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HomeMy WebLinkAbout2015 01.06 City Council Regular Agenda City of Apache Junction, Arizona Meeting location City Council Chambers at City Hall Agenda 300 E Superstition Blvd g Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,January 6,2015 7.00 PM City Council Chambers ate. 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 heanng 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 Acceptance of agenda Consideration and action 2. Approval of minutes of regular meeting of December 16, 2014 Consideration and action 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. Proclamation designating January 20, 2015 as Arizona Winter Visitors Day F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location 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 4. City manager's report Presentation City of Apache Junction,Arizona Page 1 Printed on 1212912014 .ft. City Council Meeting Agenda January 6,2015 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 appeanng before the council 5. Application for a temporary extension of premises for Elks Lodge #2349 for a car show on January 17, 2015 at 2455 N Apache Trail Consideration and action 6. Application for a special event liquor license for Elks Lodge #2349 located at 2455 N Apache Trail for Lost Dutchman Days on February 26, 2015 The next step in this process is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action 7. Presentation, discussion and action on Ordinance No 1411, relating to case PZ-7-14, a city-initiated request for a proposed rezoning of a +/-2-acre property, located at 1560 W Superstition Boulevard, from Recreational Vehicle Park(RVP) to General Commercial District by Planned Development (B-1/PD), for the purpose of correcting the zoning for a future commercial development opportunity Presentation, discussion and action 8 Presentation, discussion and action on Ordinance No. 1412, relating to case PZ-6-14, a request by A T Meridian Real Estate, represented by Randolph Carter and Grant Tayrien, for approval of a planned development major amendment, proposing to change the plan of development for a General Commercial District by Planned Development(B-1/PD) zoned, 2 66-acre ,V property, located at the northwest corner area of S Ironwood Drive and W Baseline Avenue oust north of the gas station/convenience store), from an 80-room hotel site to a+/ -20,000-square-foot office and retail strip center site Presentation, discussion and action 9. Presentation, discussion and action on Ordinance No. 1408, relating to annexation case AN-2-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for annexation of and assignment of City zoning districts to, their properties (approximately 7 acres, including adjacent ADOT right-of-way) located at the southeast corner of S Tomahawk Road and US60 This item was continued by the City Council from their meeting on December 16, 2014. Presentation, discussion and action City or Apache Junction,Arizona Page 2 Printed on 1212912014 ... City Council Meeting Agenda January 6,2015 10 Presentation, discussion and action on Ordinance No 1409, relating to case PZ-4-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of several properties (approximately 7 acres) at the southeast corner of US60 and S Tomahawk Road, from General Rural Low Density Single-family Detached Residential (RS-GR) and Very High Density Multiple-family Residential (RM-3), to General Commercial District by Planned Development (B-1/PD) This item was continued from the City Council meeting on December 16, 2014 Presentation, discussion and action I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 11. Direction to staff on acceptance of CenturyLink Cable TV License application 12. Direction to staff on changes/repeal of certain provisions of the City Code, Volume 1, Chapter 14, Cable Television L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13 Executive Session at 5-45 P M and Work Session at 7.00 P.M. for Monday, January 19, 2015 is canceled due to the observation of Martin Luther King, Jr Day 14, Executive Session at 5 45 P M and Work Session at 7 00 P M for Tuesday, January 20, 2015 Other meetings if necessary City of Apache Junction,Arizona Page 3 Printed on 1212912014 City Council Meeting Agenda January 6,2015 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 that are not listed on the agenda 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 wamed such issues are beyond the junsdiction 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 maybe made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095 City of Apache Junction,Arizona Page 4 Printed on 1212912014 ... CITY COUNCIL REGULAR MEETING DECEMBER 16, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 16, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. i+ CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present . Mayor Insalaco Vice Mayor Barker (telephonically around 7 : 10) Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Development Services Director Larry Kirch Assistant to the City Manager Matt Busby Others Present : Captain Troy Mullender Revenue Resource Manager Roger Hacker REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 1 OF 30 r. ''mft' Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Evans MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 14--46, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE MODIFYING ITS AUDITING AUTHORITY, BE APPROVED, AND THAT RESOLUTION NO. 14-45, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE ALLOWING THE CITY TO CONTINUE MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Revenue Resource Manager Roger Hacker commented Elks Lodge #2349 has donated $2, 000 to the police department for the purchase of uniforms for the honor guard. Captain Troy Mullender thanked the Elks Lodge for their ^ continued support throughout the years . This amount puts them close to being able to purchase the uniforms. Revenue Resource Manager Roger Hacker introduced Robert Cooper of the Elks Lodge who presented a check to Captain Mullender. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented parks and recreation did an awesome job with the Focal Point again this year. The added REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 2 OF 30 i•. '"" lights show the Christmas lights and the lit up horse and rider even better and he thinks it is the best it has ever looked. Councilmember Serdy announced the big news in the area is the land swap and the resolution passed in the senate to help with Resolution Copper. That is one step closer to bringing a lot of ]obs here. Councilmember Evans announced there is a new youth soccer group '"' for boys and girls ages 8-18 . The U-12 boys participated in the walk-a-thon and won $800 which will go a long way for a new soccer club. There is a Superstition Mountain Soccer Club website now. Councilmember Evans commented she would like to tell everyone happy holidays, but it is also the most depressed, stressed out, lonely time of year for many, many people . She encouraged everyone to call someone and say hello or buy someone a happy meal. She wished everyone a happy holiday. Mayor Insalaco announced he was at Talking Stick Resort on Monday for a retirement party for outgoing president Diane Enos, the president of the Salt River Indian Tribe. She has been fantastic. She has done a marvelous job but is going back to being a trial lawyer. She will probably run again in four years . This Saturday he will be there for Delbert Rey, the new president . Councilmember Evans commented on a couple more of the Santa photos at the Paws and Claws . They have done a lot of adoptions over the last few months . They will accept monetary, food or equipment donations . CITY MANAGER' S REPORT City Manager George Hoffman commented Assistant City Manager Bryant Powell is at an event with his daughter this evening. Matt is telephone patching in the vice mayor at this time. His report will be turned over to two speakers tonight . Assistant to the City Manager Matt Busby made the telephonic patch with Vice Mayor Barker. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 3 OF 30 Am%, ''~ Councilmember Waldron introduced Lisa Rigler and Roger Pollard with Operation Welcome Home for a presentation on the Arizona Wall project. The mission of Operation Welcome Home is to honor our veterans and families by sponsoring activities to express our support, pride and patriotism. Ms . Lisa Rigler stated they are excited about the project. They put on ceremonies for returning veterans and their families and look forward to bringing that to Apache Junction in the future. Under the Operation Welcome Home nonprofit, they are a partner with the 50th Anniversary of the Vietnam War Commemorative Partnership, which has some criteria. They have decided to bring a permanent tribute wall to Arizona. They are doing presentations to tell people about the project. It will be located in Gilbert . Mr. Roger Pollard stated welcome home to all Vietnam vets . He was a district intelligence officer in Vietnam. He described his experiences there. He commented on the history of the wall and how it came about. The Arizona wall will be 800 of the original wall made out of anodized aluminum alloy in black. The agreement calls for another wall to be within 100 miles so there will be one in Tucson. This is for people who cannot get to Washington, D. C. to come and see the original . Ms Lisa Rigler stated the Town of Gilbert has dedicated about a 7 . 7 acre parcel across from the town hall . The 911 memorial is across the street and a police and fire memorial in front of the police and fire safety building. The street has been changed from Civic Drive to American Heroes Way so it is fitting to be there. She gave a presentation on its design. Mr. Roger Pollard stated they will be promoting inspiration, healing and education. He read a paragraph about each one. Ms. Lisa Rigler stated they have been going into the schools to teach the fourth and fifth graders about patriotism. She commented on the different partnerships they have forming. She commented on the different supporters and the community support they have, and requested other wallunteers . Mr. Roger Pollard stated his is proud to be a part of this project . He described his training and different historical REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 4 OF 30 A''` Alook events that occurred in 1968 . He knows this project is the right thing to do. Mr. Chris Coyle, Republic Services, gave a status update on the Apache Junction landfill, what has gone on this last year and what they are looking towards in the future. This year they had self-construction at the landfill, excavating and filling it with a liner. They will receive about 300, 000 tons this year, a A01k little above average Their next self-construction will be in 2016, their final one . It will have full environmental compliance. He described how the liner is constructed and how it works . They are expecting about 210, 000 tons next year but special waste is unknown. As the state is now doing dynamic compaction on the highway dig sites, they are no longer getting waste from them. The projected closure of the landfill is 2025. He briefed them on how that is calculated. They had a safe year with no accidents or injuries this year. The free dump weeks have been a success this year. He thanked the police department for their assistance during those times . PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR JANUARY 10, 2015 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the ,,W, applicant address the council. Mr. Josh Springer, 578 S . Starr Road, addressed the council . He is a member of the nonprofit organization and advised he had their treasurer and vice president with him. They hold fundraisers to solicit donations that are given to families of police officers that have been severely injured or passed away in the line of duty. This year they have given out several thousand dollars . They have given out money for four officers this year, the two in Chandler, Detective Hobbs and the Navajo Indian Reservation officer that recently passed away. This will be another REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 5 OF 30 fundraising event they will have. They do not want to give this money away at all, but it is something they feel they should do. Councilmember Waldron commented the last time there was an event held out there we got several calls from citizens complaining about the noise. He would ask that if a citizen does come up that someone take the time to listen to them because that did not happen last time. They were basically told to leave. There are people that live back in that area. It was on a Sunday and he got calls on Sunday about it . He would ask they at least address those with those people should they show up. Mr. Josh Springer stated absolutely. That should not be an issue. This event will be held on a Saturday and the music should be over by 7 p.m. They will be tearing things down after that . Councilmember Waldron commented it is just in case somebody does come up they should take the time to listen to them and their concerns . Mr. Josh Springer stated it should not be an issue at all . Mayor Insalaco opened the public hearing on the item. Mr. Mehmood Mohiuddin, 2341 N. Apache Trail, addressed the council . Mr. Waldron made a comment about a police officer coming and then comments about having noise. A gentleman complained that lived about one mile behind him who said it sounded like somebody beating their Indian drums. He talked to the person controlling the music and told him to turn the bass down. The captain from the police department stated at the last meeting that one person has complained about Fillies, the Skies and the Hitching Post. He said he asked the captain what they would need to do to fix the problem. He said the police captain told him there is nothing he can do about it as there is one person complaining about every place in this area. There was a concern, he discussed it, and they fixed it . They did not turn the person away. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 6 OF 30 .o► At"` Councilmember Waldron commented the reason he brought that up is the call he got is not from a person who complains about all the other ones. It was somebody else that called. There were several people that called. They are not involved in those other complaints. He is just asking that he address it with them. Mr. Mehmood Mohiuddin stated AO%k absolutely. Councilmember Waldron commented they felt that it was not addressed at the time. They had whatever going on at their houses . The only thing he is asking is that when they show up he please address it with them and try to mitigate the problem. Mr. Mehmood Mohiuddin stated absolutely. City Clerk Kathleen Connelly stated for purposes of clarification, there was one complaint that went to the police department but there were other complaints that went to the council . Councilmember Wilson commented he also got complaints and telephone calls . City Clerk Kathleen Connelly stated they were not the same people. Mayor Insalaco closed the .