4) That the proposed condominium subdivision conforms to the design standards set
forth in this Chapter and other applicable city, county, state and federal regulations.
(B) After the applicant has received the required approvals, the final plat for the
condominium development may be submitted to the Development Services Director for
recording.
(1) Time limit. The applicant/subdivider shall have 6 months from the date of approval
by the Development Services Director or his or her designee to submit all required
materials and to demonstrate all conditions have been met.
(2) Copies. Three (3) reproducible sets of the final plat shall be submitted to the
Development Services Director.
(3) Fees. All development fees for subdivision and recording shall be received prior to
the recording of the final plat. Recording fees shall be made payable to the appropriate
County Recorder.
(4) Conditions, covenants and restrictions ("CC&Rs"). The subdivider shall submit 2
copies of the deed restrictions that describe the responsibilities of the unit owners for
maintaining common areas and facilities and all other pertinent information and
requirements as applicable.
(5) The Director or his or her designee may require an applicant to adhere to all
preliminary plat requirements during the final plat process, such as, but not limited to,
establishing an HOA and including CC&Rs in its deeds setting forth the perpetual
obligation to financially contribute for the maintenance of all community areas such as
private roads, pools, and playground and recreational areas.
(C) Assurances. Any assurances required for improvements in accordance with these
regulations shall be received and approved prior to recording of the final plat.
(D) Certificate of occupancy. After recording of the final plat the applicant may then
apply for certificate(s) of occupancy for the newly created condominiums from the
Development Services Department and sell the units as condominiums in accordance with
the requirements of the State of Arizona Department of Real Estate.
ARTICLE 2-7: DEFINITIONS.
FINAL APPROVAL. Approval by the Development Services Director or his or her designee
of the final plat as evidenced by the signatures required to complete the certifications
necessary for final plat authorization to record the plat.
IMPROVEMENTS. Such street work and utilities required to be installed or agreed to be
installed by the subdivider on land to be used for public or private streets, highways, alleys,
pedestrian ways and easements as are necessary for the general use of the lot owners in
the subdivision and local neighborhood and for through traffic and drainage needs, and
required as a condition precedent to the approval and acceptance of the final plat map,
and may include but is not limited to street improvements-survey monuments, street name
signs, guardrails, barricades, safety devices, fire hydrants, grading, retainingwalls, storm
drains, and flood control channels, erosion control structures, landscaping, sanitary
sewers, streetlights, and other facilities as are required bythe council or Development
Services Director or his or her designee, as well as utility installations (water, electric, gas,
telephone).
STREET. Away designated or intended for general public use, accepted by the Council or
Development Services Director or his or her designee, as a public right-of-way open to
vehicular and pedestrian travel or a street shown on a plat heretofore approved pursuant to
law or approved by official action; or a street on a plat duly recorded in the County
Recorder's office. It shall not include a controlled access highway, thoroughfare, alley,
private street or private driveway, but shall include "avenue;' "boulevard;' "circle;' "court;'
"drive, "lane, "place, "road, "row, "walk" and other similar designations. Also included is
the land between the right-of-way lines, whether improved or unimproved, and may
comprise pavement, shoulders, curbs, gutters, sidewalks, viaducts, bridges, utilities,
lawns and parking areas. Street types shall include the following:
APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
13)Add the following notes:
a)All tracts not dedicated to the City of Apache Junction shall be improved in accordance
with the approved plans and deeded to the Homeowners'Association upon recordation of
the final plat. Tracts shall not be conveyed to any private or public entity without prior City
approval.
(18)Add the following certifications:
c) Approved by the Development Services Director of the City of Apache Junction, Arizona
this day of , 20_. And the Development Services Director accepts
the rights-of-way dedicated herein on behalf of the Public. The subdivider has provided a
Certificate of Assured Water Supply as required by Arizona Revised Statues (ARS) §45-576
or evidence that the area has been designated by the Arizona Department of Water
Resources as having an assured water supply.
BY:
Development Services Director
(50) Public streets rights-of-way widths and cross-sections shall complywith city
standards unless exceptions are required or approved by the City Engineer or the
Development Services Director .
(64) Name changes to the development will only be allowed:
a) After verifying any name conflicts through the Arizona Department of Real Estate and
providing the city with a copy; and
b) Prior to the preliminary plat approval by the Development Services Director or his or
her designee.
Draft Amendment Redlines to Apache Junction City Code,Volume II, Land
Development Code, Chapter 2: Subdivision and Minor Land Division Regulations
§2-1-13 FINAL PLAT APPROVAL REQUIRED PRIOR TO CONVEYANCE.
(A) No person, for the purpose of making or effecting a subdivision within the territorial
Limits of these regulations, shall make any deed,will, mortgage, trust deed or contract for
the sale or other transfer of such subdivision or any part thereof, by metes and bounds
description or otherwise, before recordation of the final plat of either the entire subdivision
or phase thereof. A contract for sale which is expressly made contingent upon obtaining
approval by the City Council of such final plat within 1 year from the date of the execution
of the contract shall not be deemed prohibited by the foregoing provision.
(B) No person proposing to make or have made a subdivision within the territorial limits
of these regulations shall offer to sell the proposed subdivision before obtaining the City's
Councils approval of the final plat of the proposed subdivision; provided however, an offer
to sell the subdivision or phase thereof, which is expressly made contingent upon obtaining
approval of the final plat aforesaid within 1 year from the date of the making of the offer
shall not be deemed prohibited by the foregoing provision.
§2-1-15 MODIFICATIONS AND EXCEPTIONS.
(A) The principles of design and requirements for the layout of subdivisions, asset forth
in Article 2-3 of this Chapter, maybe varied by the Development Services Director or his or
her designee Cstierl. However, such subdivision shall, in the judgment of the
Development Services Director or his or her designee Council, provide adequate provisions
for all essential community requirements. No modifications shall be granted by the
Development Services Director or his or her designee Ce neilwhich would conflict with
the goals and objectives of the General Plan, Zoning Ordinance, an approved MPC District,
or with the intent and purposes of Article 2-3 of this Chapter.
(B) In any particular case where the subdivider can show that extraordinary conditions of
topography, adjacent development, irregular parcel shape, floodplain, fissures, or other
conditions exist, strict compliance with these regulations would cause practical difficulty
or exceptional and undue hardship, the Development Services Director or his or her
designee Council may modify such requirements to the extent deemed just and proper, so
as to relieve the difficulty or hardship; provided, such relief may be granted without
detriment to the public good and without impairing the intent and purposes of this Article
or the desirable general development of the neighborhood and the community in
accordance with the General Plan, and shall not be contrary to the city Zoning Ordinance.
Any rmodifieation thus granted shaR be entered On the mintites of the Gotineil, setting forth
the reasons which, in the opinion of the Council,justified the modification.
(1) In modifying the standards or requirements set forth in this Chapter, as provided
above, the Development Services Director or his or her designee Council may make
additional requirements, such as but not limited to protective covenants, deed restrictions
or other legal provisions, as are deemed necessary to secure substantially the objectives of
the standards or requirements so modified.
(2) In providing for modifications, a mere finding or recitation of the enumerated
conditions unaccompanied by the finding of specific fact, shall not be deemed "findings of
fact" and shall not be deemed in compliance with this Chapter.
(3) The approval of departures or modifications from the regulations of this Chapter
shall not be considered as precedent-setting when the findings of fact clearly indicate the
unique circumstances which warranted the departure or modification.
§2-1-16 RESUBDIVISION OF LAND.
(A) Procedure for res ub division. For any change in a map of a recorded subdivision plat, if
the change effects any street layout shown on the map, or area reserved thereon for public
use, or any exterior lot line, or if it affects any plat legally reached prior to the adoption of
this Chapter, except where the lots involved are made larger and where any interior lot lines
are involved, the parcel shall be approved by the same procedure, rules and regulations as
for a new subdivision.
(B) Procedure for subdivisions where resubdivision is indicated. Whenever a parcel of
Land is subdivided and the subdivision plat shows 1 or more lots containing enough area
that their division into lots according to the minimum Zoning Ordinance requirements
would create a subdivision as defined herein, the Development Services Director or his or
her designee 6ounerl may require that such a parcel of land allow for the future opening of
streets and the ultimate extensions of adjacent streets. Easements providing for the future
opening and extension of such streets may be made a requirement of the plat.