� public hearing with no one else wishing to speak and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR JANUARY 10, 2015, SUBMITTED BY JOSH SPRINGER, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL WITH THE FOLLOWING CONDITIONS : (1) THE EVENT WILL BE HELD ON A LOT ADJACENT TO THE HITCHING POST, NOT ON THE HITCHING POST PROPERTY AS THE APPLICATION SUGGESTS . OWNERS HAVE NOT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 7 OF 30 COMBINED THE PARCELS AND THE HITCHING POST HAS NOT PERMANENTLY EXTENDED ITS PREMISES. (2) PARKING FOR THE EVENT WILL INCLUDE THE EXISTING PARKING AREA JUST SOUTH OF, AND NORMALLY USED BY, THE HITCHING POST AND DASH IN, AS WELL AS AN ADDITIONAL FENCED- OFF AREA ON PART OF THE FORMER BOAT STORAGE BUSINESS PROPERTY (WHERE THE CONCERT WILL ALSO BE HELD) . THE SITE PLAN PROVIDED, HOWEVER, DOES NOT SHOW HOW 300 PARKING SPACES (AS THE APPLICATION SUGGESTS) FOR A PEAK ATTENDANCE OF 500 PEOPLE WILL BE ACCOMMODATED. FOR FUTURE EVENTS, WE WOULD LIKE TO SEE A ^ PROFESSIONALLY DRAWN, SCALED SITE PLAN, SHOWING STAGE, PARKING LAYOUT, PORTA-JOHN LOCATIONS AND VENDOR AREAS. (3) THE STAGE AND AMPLIFIED MUSIC WILL BE POINTED IN A NORTHERLY DIRECTION, TOWARD THE UNDEVELOPED STATE AND BLM LANDS. (4) CONCERT EVENT LIGHTING SHOULD BE DIRECTED AWAY FROM TRAFFIC AND RESIDENTIAL PROPERTIES, AND SHOULD BE SHUT OFF BY 10 P.M. (5) APPLICANTS MUST PROVIDE FOR ADEQUATE SECURITY, SUFFICIENT PORTA-JOHNS, AND PRE-EVENT WATERING DOWN OF ACTIVITY AREAS. (6) EVENT DAY SIGNAGE MUST NOT BE PLACED IN THE RIGHT-OF-WAY OR OBSTRUCT VEHICLE OR PEDESTRIAN TRAFFIC, AND MUST BE TAKEN DOWN IMMEDICATELY FOLLOWING THE EVENT. (7) APPLICANTS ARE TO ADDRESS ANY OTHER SAFETY, CIRCULATION AND TRAFFIC ISSUES WITH PUBLIC SAFETY AND PUBLIC WORKS STAFF. I FURTHER MOVE THAT PLANNING STAFF CONTINUE TO MEET WITH THE PROPERTY OWNERS ON THE FILING OF A CONDITIONAL USE PERMIT APPLICATION TO COMPREHENSIVELY ADDRESS THESE ISSUES AND OTHER ISSUES ASSOCIATED WITH CREATING A PERMANENT, OUTDOOR ENTERTAINMENT VENUE ON THE PROPERTY. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous. The motion carried. I PROPOSED ORDINANCE NO. 1407, ANNEXATION CASE AN-1-14, A CITY- INITIATED ANNEXATION OF A STRIP OF APPROXIMATELY 50 ACRES OF VACANT STATE TRUST LAND FOR ELLIOTT ROAD RIGHT-OF-WAY NEAR THE MERIDIAN DRIVE ALIGNMENT ) REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 8 OF 30 I i► ^ Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for council discussion. There being no further discussion, he called for a motion. AOft Councilmember Waldron MOVED THAT ORDINANCE NO. 1407 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1407, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Attorney Joel Stern stated for item numbers 11 and 12, the annexation has to be voted on first as they cannot rezone a property that is not annexed yet. Mayor Insalaco asked if they can do both together but they would have to do the vote on the annexation first . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 9 OF 30 City Attorney Joel Stern stated they can. One public hearing for both would be fine. PROPOSED ORDINANCE NO. 1409, ANNEXATION CASE PZ-4-14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC FOR A REZONING OF SEVERAL PROPERTIES AT THE SOUTHEAST CORNER OF TOMAHAWK ROAD AND US 60/PROPOSED ORDINANCE NO. 1408, ANNEXATION CASE AN-2-14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC FOR ANNEXATION OF AND ASSIGNMENT OF CITY ZONING DISTRICTS TO PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF TOMAHAWK ROAD AND US 60 ) ) Senior Planner Rudy Esquivias briefed the council on the items . Mayor Insalaco requested the applicant address the council . Mr. John Wharton, 1580 E. San Remo, Gilbert, addressed the council for any questions . He stated this property has a problem he would like to discuss . There is only one point of access to this property, where 34th Avenue comes in. There is also only one access to Bill' s Ghost on the other side of the freeway and the cars stack up like crazy. Bill' s Ghost is on one acre and he has 5 acres of commercial . It will stack up like crazy. It is not a nice Aawwk place to put a really good retail center. They have a hotel interested but they keep asking what else will be in there. They do not want their customers not being able to get in and out . He asked the council to amend item number 6 which eliminates the number of uses. Either eliminate 6 altogether or possibly say those uses are allowed with a special use permit . Let those users come to the city and show a plan that might be workable . With the type of retail uses the city would like to use, the hotel will balk and walk. It is not feasible from that standpoint . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 10 OF 30 /\ Ao'` Mayor Insalaco asked Rudy to help them with that . Senior Planner Rudy Esquivias stated he had not heard these concerns to this extent before. It is up to the council . He asked if they want to allow storage lots, check cashing places, pawn shops, and tattoo parlors . AO%k Mayor Insalaco commented they do not. Councilmember Waldron asked which of the uses listed in there he would object to. It is a laundry list. Mr. John Wharton stated it is a laundry list, so he does not know what would happen if they talk with Choice Hotels and they want to put in a nice hotel. They want to be able to have their people come in and out and they want to know before they invest money what their neighbors are going to be like and what the traffic will be like that will be generated by that user. He suggested letting him tell them a lot of uses are available but many of them, the ones suggested by the board, are subject to a use permit, which may or may not be allowed. For him to just say the only thing that will be allowed in there now is retail, they will say they cannot get cars in and out of there. They will go somewhere else. Mayor Insalaco commented he does not completely understand. �. Councilmember Waldron commented that was part of his question. These uses are not compatible with a motel, such as horse privileges. Mr. John Wharton stated he is not suggesting massage parlors and check cashing places . He is just saying whatever comes, such as another Horne Ford wanting to build a place on part of it next to the hotel or what . But to put together a conceptual site plan where one could anticipate heavy traffic is scaring people off. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 11 OF 30 AIM%, ''k� Councilmember Evans commented her background is in real estate. Looking at this, if she was going to build a hotel, she would say "Yay". This stuff that is not compatible with her use is not allowed there. What he is saying confuses her She understands about the back up while trying to pull out from the location he mentioned. But without a site plan showing how big Choice Hotels would want to build, they do not know how much of this would even be available after they were done with it . Use that for a restriction. Mr. John Wharton stated that is a good question. They had brought a site plan to the city previously. Choice Hotels would require about two acres, which is about 400 of this site. It would leave the balance of it, mostly to the east, of about 3 acres. Bill' s Ghost has one acre, this is five acres coming out of one access point . It would behoove him to get the highest and heaviest retail in the world in there as he would get more for the land He knows she understands real estate, but the more money they can generate, the higher the land value. In this case, the access will not allow it. It is the only reason he brings it up. He has had this property for years and has been trying to sell it . He knows what the people are saying. They are saying the access to this property is poor and they can see that by Bill' s Ghost . It is the same thing. Mayor Insalaco asked what he is suggesting. He asked if he wants another access. Mr. John Wharton stated he would love to have more access . There is no other access . The Arizona Department of Transportation will not allow any more access. That is the freeway on ramp at the top and to the south is an existing mobile home park. There is no other access. Councilmember Evans commented she is still trying to follow him. The best, highest piece of this is along Tomahawk. With the ob3ection he is stating, she asked what he sees happening back there that would have less traffic involved with it . These are not the highest and best retail uses that are on the list of objections . She asked what he sees as having less traffic that could be placed on the majority part of the parcel . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 12 OF 30 Aft. AA'` Mr. John Wharton stated they could have another automobile dealership or an office complex. Councilmember Evans commented those are allowed. Vice Mayor Barker commented all those things are allowed. Ao+ Mayor Insalaco commented that is allowed. Mr. John Wharton stated the office complex is allowed. The automobile dealership is not allowed. Mayor Insalaco asked if that was correct . Mr. John Wharton stated car sales are not allowed. RV sales are not allowed. Councilmember Evans commented that is pretty small for a car dealer other than used cars. Mr. John Wharton stated he understands but a car dealer, maybe the hotel will not want the parcel, maybe the car dealer will take the entire parcel. Councilmember Rizzi asked if this would accommodate the hotel and a building with businesses A., on the bottom floor and apartments on the top floor. Senior Planner Rudy Esquivias stated it would. Councilmember Evans commented like a live/work situation. Mr. John Wharton stated he is asking that any of these uses be brought to the city with an application for a special use permit, instead of just carte blanche taking them off. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 13 OF 30 Councilmember Rizzi commented she thinks the reason they have done that is to diversify our community with the businesses we have. It seems like we have a saturation point of certain types of businesses and they are trying to diversify and branch out . Mr. John Wharton stated he understood and his parcel has been vacant for a long time. He has been trying to sell it for years . If the access is a ^ question, and it is, then people are not going to want to use it . Councilmember Evans commented instead of having six, as it is written, we Dust said any other commercial business requires a conditional use permit . Mr. John Wharton stated that is correct . Senior Planner Rudy Esquivias stated when they get to the part of the paragraph that states "include the uses normally allowed under the B-1 base zone" add "except that the following uses shall require a conditional use permit", or language to that effect . Councilmember Evans commented but he is saying he does not want the verbiage in there anywhere where it lists the uses . Mr. John Wharton stated listing the uses is fine. Councilmember Evans commented he just wants it by conditional use permit. Understanding the challenges of this parcel and what could go in there, with the limited ingress and egress to it, building in the front instead of in the furthest east piece is something as a hotel, multi- story and easily seen than even a car dealership that would be down low. She did not know if it would be more beneficial for him to develop it first in back and then move forward. Mr. John Wharton stated they are not developers, they are just trying to read what the market REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 14 OF 30 i► ,.n, is telling them. They have told him they are very interested in the property but they have concerns. Councilmember Evans commented they did not list them separately other than the ingress and egress to the back part of the parcel. Mr. John Wharton stated they .,00014 did not . They were concerned with dust getting in and out onto Tomahawk. If other peoples' clientele is backing up traffic there then their clientele would have a hard time getting in and out. They would dust as soon go somewhere else. Vice Mayor Barker commented she was going to ask Gail to give her parcel numbers as she said here and here. That would help. Councilmember Evans commented they are looking at the map. Vice Mayor Barker commented she is looking at it also. Councilmember Evans commented she is not looking at it right now. Vice Mayor Barker asked if there can be no other turns if they are from Tomahawk between 34th Avenue and US 60 . She asked if there can be no other driveways or somewhere there. Councilmember Evans commented there could not be one in the deceleration lane. Senior Planner Rudy Esquivias stated the property to the south is developed. It is outside the city limits . They are trying to get the people to the south to agree to installation of a decel lane or some other type of public improvement . By the way, there is another entrance to the property very close to what is the entrance to this other property One of the conditions that staff is suggesting is to allow for future reconfiguration of the property. It does not have to stay in this configuration. For example, one of the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 15 OF 30 Aalftk .N► early concept plans was one from 2010 which showed a hotel on 2 . 2 acres and some commercial pads to the west of the hotel . The access is configured differently than it is currently parceled out. There is opportunity within the development where it can be designed depending on the future developer' s needs. The access point, however, is 50' wide, and that is it. The possibility of another access across Arizona Department of Transportation right-of-way is extremely remote. They are basically limited to the 50' wide entrance. That is the typical public street standard entrance. The right-of-way is there and extends across the south and other parts of the property. It can be reconfigured to a more advantageous plan. Mayor Insalaco asked if they could put in another access further away. Vice Mayor Barker agreed. Senior Planner Rudy Esquivias stated he does not think they have any other access in. Mayor Insalaco commented if they have one down here they cannot put another one up there . Councilmember Waldron asked if that was not a right-of-way. Mayor Insalaco commented they have that right-of-way. Senior Planner Rudy Esquivias stated once they get to a certain point it becomes Arizona Department of Transportation right-of-way. This is it . It is the 50' entrance to serve this development site Vice Mayor Barker asked if 34th Avenue could be widened in his portion if they annexed the entire piece. Senior Planner Rudy Esquivias stated that would have to be a discussion they would have to have with the Arizona Department of Transportation. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 16 OF 30 Aft, lomk Vice Mayor Barker asked if the part that is on 34th Avenue is Arizona Department of Transportation. She knows they have a piece out there. Assistant to the City Manager Matt Busby stated he thinks she is saying 34th Avenue could be widened more on the north side on his property. owk. Senior Planner Rudy Esquivias stated it could be widened within the property, but the entrance is probably going to have to stay the same Councilmember Evans commented they could have two lanes exiting. Senior Planner Rudy Esquivias stated 50' is probably wide enough for four lanes, two in and two out. Mr. John Wharton stated there will be people turning left and people turning right . Senior Planner Rudy Esquivias stated it may be at the time of development a traffic study will be required. Vice Mayor Barker and Councilmember Evans agreed Councilmember Evans asked Mr. Wharton if he is asking them to just add the verbiage on the conditional use permit . Mr. John Wharton stated that is correct . Councilmember Rizzi commented she does not have a concern about changing the verbiage, however, it is almost like making a list of items we do not want and then if we add the verbiage be saying we might consider these down the road. If they do not want to consider this list of things, they should not add the verbiage. They have already made the list of items they do not want there, so why would they REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 17 OF 30 00%k -1v*4 add the verbiage that down the road would say they might consider it . They need to diversify the businesses here. Adding the verbiage, in her opinion, is like going back on the reason they had the list to begin with. Councilmember Evans agreed with her. They had the same similar situation on the north side of US 60 and Idaho where the ownership would build the hotel and agreed to a certain palette of uses we would not allow. They kept saying they had buyers come to the city and they never heard from them again. She asked the owner who came, what kind of business were they presenting and what were their questions after that . They never had any. Understanding what he is saying, other than a hotel chain, she asked what, if any, other kind of interest he has had in the property from businesses that are on this list . Mr. John Wharton stated none. And he has no interest in selling to those people. That is not their goal. Their goal is to placate the kind of tenants that you want. It obviously has an access problem. He thinks anyone can imagine the problem it would have just by looking at Bill' s Ghost . They do not want to scare them off with the threat of lots of cars coming in and out. Mayor Insalaco commented almost any business they put in there will have cars going in and out . Mr. John Wharton stated some create more than others . Look at Bill' s Ghost . They have a convenience store, gas and a drive thru restaurant . Then look at Horne Ford and how many cars come in and out of there. There is quite a difference. Mayor Insalaco commented he just said he might want to put a car dealership in there. Mr. John Wharton stated his point is that car dealerships do not create as much traffic as gasoline or a fast food restaurant . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 18 OF 30 /01h. /► Councilmember Waldron commented car dealerships are not on the list of not allowed uses . Mr John Wharton stated it was; it is not there now. Mayor Insalaco commented it 1010*� is used car lots like we have up and down the Trail . They are just Junkers . A new car facility is another thing. Councilmember Waldron commented he thinks diesel repair would mean trucks. Assistant to the City Manager Matt Busby stated he believed Larry wanted to offer some perspective or idea. Development Services Director Larry Kirch stated used car sales are not allowed. New car sales would be. Any car dealer is going to want exposure. To have any car dealer behind a hotel is a tough site to sell cars from something as that does not have exposure. One is already passed it on the freeway when one sees the used cars . Not all of these uses but many of these uses were brought up last night at the work session on Grant Therion' s proposal . These are not desired uses in many of our commercial areas . His recommendation would be to stick to your guns and prohibit these uses . He thinks the hotel developer would be part of the planned development process . They can work on access and site plan with the developer. Councilmember Evans commented so they do not have that problem. Councilmember Rizzi agreed. Councilmember Serdy commented he was perplexed because as a business owner that retails he would love to see more traffic and he is not used to seeing someone that does not want traffic. He thinks since it has changed from Bill' s Ghost to Circle K the traffic has increased a lot . Bill' s Ghost was failing and Circle K has turned it REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 19 OF 30 ,.. around. He is asking them to have almost every business in there be approved by the council . Mr. John Wharton stated he really is not . He is just saying he does not have any regard for any of those uses whatsoever. If they had simply said any other use would require a special use permit that would suit him fine. He does not need a listing of those. He has no interest in having any of those. He is 3ust trying to placate the users ,.. he knows are very concerned about developing and investing their money on a site that is going to have ingress and egress problems . If they could imagine with Bill' s Ghost, not 3ust one acre but five acres coming through that one in and out spot. Councilmember Serdy commented it will be even busier. We would definitely want more rooms . If you talk to the chamber of commerce, one of the things they want is more hotel rooms out here as they do feed the restaurants, etc. Rudy stated it is very difficult to get another egress . He asked what the process is and if the city has ever gotten approval from the Arizona Department of Transportation to get more accesses . He asked what they would have to do to do it. Senior Planner Rudy Esquivias stated they have not been able to do so to his knowledge. For example, this past week they had a discussion with some appraisers representing the Arizona Department of Transportation through the attorney general' s office for the development at Meridian and Southern and the limit of their access because of the new freeway interchange there. It sounded to him that Arizona Department of Transportation was very inflexible about �► the number of access points they will allow on their right-of- way. Councilmember Serdy asked why it is so precious to therm. He asked if it is for future expansion. Senior Planner Rudy Esquivias stated he thinks they 3ust want to limit the impact on their right-of-way and the other facilities they may need to put in their right-of-way. They have their spacing requirements and REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 20 OF 30 Aft. A.. their number of driveway requirements. If they present a better plan or convince them to modify requirements, there is always that possibility. It is his experience that it is very, very difficult to do that with the Arizona Department of Transportation. Regarding the convenience store, Bill' s Ghost, the property, by itself, does have a single access point. This is one lot . It is surrounded by a 17 . 5 acre property which will have another access point in another area. The two parcels do not have to share the same access point. This access point is serving just one business property. Councilmember Evans commented that the access point on 34th Avenue could be wider depending upon a planned site plan. Senior Planner Rudy Esquivias stated it could be widened internally, or inside the property. Councilmember Evans commented it would not gain additional access but it would stop the build up seen at Bill' s Ghost because it is a single lane there. A developer could make that change himself. Mayor Insalaco commented now he is all confused. Vice Mayor Barker and Councilmember Waldron agreed. Assistant to the City Manager Matt Busby stated he wanted to clarify something with Mr. .••. Wharton. One of his last statements turned the light bulb on in his head. He stated none of the other uses are desirable in his mind, which is in agreement with the council . He thinks he heard him say that any other use would require the conditional use permit The thought is if the hotel comes in on the first parcel, they would want a say on what goes in on the property behind them through a conditional use process . He asked if that is what he was getting at . Mr. John Wharton stated he supposed they would definitely have some input. He thinks what they are looking for is the possibility that the rest of this REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 21 OF 30 can be used in a less intense way. Something that does not require a lot of cars coming in. That does not mean it does not have jobs and so forth. It is not something in such a retail manner that brings lots of traffic in and out of there. That is what their fear is. Mayor Insalaco asked why they do not just put in a bigger hotel. Assistant to the City Manager Matt Busby stated he is saying they would not develop every parcel at the same time. Councilmember Evans commented but they want to have a say. Assistant to the City Manager Matt Busby stated they want to have a say in what goes in there in the future. Counciimember Evans commented they want what the conditional use permit addition would give. Mayor Insalaco commented not to put a conditional use permit on those items when he said that about number 6; that is what he said in the beginning. Councilmember Evans commented Matt just clarified what: he had been trying to say and what confused them in the beginning. Councilmember Waldron commented these are disallowed uses. Any other use allowed in a commercial district would be allowed without a conditional use. Assistant to the City Manager Matt Busby stated that is not his concern. Let us say that a hotel develops on the front parcel in three years . In five years, something else comes in that is very high traffic and volume. A fast food drive thru wants to develop behind the hotel . The hotel does not want that because of the traffic and they are afraid their access to them is being filled by just in and out fast food. The concern would be, and what he believes REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 22 OF 30 .., .. Mr. Wharton is saying, when the development comes in for the fast food, the hotel will want to say to the city council that they have a concern for the traffic that this use would cause on our customers . Mr. John Wharton stated that is correct . "W Councilmember Evans asked if he feels, as they have a situation with another hotel in that area, they would disallow another hotel . Mr. John Wharton stated he did not think so They tend to cluster together. Councilmember Evans commented they do, but the city had a unique situation with another hotel site. Mayor Insalaco asked the city attorney if it is legal to do it that way. He asked if it could be done, if the hotel could have say on whatever goes in there. City Attorney Joel Stern stated they would have to have a public hearing and they have a right to come to the public hearing. They have a right to speak if they are within 300 feet . They would get a notice. They can state their opinion. The whole access issue has come up before. At Idaho and the freeway, the Chevron station wanted a closer entrance and they could not have one. He recalled Goldfield and US 60 back in 1999 . There was going to be a hospital there and "^ they wanted a closer entrance and unfortunately that entrance is a private roadway into Dolce Vita. But it does come up. He remembers this going back to 1999; this has always been an issue. Arizona Department of Transportation will not allow a certain distance for safety or for whatever reason. City Clerk Kathleen Connelly stated it is not just the freeway and the Arizona Department of Transportation, it is also any of their other roadways . They may recall Idaho and Old West Highway where Quik Trip and Walgreen' s were told where they could put their exits and REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 23 OF 30 entrances . She asked if something comes to the mayor and council for conditional use permits or how does it work. Senior Planner Rudy Esquivias stated a conditional use permit would only go the planning and zoning commission. The only way it would come to the council would be if someone appealed it. In that sense, requiring these suggested excluded uses to be processed through a conditional use permit, those requests would go to the planning and zoning commission. There is a list of uses there. One of the other conditions states if someone wants to deviate from the conditions of approval they can process a planned development amendment . If someone wants to do an RV storage lot behind the hotel or some other use we are recommending not be allowed, today would require a planned development amendment which is planning and zoning commission and the council . If they include language in there about a conditional use permit it would only go the planning and zoning commission. It is a shorter process. Councilmember Evans commented both would give surrounding owners the ability to come and address . Senior Planner Rudy Esquivias stated everybody within 300 feet would receive notice. Councilmember Evans commented the way it is right now, he really does have what he is asking for. Senior Planner Rudy Esquivias stated that is correct. Councilmember Waldron commented item number 8 in the ordinance would cover that . He believes that is what it is in there for. Councilmember Evans asked Mr. Wharton if that made sense to him. Mr. Wharton stated he is not sure because he is not certain of the procedures . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 24 OF 30 ANWA a. Councilmember Evans commented as long as he is confident . She asked if he is going to split this parcel and keep the back half and sell the front half. If a hotel wants the front half, he could still retain ownership of the back half. Mr. John Wharton stated that is correct . Councilmember Evans commented he does not want these uses and he wants the front parcel to be able to have a say or object to what else may come in. Mr. John Wharton stated he wants them to have whatever is required by law. He is not looking for them to have any special say. Councilmember Evans commented she thinks what he asked for we now know is still here. She wanted to make sure he is confident about the way this is written, that he is getting what he is asking them to do. They are going to leave in these because we do not want which you said you also do not want . Mr. John Wharton stated not necessarily. That is not his goal . He Dust wants it to be more clear. He does not have any interest in those, but he does not have any interest in excluding them. He has nothing to gain by that, other than excluding them can make the property more appealing to the user. Councilmember Rizzi commented they have already established they can create an avenue for this hotel chain or whatever to have a say. She asked if they have a current instance in the city where that is being done for another business or site. Senior Planner Rudy Esquivias stated the only situation that may be similar in nature that comes to mind is the property at 29th Avenue and Idaho, just north of US 60 . When that little commercial subdivision was created the hotel that went in there, there was a deed restriction saying no other hotel could locate in that REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 25 OF 30 commercial center. The other properties have not developed aside from the gas station and the hotel . The other five or six lots have not been developed and many of the inquiries have come from other hotels, but the property owners could not sell those lots to the other hotels because of that deed restriction. Maybe what Mr. Wharton is talking about is some kind of a deed restriction that gives the first user some kind of right of exclusion. He is not sure . Councilmember Rizzi commented they have already clarified that he has that safety valve, with the way it is currently written and not changing the verbiage. City Attorney Joel Stern stated it is . If he wants the ability to protest if these types of uses come up, he will have that right because this is within 300 feet . Councilmember Rizzi commented he has his safety valve and we have ours the way it is currently written. City Attorney Joel Stern stated he believed so. Mayor Insalaco asked Mr. Wharton if he understood what they were talking about . Mr Wharton stated he does He is just trying to be as clear as he can If this access cannot be made comfortable we are not going to get who he would like to get in there. We are not going to get a hotel that '"` everybody says they want in there. He has heard it from John Q Public, he has heard it from staff, he has heard it from Janine, and everybody seems to want to see this hotel. Their concern, aside from signage, they want the same signage everybody else has, is they want to have access easy in and out . If it is going to be congested it: will not happen. Maybe it will, but he is telling them he does not think it will . Vice Mayor Barker commented she took a six week trip this summer and stayed in many choice motels. They were way -in back with tiny little driveways REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 26 OF 30 Aoftk e'` leading all over. There was a way around all this congestion and they worked fine with it . There was no problem. If you want to stay at the hotel, you go however they tell you to go. Councilmember Serdy commented he was just getting involved in city business in 2005 . This is the same property where the Value Place was going to go. Mayor Insalaco commented it An*. is not . Vice Mayor Barker agreed it is not . There was general discussion on where Value Place was going to go. It was determined it was going to be further north. Councilmember Serdy commented they did not have these concerns because they were not dealing with the Arizona Department of Transportation problem. Councilmember Waldron commented he wanted to read him item number 8 . He thinks it covers all that he is asking for. It states "any request for deviation from the city' s development standards or for uses determined by the zoning administrator to not be conducive to creating commercial, retail, office opportunities shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate". That is part of the ordinance. That is part of the process . Mayor Insalaco asked Rudy to put it up on the overhead so everyone can see it and he can see it himself. There was general discussion as to what agenda item they were still on. Mayor Insalaco commented that should cover what he is talking about . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 27 OF 30 Vice Mayor Barker agreed Mr. John Wharton stated he does not know what to :gay. He is not sure if he should say yes, that he agrees with what that says or not. He probably needs to have some counsel help. He suggested they table this for a while because he does not know how to respond. City Attorney Joel Stern stated someone can make a motion to continue this matter. Make it a date certain so that it does not have to be republished. Vice Mayor Barker asked if that would be both ordinances . City Attorney Joel Stern stated he would recommend both. There was general discussion on the date to continue the item to and whether they needed a work session or just the public hearing. Mayor Insalaco opened the public hearing on the items. There being no one wishing to speak, he closed the public hearing and called for a motion. Vice Mayor Barker MOVED THAT WE CONTINUE THESE ITEMS, ITEMS 11 AND 12, TO TUESDAY, JANUARY 6, 2015 FOR A PUBLIC HEARING. Councilmember Evans SECONDED THE MOTION. City Clerk Kathleen Connelly stated this is on both items 11 and 12 . She asked if they would need a separate motion on these items . City Attorney Joel Stern stated he did not think so It should be fine . VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 28 OF 30 Ambk A+. Mayor Insalaco commented he thinks number 8 will probably help him out. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JANUARY 5, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P. M BE HELD ON TUESDAY, JANUARY 6, 2015, IN THE CITY COUNCIL CHAMBERS . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT ) Mayor Insalaco wished everyone a Happy Hanukah, Happy Holidays, and Merry Christmas . He adjourned the meeting at 8 : 45 p.m. Consent Agenda Items are as follows : REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 29 OF 30 Oak.. oa*.. 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 2, 2014 . 3 . Consideration and action on Resolution No. 14-46, authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Revenue modifying its auditing authority. 4 . Consideration and action on Resolution No. 14-45, allowing the city to continue to collect transaction privilege tax licensing fees . ACCEPTED THIS 6TH DAY OF JANUARY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6TH DAY OF JANUARY, 2015. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and r correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 16th day of December, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 23rd day of December, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 16, 2014 PAGE 30 OF 30 ROLL CALL VOTE NOTES: -k I , Ito ITEM # / MEETING F MOTION BY: U SECONDED BY Y E)S NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON �011NCfLMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 ..Z -•* Agenda Item No 3 File ID: 14-604 Sponsor- John Insalaco Agenda Date: 1/6/2015 Index- In Control: City Council Meeting Proclamation designating January 20, 2015 as Arizona Winter Visitors Day Presentation. Attachments City of Apache Junction,Arizona Page 1 Printed on 1212912014 ARIZONA WINTER VISITORS'DAY JANUARY 20,2015 WHEREAS, the City of Apache Junction, Arizona appreciates the many winter visitors that inhabit our city and surrounding areas for the winter months;and WHEREAS, the merchants and businessmen and women in the area also appreciate the increased revenues from the support and trade of the numerous winter visitors;and WHEREAS, many friendships,romances and close ties are made between the City residents and our beloved winter visitors. NOW, THEREFORE, I, John S Insalaco, Mayor of the City of Apache Junction,Arizona,do hereby proclaim January 20,2015 as ARIZONA WINTER VISITORS'DAY in Apache Junction and do hereby show our support and appreciation for their friendships,economy boost and enhancing our community Signed and attested to this daN of ,2015. JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk r City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 14-605 Sponsor Bryant Powell Agenda Date. 1/6/2015 Index In Control.City Council Meeting City manager's report Presentation Attachments- +r� City of Apache Junction,Arizona Page 1 Printed on 1212912014 PUBLIC HEARING 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR A CAR SHOW ON JANUARY 17,2015. 2. Will CITY CLERK KATHY CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms9) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard . � Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 5 File ID: 14-625 Sponsor Kathy Connelly Agenda Date. 1/6/2015 Index Local/State/Federal Statutory Requirement In Control: City Council Meeting Application for a temporary extension of premises for Elks Lodge#2349 for a car show on January 17, 2015 at 2455 N Apache Trail. Consideration and action. Attachments, City of Apache Junction,Arizona Page 1 Printed on 1212912014 DECEMBER 18, 2014 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GE:ORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JANUARY 6, 2015: APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 An application for an extensior of premises has been submitted by Mr Ralph Henderson of Elks Lodge #2349 for a car show on January 17, 2015 at 2455 N Apache Trail, Apache Junction Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. A� FOR DLLC USE ONLY Arizona Department of Liquor Licenses and Control Date payment received 800 W Washington 5th Floor / Phoenix AZ 85007-2934 www azllquor gov CSR initials (602) 542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT This application must be returned to the Department of Liquor (Notice Allow 30-45 days to process permanent change of premises) ❑ Permanent change of area of service.A NON-REFUNDABLE$50 FEE WILL APPLY.Specific purpose for change. 8 Temporary change for dates) of 01 /17/15 through 01 /17/ 155 List specific purpose for change Seventh Annual Paws 4 Life Car Show 1 Licensee's Name* HENDERSON RALPH SMITH Last First Middle 2 Mailing Address P O BOX 459 APACHE JUNCTION AZ 85117 Street City State Zip 3 Business Name B.P.O. ELKS #2349 License#14110004 4 Business Address. 2455 N. APACHE TRAIL APACHE JUNCTION AZ 85119 Street City State Zip 5 Contact phone (_) 480-250-9382 Business phone. ( ) 480-982-2349 6 Email: cindypierson@live.com 7 Is extension of premises/patio complete? BN/A ❑Yes []No If no,what is your estimated completion date2 8. Do you understand Arizona Liquor Laws and Regulations? ®Yes ❑No 9. Does this extension bring your premises within 300 feet of a church or school? Oyes ENO 10 Have you received approved Liquor Law Training? 03 15 16 EYes ONO If yes,when does your Certificate expire? Date /_/_ 11 What security precautions will be taken to prevent liquor violations in the extended area? APACHE JUNCTION MOUNTED RANGERS 12 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD 11/21/14 Page 1 of 2 Individuals requiring ADA accommodations call (602)542 9027 Area Needed for Gar Show Lost Dutchman Blvd I ut T E*anoe ICU Wendea Am Requested Elks Lodge � 1 ! OD 103 Fenced Pat16 ! ! i ! r Parking for Gars I - - - - - - - - - - -- SecurHy W11 be Posted Where Symbols Are MI Roped Off Area ,.. 111111111. ❑ Barrier Exemption-an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested. Barrier exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premise List specific reasons for exemption. Investigation Recommendation. ❑Approval ❑Disapproval by. Date--J—� OBTAIN APPROVAL FROM LOCAL GOVERNING BODY BEFORE SUBMITTING TO THE DEPARTMENTG After completing the application,please take this application to your local Board of Supervisors, City Council or Designate for their recommendation.This recommendation is not binding on the Department of Liquor This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate (Authorized Signature) (Title) (Agency) Date RALPH SMITH HENDERSON declare that I am the APPLICANT and, under penalty of (Print full name) perjury, making the foregoing application I have read this application and the contents and all statements are "ue, coand co 7ete. 12- (Sign lure) T-1yWposaicD Date Phone# The foregoing instrument was acknowledged before me this or Za k4 Day BEVERLY Ca EDGMON .-, State"NA--- County of Ir4r' ` - 1�� Iv0TA..Rv PuBL'C ARZONA MARCOPA.COUNTY 1� My Commission Expires My Commission Expires on Z ` h Fet)rwary 9 2017 Date Signature blf Notary Public Investigation Recommendation- ❑Approval ❑Disapproval by: Date Director Signature required for Dlsapprovals _ Date 1 1/21/14 Page 2 of 2 Individuals requiring ADA accommodations call (602)542-9027 .1LL ,1 .{ .1 14 .V .li .1 .f a 1/ .!/ .IG �!/ \1/ Ali .IL AIL 71�%ic�I��Ie %I,�1��{Z 7I:7ic,71�71� {c 71\ 71�il(71��Ic?Ic:{. �10 /Ic /{c?I, 71\ _� 7F 1 �IC _7ic Seventh Annu�al Paws 1 71c .i_ Life �1c \C P��Q 50/50 +� LIFE' Car Show %� 7Ic 1 PLEASE BRING DONATION OF DOG, CAT, OR EQUINE FOOD 71c 'Ic FOR FOOD BANK@ Saturday, .January fYth 20f5 'I\ ;�E f0:00am to 2:00pm Benefit Car Show 71c *101 �c MUSK & MC BY WE& & LINDA /c 0 AX r-smmr CO. 7r 1 APACME JUNCr/ON ELKS LODGE "349 uric/ 71� M/OMWAY 88 & LOST DUTCHMAN M{f { -1/ �Ic Raffle Prizes Food Raffle Fazes Al �1f COle Ic too 0 0 P RA 1\ 1 ,1/ q/ 714Z 7{c F PQ Home of the Superstition Mountains 4 N Aoft Decembe4 9, 2014 Ralph Henderson Apache Junction Elks Lodge #2349 P.O. Box 459 Apache Junction, AZ 85117 Dear Mr Henderson Please be advised that your application for a temporary extension of premises for Elks Lodge #2349 for the Paws 4 Life Car Show to be held January 17, 2015, at the Elks Lodge, 2455 N Apache Trail (Highway 88), has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on January 6, 2015, at 7 00 p.m in the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, Kathleen Connelly City Clerk • Voice(480) 982-8002 • FAX (480)982-7018 •TDD(480)983-0095 • www.ajLity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 DECEMBER 9, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY, ADMIN SGT PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 Mr Ralph Henderson has submitted an application for a temporary extension of premises for the Paws 4 Life Car Show to be held on January 17, 2015, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Tuesday, December 16, in order for this item to be placed on the agenda for the City Council meeting of January 6, 2015. Janet Mason From: Dennis Dixon Sent: Tuesday, December 09, 2014 8.28 AM To: Janet Mason Subject: RE Elks extension of premises for car show No issues From: Janet Mason Sent: Tuesday, December 09, 2014 7:48 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; John Suniga Oohn.suniga@sfmd.az.gov) Subject: Elks extension of premises for car show I have received an application for a temporary extension of premises for the Elks Cars 4 Life car show Please have your department recommendation tome no later than Tuesday, December 16 Thanks 1 Janet Mason From: Rudy Esqumas Sent: Tuesday, December 16, 2014 10:21 PM To: Janet Mason Subject: RE: Elks extension of premises for car show Jan: The Planning Division has no objections to this one-time event on the B-1/PD-zoned property Numerous similar events have been held in the past without any problems of which we are aware We recommend that all event day signage be kept within the property Imes and not be placed so as to interfere with vehicular or pedestrian traffic and visibility. Said signs to be removed immediately following the event. We also recommend that all unimproved (dirt) activity areas be watered down before the event. Rudy Esquivias Senior Planner/Zoning Administrator City of Apache Junction 300 E.Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resgwvias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6:OOpm,closed Fridays and Holidays ) From: Janet Mason Sent: Tuesday, December 09, 2014 7:48 AM To: Rudy Esquivias; Dennis Dixon, Jeff Robinson; John Surnga oohn.suniga@sfmd.az.gov) Subject: Elks extension of premises for car show I have received an application for a temporary extension of premises for the Elks Cars 4 Life car show Please have your department recommendation tome no later than Tuesday, December 16 Thanks i Am� 10M. Janet Mason From: Jeff Robinson Sent: Tuesday, December 09,2014 109 PM To: Janet Mason Cc: Troy Mullender;Thomas Kelly Subject: RE Elks extension of premises for car show ,.,,The police department has no objects to the temporary extension of premises if adequate parking is provided to prevent visitors from parking along Highway 88 From: Janet Mason Sent: Tuesday, December 09, 2014 7.48 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; John Suniga Oohn.suniga@sfmd.az.gov) Subject: Elks extension of premises for car show I have received an application for a temporary extension of premises for the Elks Cars 4 Life car show Please have your department recommendation tome no later than Tuesday, December 16 Thanks. i Superstition Fire & Medical District 3700 E 1611 Avenue, Apache Junction, AZ 85119 Phone (480) 982-1299, Fax (480) 982-3268 www.sfmd.az gov MEMORANDUM ^, TO: Janet Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 FROM John Suniga,Deputy Fire Marshal DATE December 9, 2014 SUBJECT Temporary Extension of Premises for Elks Lodge#2349 The Superstition Fire/Medical District has reviewed the submitted documentation for 2455 N Apache Trail as related to event to be held on February 26, 2015 We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event Thank you for your notification on this matter Jos .mftk ATTN Application /okk ROLL CALL VOTE NOTES ix o l ITEM # MEETING OF 1 MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOYS IN FAVOR OPPOSED ABSTAINED TOTAL r .+r. ITEM NO. 5 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR JANUARY 17, 2015, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED (FOR APPROVAL) OR(FOR DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 26,2015. 2. Will CITY CLERK KATHY CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call fora second 9. Roll call vote. /'1 City of Apache Junction, Arizona 300E Superstition Boulevard 1 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 14-626 Sponsor: Kathy Connelly Agenda Date- 1/6/2015 Index- Local/State/Federal Statutory Requirement In Control City Council Meeting Application for a special event liquor license for Elks Lodge#2349 located at 2455 N Apache Trail for Lost Dutchman Days on February 26, 2015 The next step in this process is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action Attachments City of Apache Junction,Arizona Page 1 Printed on 1212912014 DECEMBER 18, 2014 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JANUARY 6, 2015 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS An application for a special event liquor license has been submitted by Mr Ralph Henderson of Elks Lodge #2349 for Lost Dutchman Days on February 26, 2015 at 2455 N. Apache Trail, Apache Junction Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. .�. FOR DLLC USE ONLY Arizona Department of Liquor Licenses and Control Event date(s) 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov Event time start/end (602J 542-5141 I APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25 00 per day for 1-10 days (consecutive) ..Mob., A service fee of$25.00 will be charged for all dishonored checks (A.R.S. §44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of liquor licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or If the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor licenses and Control(see Section 15). SECTION 1 Name of Organization B P O. ELKS #2349 SECTION 2 Non-Profit/IRS Tax Exempt Number 501(c) (8) - B P O E GROUP 1156 SECTION 3 The organization is a. (check one box only) ❑Charitable (501 C) OFraternal (must have regular membership and have been in existence for over five (5)years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? ®Yes ONO B.P.0 ELKS #2349 1411004 480-982-2349 Name of Business License Number Phone(include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spintuous liquors? Please read R-19-318 for explanation (look in special event planning guide) and check one of the following boxes ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ❑Dispense and serve all spirituous liquors under special event (Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event.If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? BOn-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event. B.P O ELKS #2349 Address of Location 2455 N APACHE TRAIL APACHE JUNCTION PINAL A7 85119 Street City County/Stote Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? []Yes @No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director Or Chairperson of the Organization named in Section 1 (Authorizing signature is required in Section 13 ) 1 Applicant. HENDERSON RALPH SMITH 09/12/1948 Last First Middle Date of Birth 2.Applicant's mailing address: 1899 S MORENO ST. APACHE JUNCTION AZ 85120 Street City State Zip 3 Applicant's home/cell phone (48C) 250-9382 Applicant's business phone: (48C) 250-9382 4 Applicant's email address ralphshenderson@hotmail com 10/17/14 Page 1 of 4 individuals requiring ADA accommodations call(602)542-9027 AM%, ^> SECTION 10 1 Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑Yes NNo (if yes,attach explanation) 2 How many special event licenses have been issued to this location this year? (The number cannot exceed 12 events per year exceptions under A R.S §4-203.02(D)) 3 Is the organization using the services of a promoter or other person to manage the event? ❑Yes ®No (If yes attach a copy of the agreement) 4.List all people and organizations who will receive the proceeds. Account for 100% of the proceeds The organization applying must receive 25 of the gross revenues of the special event liquor sales Attach an additional page if necessary Name B.P.O. ELKS #2349 Percentage 100% Address P O BOX 459 APACHE JUNCTION AZ 85117 Street city State Zip Name Percentage Address Street City State Zip 5 Please read A.R.S. §4-203.02 Special event license,rules and RI 9-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE/CRAFT DISTILLERY FESTIVAL LICENSE" 6 What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable) Number of Police 12 Number of Security Personnel ❑Fencing Warriers Explanation- SECTION 11 Date(s) and Hours of Event May not exceed 10 consecutive days. See A R S §4-244(15) and (17) for legal hours of service Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1. 02/26/201 THURSDA 11 :00 am 9:00 pm DAY 2 DAY 3 DAY DAY 5, DAY 6 DAY 7 DAY 8 DAY 9. DAY 10 10/17/14 Page 2 of 4 Individuals requiring ADA accommodations call (602)542 9027 t 1 Area Deeded Lost Dutchman Blvd I E A t t Ent once I I ! i ( p Extended Area Requested Elks Lodge `' - I cD CO 1 I Fenced Poflo ! I ' I € I c � Security Will be Posfed Where Symbols Are FM Roped Off Area — -- -- — — SECTION 13 This section is to be completed only by an Officer, Director or Chairperson of the organization named in Section 1 1V c���'nS o•✓ declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9,to apply on behalf of the foregoing organization for a Special Event Liquor I nse � — \ Z� v / / Z �saC, (Si nature Atle/Position Dat Phone# The foregoing Instrument was acknowledged before me this qr -'> mLt Day Mor th�.�i i>, �t/ERLY G. E GMON StateZr++�tt- County of eke --. ,. NOTARY PUBLIC ARIZONA MARICOPA COUNTY My Commission Expires on 2-"l��i My Commission Expires 9 017 Dote gnature of N ry Public SE ION 14 This section is to be completed only by the applicant named in Section 9 I, A '0 e,j, T/ZiL that I am the APPLICANT filing this application as (Print full name) li ted in ction 9 1 have read the application and the contents and all statements are true, correct and c mplete C� 2 S ure t ./Position Do Phone t< The foregoing instrument was acknowledged before me this �� �eu �✓ 20 Day Month Year r— State County of �^"` jo SEUERLY G EDGM N i IJO-AFiY KE• PUBLIC ARi20 A 14ARICOPA ccunry My Commission Expires on• w ire Date Sig Lure o N t Pu Februa 9 2017 The local governing body may require additional applications to be co eted and submitted. Please check with local government as to how for in advance they require these applications to be submitted Additional licensing fees may also be required before approval may be granted For more information, please contact your local jurisdiction SECTION 15 Local Governing Body Approval Section I recommend ❑APPROVAL ❑ DISAPPROVAL (government official) (Title) on behalf of _ (City,Town County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY — DATE 10/17/14 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027 TO. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL, The B.P.O. ELKS LODGE #2349, license # 1411004 Agrees to suspend there liquor license on 02/26/2015, In the area on the attached diagram for the hours of 11:00am to 9:00pm. .O. Elks Lodge #2349 Lice se nt Ralph Henderson j2 z /ze/ Si PQ A Home of the Superstition Mountains d Decembe4 9, 2014 Ralph Henderson Apache Junction Elks Lodge #2349 P.O. Box 459 Apache Junction, AZ 85117 Dear Mr. Henderson. Please be advised that your application for a Special Event Liquor License for Elks Lodge #2349 for Lost Dutchman Days to be held February 26, 2015, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on January 6, 2015, at 7-00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application Amok If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, Kathleen Connelly City Clerk • Voice(480) 982-8002 • FAX(480)982-7018•TDD(480)983-0095 •www aJcuy net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 DECEMBER 9, 2014 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY, ADMIN. SGT. PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 Mr. Ralph Henderson has submitted an application for a special event liquor license for Lost Dutchman Days to be held on February 26, 2015, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Tuesday, December 16, in order for this item to be placed on the agenda for the City Council meeting of January 6, 2015 Janet Mason From: Dennis Dixon Sent: Thursday, December 18, 2014 843 AM To: Janet Mason Subject: RE department recommendation for Elks Lodge special event for Lost Dutchman Days No objections ... From: Janet Mason Sent: Thursday, December 18, 2014 8:41 AM To: Jeff Robinson; Dennis Dixon Subject: department recommendation for Elks Lodge special event for Lost Dutchman Days I have not received your department recommendation for this event as of this time. It was due yesterday Please send on today so that I can get this on the agenda Kathy will be on vacation next week so I need it today. Thanks for your assistance. i =k, look. Janet Mason From: Rudy Esquivias Sent: Tuesday, December 16, 2014 10.18 PM To: Janet Mason Cc: Larry Kirch Subject: RE. Elks special event liquor license for Lost Dutchman Days irlan: The Planning Division has no objections to this one-time event on the B-1/PD-zoned property Numerous similar events have been held in the past without any problems of which we are aware We recommend that all event day signage be kept within the property lines and not be placed so as to interfere with vehicular or pedestrian traffic and visibility. Said signs to be removed immediately following the event. We also recommend that all unimproved(dirt) activity areas be watered down before the event. AUXV_��q ivica Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7:00am to 6.00pm, closed Fridays and Holidays ) From: Janet Mason Sent: Tuesday, December 09, 2014 7.36 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; John Suniga (John suniga@sfmd.az.gov) ,.,subject: Elks special event liquor license for Lost Dutchman Days I have received a special event liquor license application from the Elks for Lost Dutchman Days. Please have your department recommendation tome no later than Tuesday, December 16 Thanks. i .•lk -Oft, Janet Mason From: Jeff Robinson Sent: Tuesday, December 09, 2014 115 PM To: Janet Mason Cc: Troy Mullender;Thomas Kelly Subject: RE Elks special event liquor license for Lost Dutchman Days The police department has no objections to the Special Event Liquor License scheduled for Thursday February 26,2014 ,•� as adequate security will be provided by the Mounted Rangers. Janet, the Elks Lodge is also scheduled to hold the rodeo dance on Saturday night February 28, 2014. This is not listed on the application but I am not sure it is required as the event is held within the building. From: Janet Mason Sent: Tuesday, December 09, 2014 7.36 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; John Suniga Oohn.suniga@sfmd.az.gov) Subject: Elks special event liquor license for Lost Dutchman Days I have received a special event liquor license application from the Elks for Lost Dutchman Days. Please have your department recommendation to me no later than Tuesday, December 16. Thanks. i Superstition Fire & Medical District 3700 E. 16"'Avenue, Apache Junction, AZ 85119 Phone (480) 982-1299, Fax (480) 982-3268 www.sfmd.az gov ^ MEMORANDUM TO: Janet Mason,Deputy City Cl erk P tY City P of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM John Suniga,Deputy Fire Marshal DATE December 9,2014 SUBJECT Temporary Extension of Premises for Elks Lodge#2349 The Superstition Fire/Medical District has reviewed the submitted documentation for 2455 N. Apache Trail as related to event to be held on January 17, 2015 We would recommend approval of this application based, as always,on good practices for the general safety of all patrons and employees Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event Thank you for your notification on this matter Jos ^ ATTN Application oomwk ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED U S Y COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE#2349 FOR FEBRUARY 26, 2015, SUBMITTED BY RALPH HENDERSON, BE RECOMMENDED (FOR APPROVAL) OR(FOR DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1411, CASE PZ-7-14 A CITY INITIATED REQUEST FOR A PROPOSED REZONING OF A+/-2 ACRE PROPERTY LOCATED AT 1560 W. SUPERSTITION BLVD. FROM RECREATIONAL VEHICLE PARK TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9 Roll call vote ... MK City of Apache Junction, Arizona 300 E Superstition Boulevard ' Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 7 File ID. 14-631 Sponsor. Rudy Esquivias Agenda Date- 1/6/2015 Index. Budgetary Approval not Required In Control City Council Meeting Asm, Presentation, discussion and action on Ordinance No 1411, relating to case PZ-7-14, a city-initiated request for a proposed rezoning of a +/-2-acre property, located at 1560 W Superstition Boulevard, from Recreational Vehicle Park (RVP) to General Commercial District by Planned Development(B-1/PD), for the purpose of correcting the zoning for a future commercial development opportunity Presentation, discussion and action Attachments. City of Apache Junction,Arizona Page 1 Printed on IV2912014 F PeACHF�Gti u y z City of Apache Junction Development Services Department "'' Date- December 22, 2014 To: Honorable Mayor and City Council Members Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director i From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: January 6, 2015, City Council Public Hearing Item: PZ-7-14 (Ordinance #1411) City-Initiated rezoning request for Casa Del Camino MH Park. Background This is a city-initiated corrective rezoning request on behalf of Gayle Chinell, to rezone a 2 0 gross-acre property (Penal County APN 100-30-031) from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial by Planned Development) . The property had been zoned C-3/PD, but was inadvertently rezoned to RVP as part of the Zoning Ordinance update in May of 2014 Known as the Casa Del Camino Mobile Home Park, the property is located on the northeast corner of the intersection of N. Ironwood Drive and W. Superstition Blvd. The purpose of this rezoning request is to re-establish an appropriate palette of uses for this commercial- ly designated corner for a future commercial development opportunity. Planning and Zoning Commission Recommendation On November 25, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) The Commission voted to recommend approval of the rezoning by a vote of 7 to 0, sub3ect to all of Staff' s recommended conditions. There was no public comment on the rezoning request. Proposed Ordinance #1411 reflects the Commission recommendation. City Council Work Session: At the work session on December 15, Council did not have any particular questions about the request Attachments. PZ staff Report from November 25, 2011, with all attachments i► .0. ORDINANCE NO. 1411 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-7-14, A CITY- INITIATED CORRECTIVE REZONING FOR A PROPERTY OWNED BY GAYLE CHINNELL, FROM RECREATIONAL VEHICLE PARK ("RVP") TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ("B-1/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property is a non-conforming property which has been used as a recreational vehicle ("RV") and manufactured homes rental space park since prior to the City adopting its March 1985 Zoning Ordinance, pursuant to Ordinance No. 350; and WHEREAS, pursuant to case PZ-5-02, Ordinance No. 1170, at the request of the previous property owners, Stuart and Georgia Schroeder, the property was conditionally rezoned from General Rural ("GR") to General Commercial District by Planned Develop- ment ("C-3/PD") , to allow for a future commercial development opportunity; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps; and WHEREAS, said new zoning district maps inadvertently rezoned the subject property from a commercial planned develop- ment zoning district back to an RV park zoning district, probably because the existing use was and still is an RV park; and WHEREAS, on or about October 1, 2014, the current property owner approached Development Services staff, indicated that she had a commercial developer interested in the property and wanted to check on the zoning status of the property, at which point it was discovered that the property had been inadvertently rezoned back to RVP; and ORDINANCE NO 1411 PAGE 1 OF 4 A*%,, rftk WHEREAS, on October 28, 2014, the Planning and Zoning Commission directed staff to initiate a corrective rezoning for the property, back to an appropriate commercial planned development zoning district; and WHEREAS, on November 25, 2014, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-7-14 by a vote of 7-0, subject to the conditions recommended by .^ Planning Staff; and WHEREAS, the City Council hereby determines that the proposed rezoning conforms to or will conform to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-5-3, B-1 Non-Residential Use Regulations, and Section 1-4-3, Planned Development ("PD") District, including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as . The West two (2) acres of the South half of the Southwest quarter of the Southwest quarter of the Southwest quarter of Section 17, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (also known as Pinal County Assessor parcel 100-30-031) ; be and hereby is amended from Recreational Vehicle Park ("RVP") to General Commercial District by Planned Development ("B-1/ PD") , subject to the following conditions of approval : 1) The permitted palette of uses for the future development of parcel 100-30-031 shall include. offices, professional/ ORDINANCE NO 1411 PAGE 2 OF 4 i i semi-professional/medical, p essional/medical, eating establishments (drive through types permitted) , deli with incidental beer and wine sales only, florist, electrical appliance store, drug store, grocery store, laundromat, financial services, hardware store, sporting goods store, veterinarian: small animals, pet store, barber or beauty shop, jeweler and any ^ other similar low intensity uses deemed by the Zoning Administrator to be of the same general character, specifically prohibiting residential and civic uses, mortuary/crematory, taxicab stand, and pawn shop 2) Any proposed use, site plan, landscape plan and elevations for any future development on the two acre property for a use not within the palette of uses mentioned in #1 above or for a use which proposes deviations from the city' s standard requirements shall be subject to a Planned Development Major Amendment, pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-4-3 Planned Development Zoning District, requiring public hearings before the Planning and Zoning Commission and City Council 3) Any redevelopment on the site shall require the developers to dedicate and improve to the City Engineer' s standards any necessary right of ways internal and external to the site. Said improvements may include but not necessarily be limited to the provision of curbs, gutters, sidewalks, driveways, streetlights, retention basins, etc. 4) Any use or development of said property may be conditioned upon the provision of public improvements, a decorative masonry perimeter wall and landscaping in accordance with the provisions of the city' s landscape and screening requirements and amendments thereto. The provisions of the Uniform Building Code and all other city codes, policies, guides, standards shall apply and control all design and construction of improvements. 5) Any future developers shall pay all applicable development fees prior to the issuance of building permits. 6) All construction shall be done in compliance with all applicable codes and ordinances, including the City of ORDINANCE NO. 1411 PAGE 3 OF 4 Apache Junction Zoning Ordinance, the Uniform Building Code and the Uniform Fire Code (including but not limited to, the provision of sufficient fire apparatus access roads the marking of fire lanes and the provision of adequate water supplies, sprinkler systems and fire hydrants) . SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1411 PAGE 4 OF 4 City of Apache Junction Development Services Department Planning& Zoning—Building & Safety—Revenue Development .-, PLANNING AND ZONING COMMISSION Public Hearing STAFF REPORT DATE: November 25, 2014 CASE NUMBER: PZ-7-14 APPLICANTS/OWNERS: Gayle Chinell REPRESENTATIVES: Gayle Chinell and Leon Shank REQUEST: City-initiated corrective rezoning from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial District by Planned Development) for a property which was inadvertently down-zoned with the adoption of new City zoning maps. LOCATION: The Casa Del Camino MH Park, totaling approximately 2 acres, is located at the Northeast corner of North Ironwood Dr. and West Superstition Blvd. GENERAL PLAN/ ZONING DESIGNATION: Community Commercial opportunity area; presently zoned RVP. SURROUNDING USES: North: Single-family homes (zoned RS-20M, Medium Density Single-family Detached Residential) ; South: Vacant land (zoned B-1/PD) ; East: Single-family homes (zoned RS-20M) ; West: Ironwood Self Storage (zoned B-1 and B-1/PD) . .+. -� PZ-7-14 (City-initiated/Chinell) PAGE 2 OF 6 BACKGROUND Sometime around 2000 or 2001, the City constructed street ^ improvements along N. Ironwood Drive, including at the intersection of Ironwood and Superstition. The improvements required the relocation. of a fence and the relocation and/or removal of a couple of RV or MH units which were along the west side of the Casa Del Camino Mobile Home Park. This caused some inconvenience to the previous owners (Stuart and Georgia Schroeder) and residents of the property. As a gesture of good will, City staff offered to support the Schroeders in a rezoning of the property for a future commercial use; thus raising the value of the property, and allowing the owners to continue the operation of the rental space park until a commercial develop- ment opportunity presented itself. In January of 2003 , pursuant to case PZ-5-02, Ordinance No. 1170, the Casa Del Camino property was rezoned from GR (General Rural) to C-3/PD (General Commercial by Planned Development) . The rezoning of the property, without an actual commercial development plan, but with a palette of future uses, was something that was worked out between the City and the Schroeders . This planned development rezoning allowed the 2 . 0- gross acre property to be positioned for future commercial development. In the ordinance there are several stipulations of approval. Most notably, Stipulation #1, which stipulates the future commercial uses of the property. ^ Eventually the property was sold and acquired by the current owner, Gayle Chinell. Last May, with the adoption of the city' s new zoning ordinance and maps, the subject property was inadvertently rezoned from B-1/PD (General Commercial District by Planned Development, formerly known as C-3/PD) to RVP (Recreational Vehicle Park) . Within the last couple of months, Ms. Chinell came into Development Services, saying that she had a commercial developer interested in the property. That is when Staff noticed that the property had been accidentally rezoned back to RVP (probably because of the existing use) . Staff offered to process a City-initiated rezoning; and on October 28, the Commission gave direction to staff to proceed. ,r. Aaw PZ-7-14 (City-initiated/Chinell) PAGE 3 OF 6 PROPOSAL This is a city initiated request on behalf of Gayle Chinell to rezone a 2. 0 gross-acre property (final County APN 100-30-031) from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial by Planned Development) . Known as the Casa Del Camino-East Mobile Home Park, the property is located on the Northeast corner of the intersection of Ironwood Drive and Superstition Blvd. The purpose of this rezoning request is to re-establish an appropriate palette of uses for this commercially designated corner for a future commercial development opportunity. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The General Plan designates the subject site Community Commercial . Excluding the adjacent corners of the Ironwood Drive and Superstition Boulevard intersection (also designated Community Commercial) , properties within a IX mile radius of the site are designated Medium Density Single-Family Detached Residential (RS-20M) with lot sizes of 20, 000 sf . The rezoning is in compliance with the General Plan. Zoning/Site Context: The proposed B-1/PD zoning is compatible with the commercial "` uses to the west, and south of the site. With proper land use controls such as landscape, screening and setback buffers; and by limiting the palette of uses on the site under the planned development zoning, a compatible commercial development site can be reasonably integrated at this location, next to the residential development. Planned Development Zoning: The uses which are stated in Ordinance 1170 include: offices (professional/semi-professional/medical) , eating establishments (drive through types permitted) , deli with incidental beer and wine sales only, florist, electrical appliance store, drug store, grocery store, convenience store with gas sales and dispensing, laundromat, financial services, hardware store, sporting goods store, veterinarian (small animals) , pet store, .�. barber or beauty shop, jeweler and any other similar low intensity uses deemed by the Zoning Administrator to be of the PZ-7-14 (City-initiated/Chinell) PAGE 4 OF 6 same general character; specifically prohibiting residential and civic uses, mortuary/crematory, taxicab stand, and pawn shop. ^ Because this rezoning request proposes a palette of uses for this corner, but not a development plan, any future developer of this property must comply with our current development guidelines. If a future developer would want to deviate from the current guidelines or request different more intense uses, then the developer would need to request a Planned Development Amendment from City Council upon recommendation of the Commission prior to the approval of any development plan or building permits. At this time the Commission also has the option to discuss the future aesthetic qualities of any proposed development. Infrastructure Improvements: Any redevelopment on the site shall require the developers to dedicate and improve to the City Engineer' s standards any necessary right of ways internal and external to the site. Said improvements may include but not necessarily be limited to the provision of curbs, gutters, sidewalks, driveways, streetlights, retention basins, extension of utility services including sewer, etc. Public Input: At this time staff has had no public input on the case. ^ Planning and Zoning Commission Work Session At the work session on November 12, the Commissioners had no comments or concerns about the case. Planning Division Recommendation Planning Staff offers the following Recommended Motion, along with a few recommended conditions of approval to re-establish the commercial planned development zoning on the property as it was previously, should the Commission wish to forward a recommendation of approval to the City Council. PZ-7-14 (City-initiated/chinell) PAGE 5 OF 6 RECOMMENDED MOTION ,... I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-7-14, a city initiated rezoning request on behalf of Gayle Chinell and Leon Shank, for a rezoning of their 2 . 0-acre property from RVP (Recreational Vehicle Park) to B-I/PD (General Commercial by Planned Development) , subject to the following conditions of approval: 1. ) The permitted palette of uses for the future development of parcel 100-30-031 shall include: offices, professional/semi professional/medical, eating establishments (drive through types permitted) , deli with incidental beer and wine sales only, florist, electrical appliance store, drug store, grocery store, laundromat, financial services, hardware store, sporting goods store, veterinarian: small animals, pet store, barber or beauty shop, jeweler and any other similar low intensity uses deemed by the Zoning Administrator to be of the same general character, specifically prohibiting residential and civic uses, mortuary/crematory, taxicab stand, and pawn shop. 2 . ) Any proposed use, site plan, landscape plan and .► elevations for any future development on the two acre property for a use not within the palette of uses mentioned in #1 above or for a use which proposes deviations from the city's standard requirements shall be subject to a Planned Development Major Amendment, pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-4-3 Planned Development Zoning District, requiring public hearings before the Planning and Zoning Commission and City Council. 3 . ) Any redevelopment on the site shall require the developers to dedicate and improve to the City Engineer' s standards any necessary right of ways internal and external to the site. Said improvements may include but not necessarily be limited to the provision of curbs, ,.� .-. PZ-7-14 (City-initiated/Chinell) PAGE 6 OF 6 gutters, sidewalks, driveways, streetlights, retention basins, etc. 4 . ) Any use or development of said property may be conditioned upon the provision of public improvements, a decorative masonry perimeter wall and landscaping in accordance with the provisions of the city' s landscape and screening requirements and amendments thereto. The provisions of the Uniform Building Code and all other city codes, policies, guides, standards shall apply and control all design and construction of improvements. 5 . ) Any future developers shall pay all applicable development fees prior to the issuance of building permits . 