§2-1-17 VACATION OF PLATS.
(A) When a recorded plat is proposed to be vacated, such an instrument shall be
approved by the Development Services Director or his or her designee the Council in like
manner as plats of subdivisions, including any such action which abridges or destroys any
public rights in any of its public uses, improvements, streets or alleys.
(B) Such an instrument shall be executed, acknowledged or approved and recorded or
filed, in like manner as plats of subdivision; and being duly recorded or filed, shall operate
to destroy the force and effect of the recording of the plat so vacated, and to divest all
public rights in the streets, alleys and public grounds, and all dedications laid out or
described in the plat.
(C) The applicant shall also secure all utility extinguishments from all the utility agencies
that were granted easements through the original platting process. No instrument shall be
recorded to vacate any plat until such time as all utility easements extinguishments are
recorded.
§2-1-21 VIOLATIONS AND PENALTIES.
(A) Penalties for any violation of the Apache Junction Subdivision Regulations are
provided for pursuant to Apache Junction City Code,Vol. I, § 1-1-11.
(B) The approval of a preliminary plat maybe revoked by the Development Services
Director or his or her designee a majority vote of the eity eotineill upon finding that 1 or
more of the plat stipulations or provisions of the subdivision regulations have been
violated.The Development Services Director or his or her designee The Council may
reinstate approval of the preliminary plat when it is satisfied that a compliance with the
provisions of these regulations or stipulations has been achieved. If approval of the
preliminary plat is permanently revoked, a request to resume the subdivision shall be
treated as a new application.
(C) (1) The Development Services Director or his or her designee, by written order
setting forth the reasons therefore, may stop all work on a subdivision if he or she finds that
a major violation of the Subdivision Ordinance has occurred, creating an immediate or
imminent threat to public health or safety such as danger to life or limb, or damage to
property of the city or to neighboring property owners.
(2) After work is stopped, no work on the subdivision, except to correct the problems
specified by the Director or his or her designee, may proceed until written authorization is
given by the Director or his or her designee. While work is stopped, the subdivider may
appeal, within 30 days to the City Clerk, the Director's stop order to the Council which shall
meet at the next regularly scheduled Council meeting to consider the matter.The Council,
after hearing both sides, may reverse or modify the Director's order within 30 days if the
Council finds that the Director has been unreasonable or arbitrary. The burden of proof in
such an appeal shall be upon the subdivider.
(D) The imposition of any sentence shall not exempt the offender from compliance with
the requirements of this article.
ARTICLE 2-2: PLATTING PROCEDURES AND REQUIREMENTS
§2-2-3 . RESERVED
(A) Puipose. Prior to formal submittal of a preLirninary pLat as otitLined below, th-C.
subdivider shaiL submit a conceptual subdivision plat for review by the P[anning and Zoning
Cornmiss,on. The purpose of such stibmittal is to gain tentative approval prior to expending
eity or the subdivider.
(G) Appeal. If the project deveLoper objects to a decision by the PLanning and Z i -
Commission to deny a conceptual subdivision plat or recommended modification to Same)-
the PLanning and Zoning Commission decision may be appealed te)the City CotinfeiL. Upo,
matter shaiL be placed on the agenda for the next avaiiable Council Meeting.
§2-2-4 PRELIMINARY PLAT.
(A) The preliminary plat stage of land subdivision includes detailed subdivision planning,
submittal, review and approval of the preliminary plat. The subdivider shall provide the
Planning Division with all information essential to determine the character and general
acceptability of the proposed development to allow for the establishment of the design
parameters for the final plat and the improvement plans. The preliminary plat shaU
eonform tO the approved eoneeptual subdivision plat as approved by the Pianning and
, if this optional step was tindertaken. A preliminary
plat process may be waived for a proposed platting of a substantially developed property,
as it is in the opinion and approval of the Development Services Director and/or City
Engineer or their designees. Substantially developed includes a build-out property with
stormwater retention and drainage facilities, landscaping, and onsite and offsite
infrastructure improvements.
(2) Preliminary plat review.
(a) Upon receipt of a complete application for a preliminary plat, inclusive of all fees, the
Planning Division shall login the date of submittal and perform its review for compliance to
public objectives, giving special attention to the minimum application requirements for
preliminary plat as set forth in this Chapter.The Planning Division shall distribute the
application and the preliminary plat to the following staff and agencies for review and
written comments that pertain to their area of expertise and responsibilities:
1. Director of Public Works;
2. City Engineer;
3. Development Services Principal Engineer or Project Engineer;
4. Police Chief;
5. Fire District Chief;
6. Parks and Recreation Director;
7. County Health Department;
8. Superintendent of School District;
9. United States Postmaster at Apache Junction, Arizona;
10. County Engineer and Director of County Planning, if proposed subdivision abuts
county areas;
11. Where the land abuts a state or federal highway, to the Arizona Department of
Transportation; and
12. Utility companies.
(b) The reviewing staff and agencies shall transmit their recommendations to the
Planning Division.
(c) The Planning Division shall consolidate the reviewing staff and agencies
comments and requirements and transmit the same to the applicant for incorporation of
the revisions to the preliminary plat.
(d) Once the new preliminary plat substantially conforms to the provision of this
Chapter, the Development Services staff shall approve, approve with conditions or deny
the preliminary plat. notify the applicant of meeting dates of Pianning and Zoni"
Where an
approved MPC District is in place, the preliminary plat approval shall be processed as
described in Article 2-2-4(B)(3)(b).
(3) Preliminary plat approval.
(a) The Commission shall meet and offer its recommendations to the CRY Gotineii off
the preiii-minary plat after considering the recornitiendations of eity staff and the above
arge,icies and entities. Public hearings shaLi be held by both Commission and City Council.
The Development Services Director or his or her designee ma , by resolution,
approve, conditionally approve or deny a preliminary plat.
(4) Significance of preliminary plat approval. Preliminary plat approval constitutes
authorization for the subdivider to proceed with preparation of the final plat and the
engineering plans and specifications for public improvements and site development.
Preliminary plat approval is based on the following terms:
(b) Approval is valid for a period of 12 months from date of the Development Services
Director or his or her designee CouneWs action, within which period the subdivider must
file a complete final plat application. A time extension for an additional 12 months may be
granted by the Development Services Director or his or her designee if there
had been no change in the city's policies or regulations which would affect the subdivision;
and
§2-2-5 FINAL PLAT.
(A)This stage includes the final design of the subdivision, engineering of public
improvements and site development, and submittal of the plat and plans by the subdivider
for review and for action by the Development Services Director or his or her designee
CouneR.The final plat shall not be denied, if it substantially conforms to the approved
preliminary plat and submitted within 12 months of an approved preliminary plat, and
further provided that the submitted final plat meets all the requirements of these
regulations.
(C) Final plat review.
If complete, the Planning Division shall review the final plat and improvement plans for
substantial conformity to the approved preliminary plat and refer copies of the submittal to
the following staff and agencies which will be requested to make known their
recommendations, in writing, addressed to the Development Services Director or his or her
designee Council through the Planning Division and City Manage,r: see list of reviewing staff
and agencies as shown in § 2-2-4(B)(2)(a)for preliminary plat review.
(4) In the event that the Planning Division finds that the final plat does not substantially
conform to the preliminary plat as approved by the Development Services Director or his or
her designee or the Subdivision Committee, the subdivider shall revise to
conform to the preliminary plat or shall be required to submit a new preliminary plat
application.
(D) Council heaFingan Post-approval action.
(12) Upon approval of the final plat by the Development Services Director or his or her
designee City Council, the City Clerk shall transcribe a certificate of approval upon the
plat,first making sure that the other certifications required by this section have been duly
signed.
(2-3) When the certificate of approval by the Development Services Director or his or her
designee Council has been transcribed on the final plat, the Planning Division shall retain
the copy to be recorded until the civil engineering improvement plans have been approved,
and the public improvement security has been provided.
(34) The Planning Division shall cause the final plat to be recorded in the office of the
County Recorder within which the platted lands lie and the recordation fee shall be paid
thereto.
(45) The original Mylar copy of the recorded plat shall be retained by the Planning
Division, including the submittal of electronic copies in PDF and DWG format.
(56) If thre Council Staff rejects the final plat, the reasons shall be recorded in the
the subdivider shall be notified, in writing, of the reasons for rejection.
ARTICLE 2-3: SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
§2-3-1 IN GENERAL.
(B) Land which is subject to periodic flooding or land which the Development Services
Project Engineer or his or her designee determines cannot be properly drained shall not be
subdivided, except that by the Development Services Director or his or her designee
City Cotin may approve subdivision of the land upon receipt of evidence from the
Development Services Project Engineer or his or her designee that the construction of
specific improvements can be expected to render the land suitable for subdividing;
thereafter, construction upon the land shall be prohibited until the specified improvements
have been planned, designed and construction guaranteed to the satisfaction of the
Development Services Project Engineer or his or her designee . Land within the Federal
Emergency Management Agency("FEMA")floodplain areas is administered through § 5-
1 Floodplain Management, Chapter 5, Vol. II, Apache Junction City Code.
§2-3-5 LOT PLANNING.
(A) (3) Where steep topography, unusual soil conditions, drainage problems, abrupt
changes in land use or heavy traffic on adjacent streets prevail, the council Development
Services Director or his or her designee may make special lot width, depth and area
requirements which exceed the minimum requirements of the particular zoning district.
§2-3-7 STREET NAMES.
(A) The subdivider shall indicate the proposed street names subject to approval by the by
the Development Services Director or his or her designee City CounciL at the preliminary
plat stage. Street naming shall be in compliance with the manual"Procedures for Street
Naming and Address Assignment, City of Apache Junction, Arizona;'following City Council
adoption of same.
ARTICLE 2-6: CONDOMINIUM PLATS AND CONDOMINIUM CONVERSIONS
§2-6-3 GENERAL STANDARDS.
(A) General. The Development Services Director or his or her designee Cou nee l shall not
refuse approval of a final plat of a project described as a condominium under provisions of
this Chapter because of location of buildings on the property shown on the plat and not in
violation of this Chapter or on account of the manner in which airspace is to be divided in
conveying the condominium. Fees and lot design requirements shall be computed and
imposed with respect to such plats on the basis of parcels or lots on the surface of the land
shown thereon as included in the project. Plats of such projects may be based on building
footprints but, as per state statute, they do not need to show the buildings or the manner in
which the buildings or airspace above the property are to be divided. This division does not
limit the power of the Development Services Director or his or her designee 6etirle.l to
regulate the location of buildings in such a project by or pursuant to a zoning ordinance.
(B) New condominium development. New condominium development shall be subject
to the standard procedures and requirements for development, as established by the city,
including compliance with zoning ordinances, building codes, design review and other
applicable codes and ordinances.
(C) Condominium conversion. Condominium conversion of existing development shall
be subject to final plat approval by the Development Services Director or his or her
designee Commission and
(1) Disclosure report requirements. The subdivider shall submit an affidavit stating that
the units to be converted meet the applicable standards of the Building Code, and City
Code. Any subdivider who files a final plat for a condominium, cooperative, community
apartment, townhouse development, or manufactured home subdivision, whether for the
purpose of new development or the subdivision of an existing development, shall submit a
copy of a report on the physical condition of all buildings, structures, and other
improvements to the property to be subdivided prior to approval of a final plat by the
Development Services Director or his or her designee Mayor and Council.This report shall
be made available by the subdivider to all prospective purchasers of the initial
condominium units prior to execution of a binding contract of purchase. The disclosure
report shall be recorded with the appropriate County Recorder at the same time as the final
plat.The report shall contain the following:
(a) A report describing the physical condition of elements of the structure, equipment,
or appliances in a unit, the repair or replacement of which will be the responsibility of the
purchaser. The report shall state the approximate date on which the element, equipment,
or appliance was originally constructed or installed; the approximate date on which it was
subsequently replaced or will likely require replacement; and the current estimated cost of
replacement;
(b) This report shall not be construed to create any warranties, express or implied;
(c) A report containing information to be obtained from the fire district describing the
extent to which the buildings and structures to be converted by the plat submitted by the
subdivider deviate from applicable requirements of the fire code, and the city code in the
following specified areas of fire safety:
1. Accessibility of buildings and structures to fire-fighting equipment; and
2. Proximity and frequency of fire hydrants; and
3. Description of the building construction rating for"party walls" and fire barriers
between units.
(d) A statement of the estimated fees or assessments, if any, that the purchaser of a
unit will pay, on a monthly and yearly basis, for at least a 2 year period following purchase;
and
(e) A report from a licensed pest control operator on each building or structure and
each unit within the building or structure. A statement of the unit's average monthly utility
costs, including water, sewer, trash collection, electricity and natural gas, based on the
preceding 12 month period, where the subdivider has access to such utility cost data.
(2) Certificate of occupancy. Prior to final plat approval, evidence of building permits
and/or certificate of occupancy for the original construction must be submitted or the
applicant must provide plans of the site with the water distribution system and wastewater
drainage system shown on as-built plans "signed and sealed" by an Arizona registered
professional engineer. Copies of the required Arizona Department of Environmental Quality
("ADEQ") application for such may be submitted to fulfill this requirement.The professional
registrant shall also submit a "signed and sealed" statement that indicates that the existing
systems are properly installed and located as per building safety requirements. The
statement shall indicate the year the structure was built, the building codes in effect at the
time of construction completion, if known, and the results of independent testing of the
"party walls" or fire barriers between units. Independent testing of at least 10% of the units
in the overall project, including at least 1 unit in each separate building shall be required.
This may require some site investigation by contractors to verify sizes and locations of
systems and the physical condition of building components.The results shall be provided
for the Building Official to review at the time the applicant applies for final plat approval.
§2-6-4 APPLICATION PROCESS.
(A) General requirements. Sanitary sewage, water supply and refuse disposal. It is the
responsibility of the subdivider to provide the Arizona Department of Environmental Quality
("ADEQ")with plans and applications for the design and operation of sanitary sewer
facilities, water supply and refuse disposal, as required.
(B) New condominium development. For condominium projects being developed
through new construction, the procedures for processing the application shall be the same
as with other new development with the exception that the subdivision may be submitted
directly for final plat review to the Development Services Director or his or her designee
Corn. *ss,.._ and ._ :' after preliminary approval by staff that the plat complies with all
technical requirements. The following steps are required for the review of new
condominium development:
(1) Development Review Committee;
(2) Submittal of final plat for technical review and administrative approval by staff;
(C) Condominium conversion. Conversion of existing buildings to condominiums may
proceed through an expedited process; however, such proposals still require review by
various city departments and applicable agencies to ensure compliance with local and
state requirements. Buildings constructed prior to issuance of building permits or
certificates of occupancy may be required to provide evidence of adequacy of water
distribution and wastewater drainage systems, as well as disclosure of building conditions
as they relate to building and fire codes through the preparation of a building condition
report by an Arizona registered professional that includes mechanical, electrical, and
structural engineering analyses.The following steps are required for the review of
condominium conversion projects:
(1) Development Review Committee;
(2) Submittal of final plat for technical review and administrative approval by staff;
(3) StibrnittaL of finai plat to 6ommission for review;
(Ord. 1503, passed - -2021)
§2-6-5 FINAL PLAT APPROVAL.
(A) The Development Services Director or his or her designee C)oitimission and Mayor
and Coti ._:' shall review the final plat submittal for the condominium and make their
determination for approval, approval with conditions or denial based on the requirements
and procedures indicated in the subdivision regulations, and subject to the following:
(1) That the proposed condominium subdivision conforms to the adopted goals,
objectives and policies of the city;
(2) That the proposed condominium subdivision will not be detrimental to the public
health, safety, and general welfare;
(3) That the proposed condominium subdivision is consistent with the provisions and
intents of the Zoning Code, as applicable to the property; and
(4) That the proposed condominium subdivision conforms to the design standards set
forth in this Chapter and other applicable city, county, state and federal regulations.
(B) After the applicant has received the required approvals, the final plat for the
condominium development may be submitted to the Development Services Director for
recording.
(1) Time limit. The applicant/subdivider shall have 6 months from the date of approval
by the Development Services Director or his or her designee Council to submit all required
materials and to demonstrate all conditions have been met.
(2) Copies. Three (3) reproducible sets of the final plat shall be submitted to the
Development Services Director.
(3) Fees. All development fees for subdivision and recording shall be received prior to
the recording of the final plat. Recording fees shall be made payable to the appropriate
County Recorder.