6 . ) All construction shall be done in compliance with all applicable codes and ordinances, including the City of Apache Junction Zoning Ordinance, the Uniform Building Code and the Uniform Fire Code (including but not limited to, the provision of sufficient fire apparatus access roads the marking of fire lanes and the provision of adequate water supplies, sprinkler systems and fire ^ hydrants) . 14 Prepared by Kevin Koelbel Planning Intern Attachments- Exhibit 01 - Vicinity and Zoning Map Exhibit #2 - Aerial image of property Exhibit #3 - Site plan map for Casa Del Camino MH Park Exhibit #4 - Ordinance No 1170 PZ=7-14 CITY INITIATED REZONING REQUEST FOM RVP (RECREA`I,IONAL VEHICLE PARK) TO B-I/PD (GENERAL BUSINESS BY PLANNED DEVELOPML•'N1) ROUNDUP ST 185' 165' o„ 165' t85' 110' 9v S9 G 165' 1 w 155' 166' 22B � 85A O 5fi 46 O O © 21J 438 43A 248 O � i8S t65 166' 165' GREASEWOOD ST v v O3D0 30C 298 28A RM 2/Pll i32' 132 132' 31 3z O O RSJGR 6w SUPERSTMON ST SUB'IECI'SITE - ALL PROPERTIES ABOVE ARE ZONED RS-20M UNLESS OTHERWISE NOTED. .r u� r-77,`" 1 .. 1 �'f • I �♦ I 1 I `i ----------- slot I I I I Isla 1 � t� sir•� �,,, � 4 ifl' Q I Aft. USA DEL. CAMINO M0151LE HOME. PARK MH Width 14'+Cal'9'+Pad s=24'+S(on sides)a 34' RV VAdth 12'+Ca!V+Pad V-27'+V(On sides).3W L s PON 3' , Sir q 2' 36-- �►� in 3 lie 3' O f VSi l �• ---- r� s — AN Bich _. Y aj Y --- O N 0 yam!_ _ !O�Mta �. ._ - -- •-M s RV-ReOWOMW VGWClc/MH-MOM MMO/PIOa Park model CITY LAYOUT 7/15/M2 AMP.VA 1 ORDINANCE NO. 1170 AN ORDINANCE'OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA. AMENDING THE APACHE JUNCTION. ARIZONA. ZONING ORDINANCE. BY AMENDING THE ZONING DISTRICT MAP CITY OF APACHE JUNCTION. ARIZONA CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-5-02 FROM GR (GENERAL RURAL) TO C-3/PO (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT). REPEALING ANY CONFLICTING PROVISIONS. AND PROVIDING FOR SEVERABILITY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA THAT: SECTION I: IN GENERAL The zoning district classification on the Zoning District Map. City of Apache Junction. Arizona. for the parcel of land legally described as The West Two (2) acres of the South half of the Southwest quarter of the Southwest quarter of the Southwest quarter of Section 17 Township 1 North, Range B East of the Gila and Salt River Base and Meridian. Pinal County. Arizona. be and hereby is amended from GR (General Rural) to C-3/PD (General Commercial by Planned Development). subject to the following stipulations. 1) The permitted palate of uses for the future development of Pinal County APN 100-30-031 shall include: offices (professional/semi- profession/medical). eating establishments (drive through types permitted) . deli with incidental beer and wine sales only. florist, electrical appliance store. drug store. grocery store. convenience store with gas sales and dispensing iaundromat. financial services. hardware store. sporting goods store, veterinarian (small animals) . pet store. barber or beauty shop, jeweler and any other similar low intensity uses deemed by the Zoning Administrator to be of the same general character specifically prohibiting residential and civic uses mortuary/crematory. taxicab stand. and pawn shop ORDINANCE NO 1170 PAGE I of 3 Ada. ... l 2) Any proposed use, site plan landscape plan and elevations for any future development on the two acre property shall be subject to a Planned Development Major Amendment. pursuant to the Apache Junction City Code. Volume II . Land Development Code. Chapter 1. Zoning Ordinance, Article 19. Planned Development Zoning District, requiring public hearings before the Planning and ,,•. Zoning Commission and City Council 3) Any redevelopment on the site shall require the developers to dedicate and improve to the City Engineer s standards any necessary right-of-ways internal and external to the site Said improvements may include, but not necessarily be limited to. the provision of curbs gutters. sidewalks. driveways streetlights, retention basins. etc. A) Any use or development of said property may be conditioned upon the provision of public improvements. a decorative masonry perimeter wall and landscaping in accordance with the provisions of the landscaping and screening requirements set forth in the Land Development Code The provisions of the Uniform Building Code and all other City codes policies. guides. and standards shall apply and control all design and construction of improvements 5) Any future developers shall pay all applicable development fees prior to the issuance of building permits 6) All construction shall be done in compliance with all applicable codes and ordinances. including the City of Apache Junction Zoning Ordinance, the Uniform Building Code and the Uniform fire Code (including but not limited to. the provision of sufficient fire apparatus access roads, the marking of fire lanes, and the provision of adequate water supplies sprinkler systems and fire hydrants) SECTION II. REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed ORDINANCE NO 1170 PAGE 2 of 3 SECTION III: PROVIDING FOR SEVERABILITY If any section. subsection sentence. phrase. clause or portion of this Ordinance. or any part of the Code adopted herein by reference. is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction. such decision shall not affect the ^ validity of the remaining portions thereof PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA, THIS 21ST DAY OF JANUARY . 2002. SIGNED AND ATTESTED TO THIS 1 1sT DAY OF JANU ARY 2002 DOUGLAS CI MAN Mayor ATTEST KATHLEEN CONNELLY 7- City Clerk APPROVED AS TO FORM- .00� /-/'703 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1170 PAGE 3of3 i ROLL CALL VOTE NOTES: I i ITEM # MEETING OF V MOTION BY: SECONDED BY: --FYES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI CE 646-TLMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: i ITEM # MEETING OF MOTION BY: SECONDED BY: ES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON VICE MAYOR BARKER Cbma,KlM$€ �"SERw1- COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /'o*, ITEM NO. 7 I MOVE THAT ORDINANCE NO. 1411 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1411 by title only Majonty vote required.) I MOVE THAT ORDINANCE NO. 1411,AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1411, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS- PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1412, CASE PZ-6-14, FOR APPROVAL OF A PLANNED DEVELOPMENT MAJOR AMENDMENT, PROPOSING TO CHANGE THE PLAN OF DEVELOPMENT FOR A GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT AT THE NORTHWEST CORNER OF S. IRONWOOD AND W. BASELINE DRIVE. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council9 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll C"111 vote. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 a Agenda Item No.8. File ID: 14-630 Sponsor. Rudy Esquivias Agenda Date 1/6/2015 Index. Budgetary Approval not Required In Control City Council Meeting Presentation, discussion and action on Ordinance No 1412, relating to case PZ-6-14, a request by A T Meridian Real Estate, represented by Randolph Carter and Grant Taynen, for approval of a planned development major amendment, proposing to change the plan of development for a General Commercial District by Planned Development(B-1/PD)zoned, 2 66-acre property, located at the northwest corner area of S Ironwood Drive and W Baseline Avenue Oust north of the gas station/convenience store), from an 80-room hotel site to a +/-20,000-square-foot office and retail strip center site Presentation, discussion and action. Attachments City of Apache Junction,Arizona Page 1 Printed on 12/2912014 q City of Apache Junction z Development Services Department Date. December 22, 2014 To- Honorable Mayor and City Council Members Through. Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From* Rudy Esquivias, Senior Planner/Zoning Admin Subject, January 6, 2015, City Council Public Hearin Item• PZ-6-14 (Ordinance #1412) A.T. Meridian Real Estate Rezoning Request Background The property owners, represented by Randy Carter and Grant Tayrien, are proposing to amend the plan of development for their B-1/PD (General Commercial District by Planned Development) -zoned, 2 66-acre property, located just north of the northwest corner of S. Ironwood Drive and W. Baseline Avenue from an approved plan for a 31-foot-high, 80 room motel site, to a strip commercial development site. The proposal seeks to provide a commercial, retail and employment multi- tenant strip center on the previously undeveloped property. Planning and Zoning Commission Recommendation On November 25, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) The Commission voted to recommend approval of the planned development amendment by a vote of 7 to 0, subject to all of Staff' s recommended conditions. A couple of residents from the Desert Harbor MH Park spoke on the request and expressed concerns about intensity and height, and further discussed their concerns with the applicants after the meeting Proposed Ordinance #1412 reflects the Commission recommendation. City Council Work Session- At their work session on December 15, Council members had questions about deliveries to the property (all out in front of the buildings) ; assurances that the project will be constructed (Mr Tayrien will address this) ; and property access questions (Giao Pham spoke to this issue and a traffic study is also being conducted) . Attached Proposed Ord. #1412, PZ-6-14 PZ Staff Report and Exhibits ORDINANCE NO 1412 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-6-14, FOR A 2 . 66- ACRE, GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ("B-1/PD") -ZONED PROPERTY, ORIGINALLY APPROVED BY ORDINANCE NO. 995, AND LOCATED AT THE NORTHWEST CORNER AREA OF S. IRONWOOD DRIVE AND W. BASELINE AVENUE, BY AMENDING THE DEVELOPMENT PLAN FOR THE PROPERTY, ALLOWING THE REMAINING UNDEVELOPED PORTION OF THE PROPERTY TO BE DEVELOPED WITH A STRIP COMMERCIAL/OFFICE/RETAIL CENTER INSTEAD OF AN 80-ROOM MOTEL; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on May 20, 1997, the Mayor and City Council passed Ordinance No. 995, allowing the subject site to be developed with a restaurant and motel; and WHEREAS, on October 6, 1998, the Mayor and City Council passed Ordinance No. 1062, amending the allowable uses at the subject site for a fueling station, convenience store and a motel; and WHEREAS, the fueling station and convenience store were constructed on the property, but the motel was not; and WHEREAS, on or about October 9, 2014, a new planned development amendment application was received, proposing to amend the development plan for the undeveloped portion of the property for a strip center development instead of a motel, and WHEREAS, on November 25, 2014, the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of planned development amendment case PZ-6-14, subject to conditions. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL The planned development plan, for the parcel of land legally described as- ORDINANCE NO. 1412 PAGE 1 OF 5 Parcel 1• That portion of the Southeast quarter of the Southeast quarter of Section 31, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; COMMENCING at the Southeast corner of Section 31; THENCE South 89045130" West along the South line of said Section 31, a distance of 50 feet; THENCE North 00*16126" West, a distance of 50 feet to a point on the Northerly line of parcel conveyed to Pinal County Highway Department in Docket 1742 Page 650, records of Pinal County, Arizona, said point being the POINT OF BEGINNING; THENCE South 89°45130" West along said Northerly line, a distance of 377 . 81 feet; THENCE departing from said Northerly line, North 00°16' 28" West, a distance of 579 30 feet; THENCE North 89045130" East, a distance of 377 . 80 feet to a point on the Westerly line of parcel conveyed to County of Pinal in Docket 1160 Page 753, records of Pinal County, Arizona; THENCE South 00016' 26" East along said Westerly line, a distance of 579. 30 feet to the POINT OF BEGINNING; EXCEPT the South 241 feet thereof, and EXCEPT the East 35 feet thereof; and EXCEPT all coal and other minerals as reserved in the Patent from the United States of America Parcel 2 . An easement for drainage of surface run- off, ingress, egress, signage, monumentation, land- scaping and irrigation as created by Instrument recorded in Fee No. 2000-023688, records of Pinal County, Arizona. (Also known as Pinal County Assessor parcel 102-19- 007D) . be and hereby is amended to allow for the development of a commercial/office/retail strip center instead of a motel, sub3ect to the following conditions of approval: 1) The property owners shall dedicate and improve any necessary rights-of-way on S. Ironwood Drive, as required by the City Engineer, in accordance with the city' s Engineering Guidelines and in accordance with any traffic study recommendations made for the property ORDINANCE NO 1412 PAGE 2 OF 5 2) The retail/office buildings and the commercial pads shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan, conceptual elevations and landscape plans, and proposed access configuration. 3) Future uses on the B-1/PD-zoned property shall include those uses normally allowed under the B-1 base zone, except for the following uses: pawn shop, tattoo and/or piercing establishment, storage businesses of any kind, taxi or shuttle business, convenience store, rescue mission, soup kitchen or homeless shelter, second-hand stores, used auto sales, auto or motorcycle repair shops, medical marijuana uses, or other uses determined by the Zoning Administrator to be incompatible with a retail/commercial/office strip center 4) The future monument sign shall complement the archi- tecture of the buildings, including style, color and materials, and shall be subject to Planning Staff review and approval 5) All businesses proposing to locate on the property shall be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements. Any future building shall incorporate similar or compatible architectural styling as the buildings on the west side of the property Requested deviations from the provisions of this ordinance or B-1 zone standards shall require a separate Planned Development amendment process 6) A separate commercial subdivision process shall be required should the developer desire to create units for individual sale after rezoning. It is the responsibility of the developer to develop the property with the appropriate infrastructure ORDINANCE NO 1412 PAGE 3 OF 5 facilities for a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer' s expense. 7) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances, except as otherwise conditioned herein. 8) The off-site retention basin will be allowed because of the history of this specific PD site and the way existing improvements have been constructed on the property. The off-site basin represents a deviation from the city' s Engineering Guidelines, Section 10- 4-2 Stormwater Standards. 