(4) Conditions, covenants and restrictions ("CC&Rs"). The subdivider shall submit 2
copies of the deed restrictions that describe the responsibilities of the unit owners for
maintaining common areas and facilities and all other pertinent information and
requirements as applicable.
(5) The Director or his or her designee may require an applicant to adhere to all
preliminary plat requirements during the final plat process, such as, but not limited to,
establishing an HOA and including CC&Rs in its deeds setting forth the perpetual
obligation to financially contribute for the maintenance of all community areas such as
private roads, pools, and playground and recreational areas.
(C) Assurances. Any assurances required for improvements in accordance with these
regulations shall be received and approved prior to recording of the final plat.
(D) Certificate of occupancy. After recording of the final plat the applicant may then
apply for certificate(s) of occupancy for the newly created condominiums from the
Development Services Department and sell the units as condominiums in accordance with
the requirements of the State of Arizona Department of Real Estate.
ARTICLE 2-7: DEFINITIONS.
FINAL APPROVAL. Approval by the Development Services Director or his or her designee
Cotneil of the final plat as evidenced by the signatures required to complete the
certifications necessary for final plat authorization to record the plat.
IMPROVEMENTS. Such street work and utilities required to be installed or agreed to be
installed by the subdivider on land to be used for public or private streets, highways, alleys,
pedestrian ways and easements as are necessary for the general use of the lot owners in
the subdivision and local neighborhood and for through traffic and drainage needs, and
required as a condition precedent to the approval and acceptance of the final plat map,
and may include but is not limited to street improvements-survey monuments, street name
signs, guardrails, barricades, safety devices, fire hydrants, grading, retaining walls, storm
drains, and flood control channels, erosion control structures, landscaping, sanitary
sewers, streetlights, and other facilities as are required by the council or Development
Services Director or his or her designee, as well as utility installations (water, electric, gas,
telephone).
STREET. A way designated or intended for general public use, accepted by the Council or
Development Services Director or his or her designee, as a public right-of-way open to
vehicular and pedestrian travel or a street shown on a plat heretofore approved pursuant to
law or approved by official action; or a street on a plat duly recorded in the County
Recorder's office. It shall not include a controlled access highway, thoroughfare, alley,
private street or private driveway, but shall include "avenue;' "boulevard;' "circle;' "court;'
"drive, "lane, "place, "road, "row, "walk" and other similar designations. Also included is
the land between the right-of-way lines, whether improved or unimproved, and may
comprise pavement, shoulders, curbs, gutters, sidewalks, viaducts, bridges, utilities,
lawns and parking areas. Street types shall include the following:
APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
13)Add the following notes:
a)All tracts not dedicated to the City of Apache Junction shall be improved in accordance
with the approved plans and deeded to the Homeowners'Association upon recordation of
the final plat. Tracts shall not be conveyed to any private or public entity without prior City
Couneil approval.
(18)Add the following certifications:
c) Approved by the Development Services Director Cotncil of the City of Apache Junction,
Arizona this day of , 20.And the Development Services Director
accepts the rights-of-way dedicated herein on behalf of the Public. The
subdivider has provided a Certificate of Assured Water Supply as required by Arizona
Revised Statues (ARS) §45-576 or evidence that the area has been designated by the
Arizona Department of Water Resources as having an assured water supply.
BY:
Mayor Development Services Director
(50) Public streets rights-of-way widths and cross-sections shall complywith city
standards unless exceptions are required or approved by the City Engineer or the Cry
Couneil Development Services Director .
(64) Name changes to the development will only be allowed:
a) After verifying any name conflicts through the Arizona Department of Real Estate and
providing the city with a copy; and
b) Prior to the preliminary plat approval by the Development Services Director or his or
her designee .
Pm25m1IOOmAM
Text Amendment to Chapter 29. Subdivision and
M inor Land Division Regulations per House Bill 2447
City of Apache Junction
City Council New Business
November 4, 2025
Background
• 2023 Senate Bill 110%'-
SB 1103 amended A. R .S . § § 9-500 .49 stating that city councils may pass an ordinance
authorizing staff administrative approval of "site plans, development plans, land
divisions, lot line adjustments, lot ties, preliminary plats, final plats and plat
amendments without a public hearing".
• Most of those items are already administratively approved, with the exception of plats .
• 2025 House Bill 2447
• HB 2447 further amended the same A. R . S section to make this optional change a
requirement, replacing `may' with `shall'.
• Cities are now required to amend their code and procedures so that the noted items
are approved by administrative personnel without a public hearing .
1 �-
J
m25 - 100-AM
• Proposed Amendment to the Apache Junction City Code, Volume II , Land Development
Code, Chapter 2 : Subdivision and Minor Land Division Regulations to modify references to
city council public hearings for approving preliminary plats, final plats, and plat
amendments and replace the code language to identify administrative personnel as the
approval authority.
1 �-
J
Sections Changi ng
ARTICLE 2-1: ENACTMENT, SCOPE OF REGULATIONS, ARTICLE 2-6: CONDOMINIUM PLATS AND CONDOMINIUM
ADMINISTRATION, CONSTRUCTION, AND TERMS CONVERSIONS
• § 2-1-13 FINAL PLAT APPROVAL REQUIRED PRIOR TO § 2-6-3 GENERAL STANDARDS.
CONVEYANCE.
• § 2-6-4 APPLICATION PROCESS.
• § 2-1-15 MODIFICATIONS AND EXCEPTIONS.
• § 2-6-5 FINAL PLAT APPROVAL.
• § 2-1-16 RESUBDIVISION OF LAND.
ARTICLE 2-7: DEFINITIONS.
• § 2-1-17 VACATION OF PLATS. APPENDIX: PRELIMINARY AND FINAL PLAT CONDITIONS
• § 2-1-21 VIOLATIONS AND PENALTIES.
ARTICLE 2-2: PLATTING PROCEDURES AND REQUIREMENTS
• § 2-2-3 CONCEPTUAL SUBDIVISION PLAT (OPTIONAL).
• § 2-2-4 PRELIMINARY PLAT.
ARTICLE 2-3: SUBDIVISION DESIGN PRINCIPLES AND STANDARDS
• § 2-3-1 IN GENERAL.
• § 2-3-5 LOT PLANNING.
• § 2-3-7 STREET NAMES.
Recommendation
Staff recommend the approval of text amendment case P-25- 100-AM to comply
with the requirements of HB 2447 .
Next Steps :
• 11/18/20z .-.)
City Council Public Hearing
All-
� .
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 10.
PizoNr File ID: 25-554
Sponsor: Nicholas Leftwich Agenda Date: 11/4/2025
Index: In Control: City Council Meeting
Presentation and discussion on the proposal to authorize the city to enter into
Intergovernmental Agreement(IGA)with Maricopa County to facilitate the annexation of
Meridian Drive right-of-way.
City of Apache Junction,Arizona Page 1 Printed on 1013012025
1
O� PQACHF✓G�0
�y Z City of Apache Junction
Development Services Department k'7
qR/ZONP
CITY COUNCIL NEW BUSINESS ITEM
STAFF REPORT
DATE : November 3, 2025
TO: Honorable Mayor and City Council Members
THROUGH: Bryant Powell, City Manager
Rudy Esquivias, Development Services
Director
Sidney Urias, Development Services Deputy
Director
FROM: Nicholas Leftwich, Senior Planner
SUBJECT: Proposal for the approval of an
intergovernmental agreement (IGA) with
Maricopa County to initiate the annexation
of right-of-way on Meridian Drive
BACKGROUND
Ownership of Meridian Drive is and has historically been split
between the City of Apache Junction, the City of Mesa, and
Maricopa County. Within city limits, the City of Apache Junction
owns 65' of right-of-way (ROW) on the east side of the Maricopa
County/ Pinal County boundary line, with some minor variance in
width at specific sections like intersections . This arrangement
of split jurisdictions has resulted in complications with
construction permits, review processes, law enforcement, and
road maintenance which are now being realized as our community
grows with the Superstition Vistas development along Meridian
Drive, between Elliot Avenue & Ray Avenue .
In an effort to mitigate and resolve these issues, the City of
Apache Junction and the Apache Junction Water District have been
coordinating with Maricopa County and the City of Mesa in order
to review proposed roadwork and facilitate construction projects
that may cross these jurisdiction lines . Through this process,
it has been proposed that the City of Apache Junction may annex
the Meridian Drive ROW on the west side of the county line so
that one municipality has jurisdiction over Meridian Drive. This
Meridian Annexation—Maricopa County IGA
November 3,2025 City Council Staff Report
2
would involve both the conveyance of ownership of the ROW and an
annexation to extend the city limits to include the west half of
Meridian Drive .
PROPOSALS
At this time, it has been proposed that the City of Apache
Junction enter into an intergovernmental agreement (IGA) with
Maricopa County in order to formalize their support of this
action and their commitment to facilitate the conveyance and
annexation on their end. This agreement has been prepared
through coordination with the city and Maricopa County and is
attached as Exhibit 1 . An exhibit showing how the right-of-way
on the west half of Meridian Drive is divided between Maricopa
County and the City of Mesa has also been provided as Exhibit 2 .
The Maricopa County ROW subject to this IGA is depicted in blue,
and in most locations is 55' in width.
According to A.R. S . 9-471 (0) :
"As an alternative to the [annexation] procedures established in
this section, a county right-of-way or roadway may be
transferred to an adjacent city or town by mutual consent of the
governing bodies of the county and city or town if the property
transferred is adjacent to the receiving city or town and if the
city or town and county each approve the proposed transfer as a
published agenda item at a regular public meeting of their
governing bodies . A transfer of property made pursuant to this
subsection shall be treated by the receiving city or town as if
the transferred property was newly annexed territory. "
Pursuant to this section, the annexation of county right-of-way
may forgo the standard blank petition process required for
annexing private properties and may be facilitated by mutual
agreement approved by the county board of supervisors and our
city council .
A future IGA with the city of Mesa for their portion of the ROW
is currently being planned for, but requires further logistical
details that need to be worked out and addressed before it can
be presented. This Maricopa County IGA is being presented now to
meet timelines on Maricopa County' s part.
PLANNING STAFF ANALYSIS
Staff is supportive of this IGA and the proposed annexation,
finding that it addresses several long-time logistical issues
that affect construction permits, review processes, and law
Meridian Annexation—Maricopa County IGA
November 3,2025 City Council Staff Report
3
enforcement. The annexation and acceptance of this right-of-way
does bring responsibilities, however, which we recognize are
also factors to consider when making such a commitment.
What happens if we annex Meridian Drive:
-This would remove the need for cross-municipality reviews and
individual inspection by each jurisdiction, reducing the time
and complexity that have held some construction projects along
Meridian back.
-We would become responsible for the maintenance of the Meridian
Drive as a whole, rather than the responsibility being split
across multiple jurisdictions . This is an ongoing cost.
-The City of Apache Junction Police Department would become
responsible for the patrol and enforcement of Meridian Drive.
Currently, police departments of different jurisdictions are
discouraged to patrol this street due to cross-jurisdictional
enforcement issues, which would be resolved if one city and
police department takes responsibility for the whole street.
What happens if we do not annex Meridian Drive:
-Construction reviews will continue to be routed through
Maricopa County, the City of Mesa, and our own review teams,
which has a high impact lengthening review and inspection times
and causes much redundancy.
-The area is not currently enforced by police of either
jurisdiction, due to issues with cross-boundary police
enforcement. This arrangement will continue.
-Inconsistency among jurisdictional standards will continue to
result in inconsistencies of road design, which has impeded the
proper development of the arterial intersections along Meridian.
7 W_ 41"_ i
Prepared by Nich las Leftwich
Senior Planner
Attachments :
Exhibit #1 - IGA with Maricopa County
Exhibit #2 - Meridian ROW Annexation Exhibit
Meridian Annexation—Maricopa County IGA
November 3,2025 City Council Staff Report
Docusign Envelope ID: DC8871 E7-226A-4DE9-B646-DBD3C539821 B
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION
FOR ANNEXATION AND PERMITTING OF MERIDIAN ROAD,
FROM ELLIOT ROAD TO RAY ROAD
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County), and the City of Apache Junction, an Arizona
municipal corporation (City). The County and City are collectively referred to as the Parties or
individually as a Party.
STATUTORY AUTHORIZATION
1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and
28-6701 et seq., to lay out, maintain, control, and manage public roads within the County.
2. The City is authorized, pursuant to A.R.S. § 9-240 and § 9-276 et seq., to lay out and
establish, regulate, and improve streets within the City and to enter into this Agreement.
3. Public agencies are authorized, pursuant to A.R.S. § 11-951 et seq., to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.
BACKGROUND
4. Meridian Road, from Elliot Road to Ray Road, is a paved street located within southeast
Maricopa County. The County has right of way within this segment.
5. There is development occurring on the east side of this roadway, within City jurisdiction
(Project).
6. The City intends to annex existing County roadway on Meridian Road, from Elliot Road to
Ray Road, between the current east boundary of the City of Mesa and the Maricopa/Pinal
County line.
7. The City shall be responsible for reviewing, approving and permitting any and all roadway
development plans for the Project area.
PURPOSE OF THE AGREEMENT
8. The purpose of this Agreement is to identify and define the responsibilities of the County
and the City for reviewing, approving and permitting roadway development plans and
future annexation of the County's portion of Meridian Road.
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
TERMS OF THE AGREEMENT
9. Responsibilities of the County:
9.1 Have no financial contribution.
9.2 Not review, nor be responsible for, the preparation of any and all plans or be liable
for design deficiencies, traffic control, construction, or inspection approvals upon
the execution of this Agreement.
9.3 Issue no-cost permits for any necessary Project-related work performed within the
jurisdiction of the County adjacent to the area of annexation.
9.4 Support annexation of Meridian Road, from Elliot Road to Ray Road.
10. Responsibilities of the City:
10.1. Be financially responsible for all Project costs associated with permitting,
annexation, and the time allocated by their staff as it relates to this Project.
10.2. Upon the execution of this Agreement, the City shall assume all responsibility for
permitting, maintenance, operation and related liability for the roadway until
annexation has been completed.
10.3. Initiate the annexation and transfer of Meridian Road, from Elliot Road to Ray Road
using A.R.S. § 9-471(0), within six (6) weeks of having completed all
acquisitions/obtained final judgments needed for the Project within unincorporated
Maricopa County. Prior to adopting the annexation, the City shall submit to
Maricopa County Real Estate Department (MCRED), for review and approval, the
draft ordinance with a legal description and exhibit defining the exterior boundary
of the area to be transferred, Exhibit A, which is attached to this Agreement and is
incorporated herein by reference. The transfer of right of way from County to City
shall be accomplished in a form approved by MCRED.
GENERAL TERMS AND CONDITIONS
11. To the extent permitted by law, each Party will indemnify, defend, and hold the other Party
harmless, including any of the Party's departments, agencies, officers, employees, elected
officials, or agents, from and against all liability, loss, expense, damage or claim of any
nature whatsoever that is caused by any activity, condition or event arising out of the
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement, including but not limited to injuries or death of persons or damages to or
destruction of property. In the event of an action, the damages that are the subject of this
indemnity shall include costs, expenses of litigation, and reasonable attorney fees.
12. This Agreement shall become effective as of the date it is executed by all the governing
bodies of the Parties and shall remain in full force and effect until all stipulations previously
indicated have been satisfied.
13. This Agreement may be amended only upon written agreement by all Parties.
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
14. This Agreement is subject to the provisions of A.R.S. § 38-511.
15. The Parties warrant that they are following A.R.S. § 41-4401 and further acknowledge
that:
15.1 Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A), and shall keep a record of the verification for the duration of the employee's
employment or at least three (3) years, whichever is longer.
15.2 Any breach of the warranty shall be deemed a material breach of this agreement,
of which breaching party may be liable for penalties including termination of the
agreement.
15.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees
to make all papers and employment records of said employee available during
normal working hours to facilitate such an inspection.
15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
16. Any contractor or subcontractor who engages in for-profit activity and has 10 or more
employees, if the value of the contract is a minimum of$1,000,000, certify it is not currently
engaged in and agrees for the duration of this Agreement to not engage in, a boycott of
goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued according to 50 U.S.C. § 4842.
17. Each Party warrants and certifies that no contractor or vendor under contract with the
Party to provide goods or services toward the accomplishment of the objectives of this
Agreement currently has, and for the duration of the contract will not, use:
17.1 The forced labor of ethnic Uyghurs in the People's Republic of China.
17.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
17.3 Any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People's Republic
of China.
If any Party becomes aware during the term of the Agreement that any contractor or
vendor is not in compliance with this paragraph, the Party shall notify the other Party
within five business days after becoming aware of the noncompliance. Failure of the Party
to provide a written certification that the contractor or vendor has remedied the
noncompliance within one hundred eighty (180) calendar days after notifying the public
entity of its noncompliance, this Agreement shall terminate unless the Term of this
Agreement shall end prior to said one hundred eighty (180) calendar day period.
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
18. It shall be a material breach of this Agreement for a Party to fail to observe or perform any
of the material covenants, conditions or provisions of this Agreement, where such failure
shall continue for a period of thirty (30) calendar days after the non-defaulting Party
provides the defaulting Party with written notice of such failure; provided, however, that
such failure shall not be a Default if the defaulting Party has commenced to cure the
Default within such thirty (30) calendar day period and thereafter is diligently pursuing
such cure to completion. The total aggregate cure period shall not exceed ninety (90)
calendar days unless the Parties otherwise agree in writing. In the event of Default, the
non-defaulting Party, at its option, may terminate this Agreement without waiving any
available remedies at law or in equity.
19. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 West Durango Street
Phoenix, Arizona 85009
Mitch Wagner(cr maricopa.gov
City of Apache Junction
Public Works Department, City Engineer
575 E. Baseline Road
Apache Junction, Arizona 85119
eschmid(a)-apacehjunctionaz.gov
All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered by e-mail, in person (by hand or courier) or may be sent by regular
or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by
commercial delivery service performed with receipt. Any notice sent by certified mail,
return receipt requested, shall be deemed given on the date of delivery shown on the
receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail,
the notice shall be deemed given 72 hours after the notice is addressed as required in this
paragraph and mailed with postage prepaid. Notices delivered by the United States
Express Mail or overnight delivery service that guarantees next-day delivery shall be
deemed given 24 hours after delivery of the notice to the Postal Service or courier for
delivery. Notice given by e-mail shall be deemed delivered one business day after the e-
mail was sent.
20. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the governing body of the City in
such fiscal year.
21. This Agreement shall be construed as a whole and under its fair meaning and without
regard to any presumption or other rule requiring construction against the party drafting
this Agreement.
22. The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained because of the continuation of any matter previously
waived.
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
23. Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties outlined in this Agreement, or any certificate or instrument
executed or delivered according to this Agreement shall survive the expiration or earlier
termination of this Agreement for a period of one (1) year.
24. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument. Electric
signatures are acceptable as original signatures.
25. The Parties will execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such Party according to this Agreement.
26. The venue for any claim arising out of or in any way related to this Agreement shall be
Phoenix, Arizona.
27. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement- Signature Pages Follow
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF APACHE JUNCTION
Approved and Accepted by:
Chip Wilson Date
Mayor
Attest by:
City Clerk Date
APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Counsel, who has determined that it is in proper form and within the powers and
authority granted to the City under the laws of the State of Arizona.
Richard J. Stern Date
City Attorney
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
ESigned by:
t,sst, 1�in{iWVv�
E47E235375F04C3... 9/1 7/2025
Jesse Gutierrez, P.E. Date
Transportation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Deputy County Attorney, who has determined that it is in proper form and within the
powers and authority granted to the Board of Supervisors under the laws of the State of Arizona.
Signed byy:,,�,,,
E
l A� `�"f 9/17/2025
31�6A191436004 E5
Deputy County Attorney Date
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
RIGHT-OF-WAY
ROAD BETWEEN DESCRIPTION
M ELLIOT ROAD & RAY ROAD EXHIBIT A
A PORTION OF LAND WITHIN THE SOUTHEAST QUARTER OF SECTION 12, THE EAST HALF OF SECTION 13
AND THE EAST HALF OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CITY OF MESA BRASS CAP IN A HAND HOLE MARKING THE NORTHEAST CORNER OF
SAID SECTION 13, FROM WHICH A 2.5" CITY OF MESA BRASS CAP IN HAND HOLE, BEING THE EAST
QUARTER CORNER OF SAID SECTION 13, BEARS SOUTH 0°37'58" EAST, A DISTANCE OF 2637.66 FEET;
THENCE SOUTH 89°20'51" WEST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 0°37'58" EAST, A DISTANCE OF 2636.63 FEET;
THENCE SOUTH 0°39'46" EAST, A DISTANCE OF 2637.50 FEET;
THENCE SOUTH 0°37'44" EAST, A DISTANCE OF 2633.53 FEET;
THENCE SOUTH 0°38'07" EAST, A DISTANCE OF 2580.63 FEET;
THENCE NORTH 89°35'53" WEST, A DISTANCE OF 20.00 FEET;
THENCE NORTH 0°38'07" WEST, A DISTANCE OF 561.51 FEET;
THENCE NORTH 89°21'53" EAST, A DISTANCE OF 10.00 FEET;
" THENCE NORTH 0°38'07" WEST, A DISTANCE OF 2018.95 FEET;
THENCE NORTH 0°37'44" WEST, A DISTANCE OF 2633.52 FEET;
THENCE NORTH 89°37'54" WEST, A DISTANCE OF 5.00 FEET;
THENCE NORTH 0°39'46" WEST, A DISTANCE OF 601.05 FEET;
THENCE NORTH 9°34'23" EAST, A DISTANCE OF 28.14 FEET;
THENCE NORTH 0°39'46" WEST, A DISTANCE OF 2008.67 FEET; D LAND
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THENCE NORTH 0°37'58" WEST, A DISTANCE OF 2636.45 FEET; ��� • "° ��
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Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
RIGHT-OF-WAY
ROAD BETWEEN DESCRIPTION
M ELLIOT ROAD & RAY ROAD EXHIBIT A
THENCE NORTH 89°20'51" EAST, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 0°39'09" EAST, A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING.
SAID RIGHT-OF-WAY CONTAINS 114,224 SQUARE FEET OR 2.622 ACRES, MORE OR LESS.
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BOOK 774, PAGE 37, MCR o cD
z
55' R/W I 55' R/W
BOOK 545, PAGE 27, MCR BOOK 545, PAGE 27, MCR
MATCH TOP RIGHT
10' R/W EAST QUARTER CORNER
BOOK 774, PAGE 37, MCR I SEC 24 T1 S R7E G&SRM
FOUND 2" GLO 1911
BRASS CAP FLUSH
� I
I 1
MATCH SHEET 6
�>� SUNRISE
MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT-OF-WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 5 OF 7 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
EXHIBIT A
NOT TO SCALE
MATCH SHEET 5
MATCH BOTTOM LEFT
10' R/W
EAST QUARTER CORNER BOOK 929, PAGE 29 MCR
SEC 24 T1 S R7E G&SRM
FOUND 2" GLO 1911 � o
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Q I BOOK 929, PAGE 29 MCR SEC 24 T1S R7E G&SRM
0 FOUND 2.5" CITY OF
APACHE JUNCTION
W L2 * BRASS CAP FLUSH
2 RAY ROAD
I
I
MATCH TOP RIGHT
�>� SUNRISE
MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT-OF-WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 6 OF 7 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
EXHIBIT A
LINE TABLE
LINE # DIRECTION LENGTH
L1 S89°20'51"W 55.00'
L2 N89°35'53"W 20.00'
L3 N89°21'53"E 10.00' E° LAND
\FICATF
L4 N89°37'54"W 5.00' 38862
RONNIE E.
L5 N9°34'23"E 28.14' DORSEY
o c1
L6 NO°39'09"W 65.00' Qesgned. SP.
gRIZONA,�'
L7 N89°20'511 10.00' �xO res
L8 SO°39'09"E 65.00'
ABBREVIATIONS
COR CORNER
E EAST
GLO GENERAL LAND OFFICE
G&SRM GILA AND SALT RIVER MERIDIAN
MCR MARICOPA COUNTY RECORDS
N NORTH
PLSS PUBLIC LAND SURVEY SYSTEM
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
R RANGE
R/W RIGHT—OF—WAY
S SOUTH
SEC SECTION
T TOWNSHIP
W WEST
LEGEND
SUBJECT BOUNDARY
PLSS SECTION LINE
RIGHT—OF—WAY LINE
TIE LINES
mmmmmmmmm MATCHLINE
��>� SUNRISE
MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT—OF—WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 7 OF 7 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
RIGHT—OF—WAY DESCRIPTION FOR EXHIBIT A
MERIDIAN ROAD
BETWEEN ELLIOT ROAD & RAY ROAD
A PORTION OF LAND WITHIN THE SOUTHEAST QUARTER OF SECTION 12, THE EAST HALF OF SECTION 13
AND THE EAST HALF OF SECTION 24, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA AND SALT RIVER
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CITY OF MESA BRASS CAP IN A HAND HOLE MARKING THE NORTHEAST CORNER OF SAID
SECTION 13, FROM WHICH A 2.5" CITY OF MESA BRASS CAP IN HAND HOLE, BEING THE EAST QUARTER
CORNER OF SAID SECTION 13, BEARS SOUTH 0°37'58" EAST, A DISTANCE OF 2637.66 FEET;
THENCE SOUTH 0°37'58" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF
2637.66 FEET TO SAID EAST QUARTER CORNER;
THENCE SOUTH 0°39'46" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13,
A DISTANCE OF 2637.45 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 13;
THENCE SOUTH 0°37'44" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 24,
A DISTANCE OF 2633.61 FEET TO A 2" GENERAL LAND OFFICE BRASS CAP FLUSH MARKING THE EAST
QUARTER CORNER OF SAID SECTION 24;
THENCE SOUTH 0°38'07" EAST, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24,
A DISTANCE OF 2635.59 FEET TO A 2.5" CITY OF APACHE JUNCTION BRASS CAP FLUSH MARKING THE
SOUTHEAST CORNER OF SAID SECTION 24;
THENCE SOUTH 0°37'36" EAST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 25, A
DISTANCE OF 65.01 FEET;
THENCE NORTH 89°35'53" WEST, A DISTANCE OF 75.01 FEET;
THENCE NORTH 0°37'36" WEST, A DISTANCE OF 65.01 FEET TO A POINT ON THE SOUTH LINE OF SAID
SOUTHEAST QUARTER;
e THENCE NORTH 0°38'07" WEST, A DISTANCE OF 55.01 FEET;
THENCE SOUTH 89°35'53" EAST, A DISTANCE OF 20.00 FEET;
THENCE NORTH 0°38'07" WEST, A DISTANCE OF 2580.63 FEET; ,S��EDF MCA° 0
e
THENCE NORTH 0°37'44" WEST, A DISTANCE OF 2633.53 FEET; 38862
RONNIE E.
DORSEY
THENCE NORTH 0°39'46" WEST, A DISTANCE OF 2637.49 FEET;
9ned.
THENCE NORTH 0°3758" WEST, A DISTANCE OF 2636.64 FEET; gRizoNa,�sP
�X'Ores 3-3� 2�
�>� SUNRISE
MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT—OF—WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 1 OF 5 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
RIGHT-OF-WAY DESCRIPTION FOR EXHIBIT A
MERIDIAN ROAD
BETWEEN ELLIOT ROAD & RAY ROAD
THENCE NORTH 0°39'09" WEST, A DISTANCE OF 65.00 FEET;
THENCE NORTH 89°20'51" EAST, A DISTANCE OF 55.00 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 12;
THENCE SOUTH 0°39'09" EAST, ALONG SAID EAST LINE, A DISTANCE OF 65.00 FEET TO THE POINT OF
BEGINNING.
SAID RIGHT-OF-WAY CONTAINS 589,458 SQUARE FEET OR 13.532 ACRES, MORE OR LESS.
SEE ATTACHED EXHIBIT "A" BY REFERENCE MADE A PART HERETO. EREo LAND s�
\FICATF
38862
RONNIE E.
DORSEY .�
00 1 �1
�eS9ned. SP
gRIZONA,
�XO res 3-3�,2
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MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT-OF-WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 2 OF 5 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
EAS
SECT12Q T1S E CORNER EXHIBIT A
N FOUND BRASS CAP IN HAND HOLE
N � N
CD
L7 r--:
MATCH BOTTOM LEFT 0R
COco mmmmmmmm
�
c NOT TO SCALE
1 ELLIOT ROAD Q
POB Q
Q0 r-: = NORTHEAST CORNER O
co o Q SEC 13 T1S R7E G&SRM
`" N m FOUND CITY OF MESA
!i o BRASS CAP IN HAND HOLE Q REu LAND S
�E
n � cn — ��Gs �� F I CA
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z m RONNIE E.
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BRASS CAP IN HAND HOLE N co
LLJ
co co
NORTHWEST CORNER
Q z cn o SEC 19 T1S R8E G&SRM
Q 55' R/W FOUND 2" GLO 1914
O BRASS CAP FLUSH
r--: r
CD co
N N Ln CD `
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Ln
co
N Q
N
r ? rt" cD SOUTHEAST CORNER SEC 13
0 cn o w � NORTHEAST CORNER SEC 24
T1S R7E G&SRM
FOUND 3" MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
BRASS CAP FLUSH
MATCH SHEET 4
55' R/W
MATCH TOP RIGHT
�>� SUNRISE
MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT-OF-WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 3 OF 5 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
EXHIBIT A
�>
MATCH BOTTOM LEFT ��
MATCH SHEET 3 � NOT TO SCALE
i 55' R/W
SOUTHEAST CORNER SEC 13 BOOK 545, PAGE 27, MCR
NORTHEAST CORNER SEC 24
T1S R7E G&SRM
FOUND 3" MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION
BRASS CAP FLUSH
BRED LAND SU
55' R/W ������� FICArF F�
BOOK 1389, PAGE 44, MCR 38862
D 0 - RONNIE E.
Lc) c0 DORSEY .c,D
N-j I-r) CV O N e'S�9ned. P.
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CO ARIZONA.co U'
cV N W F o ,2�
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Z
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BOOK 545, PAGE 27, MCR
ry
W
EAST QUARTER CORNER
55' R/W SEC 24 T1 S R7E G&SRM
BOOK 545, PAGE 27, MCR FOUND 2" GLO 1911
BRASS CAP FLUSH
MATCH TOP RIGHT
MATCH SHEET 5
�>� SUNRISE
MERIDIAN ROAD l`<� ENGINEERING
DATE: 08/07/2025 RIGHT-OF-WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 4 OF 5 TEL480.768.8600
www.sunrise-eng.com
Docusign Envelope ID:DC8871 E7-226A-4DE9-B646-DBD3C539821 B
MATCH SHEET 4mmmmm EXHIBIT A
EAST QUARTER CORNER
j j } SEC 24 T1S R7E G&SRM LINE TABLE
FOUND 2" GLO 1911 LINE # DIRECTION LENGTH
BRASS CAP FLUSH
L1 SO°37'36"E 65.01'
"' L2 N89°35'53"W 75.01'
N r_ L3 NO°37'36"W 65.01'
w �
0 N L4 NO°38'07"W 55.01'
N CV
00
o L5 S89°35'53"E 20.00'
i— cn
o SOUTHWEST CORNER L6 NO°39'09"W 65.00'
0 0 SEC 19 T1S R8E G&SRM
z Q FOUND GLO 1914 L7 N89°20'51"E 55.00'
BRASS CAP FLUSH
Q � L8 SO°39'09"E 65.00'
= Z �
Q ABBREVIATIONS
0 CDCOR CORNER
E EAST
WSOUTHEAST CORNER GLO GENERAL LAND OFFICE
L5 SEC 24 T1S R7E G&SRM G&SRM GILA AND SALT RIVER MERIDIAN
k FOUND 2.5" CITY OF MCR MARICOPA COUNTY RECORDS
J APACHE JUNCTION N NORTH
BRASS CAP FLUSH PLSS PUBLIC LAND SURVEY SYSTEM
J J POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
LL2 R RANGE
D LAND
EAST QUARTER CORNER R/W RIGHT—OF—WAY GS�ERE
co
�� �� FicArF� Fro
N S SOUTH SEC 25 T1S R7E G&SRM o
FOUND 3" MARICOPA COUNTY T TOWNSHIP 38862
BRASS CAP FLUSH W WEST BONNIE E.
DORSEY cD
STAMPED IS 36563-2002"
( �.
p es9ned. . P,
(n gRIZONA, S
LEGEND �x6 res 3-31—Z�
SUBJECT BOUNDARY LINE
SOUTH QUARTER CORNER >�' — PLSS SECTION LINE
SEC 24 T1 S R7E G&SRM ��� MATCHLINE
CALCULATED POSITION NOT TO SCALE
=>% SUNRISE
MERIDIAN ROAD l`<� E N G I N E E RI N G
DATE: 08/07/2025 RIGHT—OF—WAY DESCRIPTION
MERIDIAN ROAD 2045 SOUTH VINEYARD,SUITE 101
MESA,ARIZONA 85210
SHEET 5 OF 5 TEL480.768.8600
www.sunrise-eng.com
MeridianMaricopa County
Road Annexation
461
Elliot Rd - f
*�fp yrWarner_Ave
ONE
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all.
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� �� I
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e _+..' , � � _ � •y. ••'• .• • �y _ ``ate L�
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mmmw
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— 1, • Y ' I
_ Warner Ave Ray Rd
�. Ray Ave
s `•,.,
i'• 0 400
`� t 0 '�' , •, *` Feet
Pm25m104mAN
IGA with Maricopa County for the
Annexation of Meridian .Drive ROW
City of Apache Junction
City Council New Business
November 4, 2025
0,j
Background
• Meridian Drive Right-of-Way ( ROW) has historically been split between the
City of Apache Junction, the City of Mesa, and Maricopa County.
• Issues with splintered jurisdiction impacting the ongoing development along
Meridian Drive .
• Through coordination with Maricopa County, Staff have prepared an
Intergovernmental Agreement ( IGA) to facilitate the annexation of Maricopa
County's ROW on the west half of Meridian Drive and allow the City to
assume all responsibility for permitting road work.
1 4
f
J
• • • • I - 3385' 3+J�3386 �353 3337 3321, 3309 3273 �57113n!
• •
� .
3368 3214 326iR3246 3230
1
I - � Y i 1• .
• �� , . �� ��� fro
1.� �..� �
�'" • � � %� �� � � 3 n,r t t1 t i 1t t!i t t1 t � 31J5 1l�,�37Ab J?:11
_� , • ; i� ` 3364 11%13421t�1310 3216 326i324d 323ti
. t � ,. � �,► p` � � '� rig �t • � • its �iR
�. �•. .,. -, , 3 'fig ! : �'� : •' -
� t III! t123 Ji111 :178��41G9 1J`,J 374��1/'��
r ��LL6-
% AF Meridian Driv
• This would remove the need for cross- municipality reviews and individual inspection by
each jurisdiction, reducing the time and complexity that have held some construction
projects along Meridian back.
• We would become responsible for the maintenance of the Meridian Drive as a whole,
rather than the responsibility being split across multiple jurisdictions . This is an ongoing
cost .
• The City of Apache Junction Police Department would become responsible for the patrol
and enforcement of Meridian Drive . Currently, police departments of different
jurisdictions are discouraged to patrol this street due to cross-jurisdictional enforcement
issues, which would be resolved if one city and police department takes responsibility for
the whole street .
1, ,Of ` .,
What happens i w � � not annex Meridian rive
• Construction reviews will continue to be routed through Maricopa County, the City of
Mesa, and our own review teams, which has a high impact lengthening review and
inspection times and causes much redundancy.
• The area is not currently enforced by police of either jurisdiction, due to issues with cross-
boundary police enforcement. This arrangement will continue .
• Inconsistency among jurisdictional standards will continue to result in inconsistencies of
road design, which has impeded the proper development of the arterial intersections
along Meridian .
J
Recommendation
Staff recommend the approval of the Intergovernmental Agreement ( IGA) with
Maricopa County, to be considered under Resolution No . 25-32, which will initiate
the annexation of the Meridian Drive Right-of-Way.
Next Steps :
• 11/18/202S City Council Public Hearing and consideration of Resolution
No . 25-32 proposing to approve the IGA ,
1 �-
JON
All-
� .
CITY COUNCIL MEETING ROLL CALL Date: November 4, 2025
Regular
S:*?• r,,4 E z3.'014 M
CITY COUNCIL: Present Ab/excu
MAYOR W I LSON
VICE MAYOR SCHROEDER
COUNCILMEMBER CROSS
COUNCILMEMBER HECK
COUNCILMEMBER JOHNSON
COUNCILMEMBER NESSER
COUNCILMEMBER SOLLER
TOTAL
CITY STAFF: 7PresentAb/excuAdditional City Staff:
City Manager Bryant Powe
Assistant City Manager Matt Busby
Econ Director Ryan Kaup
Mrkt Comm Director Kayla Fulmer
Management Analyst Rob Wisler e4v M-64- •Vt• ad Y�aril -gf-
Management Analyst Eli Richardson V"
City Clerk Evie McKinney ^G�
Deputy City Clerk Amy Greening fla411 vt .5�Q�?M a, �•ts.
City Attorney Joel Stern
Public Safety Director Michael Pooley
Public Safety Assistant Johnny John
Dev Services Director Rudy Esquivias
Dev Sery Deputy Dir Sidney Urias
Building Safety Mgr Adrian Alegria
IT Director Doug Wirthgen
Planner Erica Hernandez
Planner Nick Leftwich i/
Water District Director Mike Loggins ✓
PW Director Ted Wolff
City Engineer Emile Schmid
PW Project Engineer Raquel Schatz
Municipal Judge Thomas McDermott
Finance Director Angelie Hawley
Library Director Pam Harrison
Park& Rec Director Liz Langenbach
HR Director Anna McCray
S:\Templates & Forms\City Council\Roll Call -City Council 'Attendance.docx
City Council
VOTE - ROLL CALL
to
r
ITEM # '� •tS - °Z 7 MEETING OF
MOTION BY: SECONDED BY:
NOTES: C,po.Sem
YES NO ABSTAINED
CITY COUNCIL
COUNCILMEMBER NESSER
oe
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER
MAYOR WILSON
TOTAL Tq I
7
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL -7 O
SHEET 2
S:Templates&Forms/CityCouncilNote Call—City Council
11.04.2025
Consent Agenda Item No's 1-2
1 MOVE THAT the consent agenda be accepted as presented.
CITY OF APACHE JUNCTION
Mayor's Script
Regular Meeting
Tuesday, November 4, 2025
A. CALL TO ORDER
I would like to call this City of Apache Junction Council Meeting of November 4, 2025, to
order and ask everyone to put their cell phones on silent.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation will be led by Al-e—S5 e-,(' & the pledge by
C. ROLL CALL
Roll call
D. CONSENT AGENDA
As a reminder—All items under the Consent Agenda will be approved with one motion. If
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. Consideration of acceptance of agenda.
2. Consideration of approval of minutes of the regular meeting of October 21, 2025.
Do I have a motion on the consent agenda? Wait for Motion and 2nd
Roll Call
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
3. Our Presenter for First Things First presentation is unable to attend tonight's
meeting due to interstate travel issues. We will be moving this item to a future
agenda.
F. REGIONAL INTERGOVERNMENTAL UPDATES
4. Regional intergovernmental meeting updates from Council.
G. CITY MANAGER'S REPORT
5. City Manager's Report. Bryant to report
6. Announcement of Current Events. Eli to report
H. PUBLIC HEARINGS
I. OLD BUSINESS
7. Presentation and discussion on potential changes to special event related
ordinances.
Riley to report
NO MOTION
J. NEW BUSINESS
8. Presentation and discussion on Resolution No. 25-30.
Spencer to report
NO MOTION
9. Presentation and discussion on Case P-25-100-AM.
NO MOTION Nick to report
10. Presentation and discussion on the proposal for an IGA with Maricopa County
regarding Meridian Drive right-of-way.
Nick to report
NO MOTION
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES
M. CALL TO PUBLIC
I would like to remind everyone that the Call to the Public is a courtesy and not
required by law.
It is a time for the public to express requests, communications, comments and
suggestions.
Request to speak forms must be completed and handed to the city clerk before the
end of the city manager's report.
All issues shall be presented in a professional manner without personal attacks.
Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION on the
issues 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
discussion.
There is a three-minute limit for each speaker.
Does Council have any requests of staff to follow up on?
N. ADJOURNMENT— I adjourn this meeting.