9) The developer' s Civil Engineer, on the final improvement plans, shall demonstrate that there is adequate retention on the gas station parcel to accommodate the new development site; or that adequate retention will be provided between both parcels to handle both development sites 10) The developers shall have drafted a new shared retention, drainage, cross access and maintenance agreement, to be agreed upon and executed between the two property owners of the PD site, to include specifically described retention basin areas and to be reviewed and approved by the Development Services Engineer prior to recordation. SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY. If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by ORDINANCE NO. 1412 PAGE 4 OF 5 reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF , 2015. JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO 1412 PAGE 5 OF 5 City of Apache Junction Development Services Department Planning& Zoning—Building &Safety— Revenue Development PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT .ft� DATE: November 25, 2014 CASE NUMBER: PZ-6-14 APPLICANT/OWNER: A.T. Meridian Real Estate REPRESENTATIVES: Randy Carter and Grant Tayrien REQUEST: Proposed Planned Development major amend- ment to change the plan of development for a 2 . 66-acre property, from a 3-story hotel :site to a 1-story, +/-18, 000 square-foot office and retail strip center site. LOCATION: Z'he property is located at the northwest corner area of S. Ironwood Drive and W. Baseline Avenue, just north of the gas station/convenience store. GENERAL PLAN/ ZONING DESIGNATION: Community Commercial opportunity area; the property is currently zoned (and is proposed to remain zoned) B-1/PD (General Commercial District by Planned Development) . SURROUNDING USES: North: Desert Harbor MH Park (Zoned MHP, Manufactured Home Park) South: Gas station/convenience store (Zoned B-1/PD) East: Apache Creek Golf Course (Zoned RS- 20, Medium Density Single-family Detached Residential) Wiest: Desert Harbor MH Park (zoned MHP) 300 E.Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(490)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 2 OF 7 BACKGROUND Pursuant to case PZ-23-96, Ordinance No. 995, the subject property was originally rezoned from TH (Trailer Homesites Zone) to C-3/PD (General Commercial District by Planned Development) back in 1997. The rezoning included the property immediately south of the site (where the gas station is now) and the original planned development plan called for a restaurant pad at the corner and a motel site to the north of the restaurant (see Ord. #995 and original PD concept plan attached) . Then, pursuant to case PZ-19-98, Ordinance No. 1062, a planned development major amendment was approved for the site wherein the proposed restaurant pad was replaced with a plan for the convenience store and gas station that exists there today, but the concept plan for the 31-foot-high motel site remained unchanged (see Ord. #1062 and existing PD concept plan for the property attached) . Both previous concept plans showed that the retention area for the motel site was to be located to the west of the gas station, but was supposed to be part of the motel property—kind of a flag lot type of design. Years went by and eventually the south part of the property was split off from the north 2.66 acres and sold, including the part of the property which was/is the retention area for the proposed motel . A shared retention, drainage and cross access agreement was drafted and executed between the owners on this matter. ._ The last development proposal for the subject site was in 2008, case PZ-3-08 . Quik Trip had proposed to build one of their gas station/convenience stores on the property, right next to the existing gas station/convenience store. The PD major amendment request was ultimately denied by the City Council. The latest update on this property is that under the city' s new zoning ordinance and maps, the old "C-3" zoning district is now called "B-1" . So, the zoning on the subject site is now B-1/PD, but the zoning conditions and concept plan for the site are still those approved under Ordinance No. 1062 . CURRENT PROPOSAL A.T. Meridian Real Estate is proposing to amend the plan of development for the 2. 66-acre property currently conceptually planned for a motel. Please see their project narrative and concept plans for a strip center type of development to include : 300 E.Superstition Boulevard • Apache Junction,AZ 85119 - Ph-(480)474-5083 - Fax(480)982-7010 PZ-6-14 (AT Meridian/canter/Tayrien) PAGE 3 OF 7 two retail or office buildings, 5, 589 scpaare feet and 10,257 square feet in size; and two fast food, coffee or restaurant pads, each at about 2, 500 square feet in size--all together, almost 21, 000 square feet of new retail, office and commercial space. They have also submitted conceptual elevations, floor plans, landscape plan and rendering of the retail/office -- buildings . The development plan proposes to continue using the off-site drainage and retention area, and to establish and start using the cross access easement to and from the gas station property to the south. The applicants have been advised that said drainage, retention and cross access easement will eventually need to be updated to reflect the final detailed build-out of the property. The landscape plan proposes lush and extensive buffering to the adjacent residential development to the north and west, as well as to create a nice and attractive street:scape. Overall the intensity of development on the property is probably going to be less than a 30-foot-high, 80 room motel. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The properties at the northwest corner of Ironwood and Baseline are designated Community Commercial. The MH park which adjoins the property to the north and west is designated High Density Residential; while properties to the east and south (State Trust Land) are designated Master Planned Community. A commercial opportunity area at this intersection, particularly with its high volume of commuter traffic, appears to be logical and serves a community need. The General Plan designation, the existing zoning and the proposed uses are all in sync with each other. Zoning/Site Context: The 2. 66-acre property is currently zoned B-1/PD, under the city' s newly adopted zoning ordinance, as mentioned in the background information. The site is bordered on the north and west with a residential use whose population fluctuates seasonally with the winter visitors . Eventually, in the Master Planned Community areas, a wide variety of residential, commercial, mixed use, open space and other uses will be developed. The proposed uses on the property are compatible with existing and future planned uses. 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph,(480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT MeridianfcarterJTayrien) PAGE 4 OF 7 Planned Development Request: The conceptual planned development plans are attached for the Commission' s review. The applicants are not asking for any planned development deviations from standard zoning or development requirements, with the possible exception regarding the off-site retention area. The city' s Engineering Guidelines normally require that commercial development sites contain their own retention basin. Because of the former plans and the history of development for this site, what has resulted is an off-site retention basin. The project engineer has informed staff that the retention basin is adequate to serve the subject property and that very little of the run-off generated by the gas station actually goes into the west retention basin. He contends that most of the gas station run-off goes into the landscape areas to the east and south sides of the gas station. As part of the final improvement plans, the project engineer will need to show that is the case, or else some retention may need to be designed on the site of the strip center. Staff will draft a condition to that effect. Street Improvements: The developers of the property will need to comply with the city' s standards for off-site improvements and access . Many of the improvements have already been constructed on Ironwood, but modifications may need to be made (for example, a deceleration lane) . Additionally, the applicants will need to coordinate with the City Engineer on a possible traffic or access study to determine safe access in and out of the property. Detailed engineering will come later at the time of the improvement plans submittal. The main access to the site will be from Ironwood, but as stated earlier, the property will also benefit from cross access across the property to the south. Public Input: Please see the developer's public participation plan attached. At the Commission' s public hearing on November 25, staff will present the summary of comments received from interested citizens on the proposed plans, if any. PLANNING AND ZONING COMMISSION WORK SESSION At their work session on November 11, the Commissioners seemed pleased with the proposed new development plan for the property. One concern expressed was regarding the possibility of east bound traffic on Baseline backing up from people wanting access to the site through the gas station's Baseline driveway, especially since there is no turn lane at that location. 300 E.Superstition Boulevard • Apache Junction,AZ 85119 & Ph.(480)474-5083 • Fax(480)482-7010 PZ-6-14 (AT Meridian/carter/Tayrien) PAGE 5 OF 7 Planning Staff spoke to the City Engineer about this issue. The City engineer commented that the issue of access and circulation and what improvements and controls should accompany the development proposal will be revealed in the traffic study that the applicants are being asked to conduct. At this point, it may be premature to ask for controls that: ultimately may not prove effective. However, he also commented that if needed, there may be space within the existing right of way on Baseline to accommodate wider lames or possibly a turn lane. PLANNING DIVISION RECOMKENDATION Staff generally supports the new PD plan proposal by A.T. Meridian for the subject property. We believe it is a good, quality infill project and will serve a neighborhood and community need. Staff offers the following recommended conditions of approval for the Commission' s consideration. RECOMMENDED MOTI014 I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENTAL) of case PZ-6- 14, a Planned Development Major Amendment request by A.T. Meridian Real Estate, represented by Randolph Carter and Grant Tayrien, proposing to change the plan of development for their 2 .66-acre, B-1/PD (General Commercial District by Planned Development) zoned property, located at the northwest corner area of W. Baseline Avenue and S . Ironwood Drive, from a motel site to a retail/commercial strip retail development, subject to the following conditions of approval: 1) The property owners shall dedicate? and improve any necessary rights-of-way on S. Ironwood Drive, as required by the City Engineer, in accordance with the city' s Engineering Guidelines and in accordance with any traffic study recommendations made for the: property. 2) The retail/office buildings and the commercial pads shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan, conceptual elevations and landscape plans, and proposed access configuration. 300 E.Superstition Boulevard -Apache Junction, AZ 85119 - Ph•(480)474-5083 , Fax(480)982-7010 Aa.. Awl PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 6 OF 7 3) Future uses on the B-1/PD-zoned property shall include those uses normally allowed under the B-1 base zone, except for the following uses: pawn shop, tattoo and/or piercing establishment, storage businesses of any kind, taxi or shuttle business, convenience store, rescue AOMN mission, soup kitchen or homeless shelter, second-hand stores, used auto sales, auto or motorcycle repair shops, medical marijuana uses, or other uses determined by the Zoning Administrator to be incompatible with a retail/commercial/office strip center. 4) The future monument sign shall complement the archi- tecture of the buildings, including style, color and materials, and shall be subject to Planning Staff review and approval. 5) All businesses proposing to locate on the property shall be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements. Any future building shall incorporate similar or compatible architectural styling as the buildings on the west side of the property. Requested deviations from the provi- sions of this ordinance or B-1 zone standards shall require a separate Planned Development amendment process . 6) A separate commercial subdivision process shall be oulk required should the developer desire to create units for individual sale after rezoning. It is the responsibility of the developer to develop the property with the appropriate infrastructure facilities for a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer's expense. 7) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances, except as otherwise conditioned herein. 8) The off-site retention basin will be allowed because of the history of this specific PD site and the way existing improvements have been constructed on the property. The off-site basin represents a deviation from the city's 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph-(480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 7 OF 7 Engineering Guidelines, Section 10-4-2 Stormwater Standards. 9) The developer' s Civil Engineer, on the final improvement plans, shall demonstrate that there is adequate retention on the gas station parcel to accommodate the new •� development site, or that adequate retention will be provided between both parcels to handle both development sites. 10) The developers shall have drafted a new shared retention, drainage, cross access and maintenance agreement, to be agreed upon and executed between the two property owners of the PD site, to include specifically described retention basin areas and to be reviewed and approved by the Development Services Engineer prior to recordation. t Prepare Rupy Esquivias Senior tnnetZoning Administrator Attachments. Ammok` Exhibit #1 - PZ-6-14 Application Exhibit #2 - Project Narrative and Public Participation Plan Exhibit #3 - PZ-6-14 vicinity Map and Aerial Map Exhibit #4 - Ordinance #995 - Original Rezoning and PD Concept Plan Exhibit #5 - Ordinance #1062 - 19t PD Amendment and Revised PD Plan Exhibit #6 Proposed Elevation Rendering and Color Chart Exhibit #7 - Proposed Site Plans, Landscape Plan, Floor Plans and Elevation Drawings 300 E.Superstition Boulevard -Apache Junction,AZ 85119 - Ph.(480)474-5083 , Fax(480)982-7010 EXHIBIT A: Planning and Zoning Application Form Of a ust Only. Flung Date Staff Fees Rocelved Case TYPE OF APPLICATION _Annexation ,_,_,Abandonment(Plat/Easement/ROWJ) Board ofAdjustment —Cargo Container Permit Certificate of Legal Nonco iformity `Conditional Use Permit Development Agreement _Development Plan Review General Plan Amendment _LotSpths,Joins&Adjustments _OrdianceTextAmendment %IannedDevelopment ff4 eif4-r Prellminary/Final Plat Preliminary Development Review _,Sign Permit SPectsl Use Permit _Temporary Use Permits Zoning Map Amendment Other SITE INFORMATION SITE ADDRESS/LOCATION 3rl r92 r..►',1MC&I >Mt§2, ASSESSORS PARCEL NUMBER j D2.-(a tW'TP GROSS AREA: !9-.rQ n}v" NET AREA 0.ra AQ EXISTING ZONING G 3 b BRIEF DESCRIPTION OF THE PROPOSED REQUEST: iW+A.( P,�uLI-bcetEl p• tOt25'j S� t�u1W{Nta � (2� Z��Iv Uf= v rj t1.t71N�S f�l3ct�sJt7ttJrr3 ,s, kjly oeJeupfflo SnW. APPLICANT INFORMATION Property Owners)_--4&%T. ME*(oLp"_r=J!N�j, eE ffi±.'. Address _47LZ M QJVaJ CAZA Phone Numbe Fax Number Email �"tQT=K�a7gKt�� (�,pyt,L Applicant Contact Person/Project Manager 86 htxA f FA L. CILE 23321 T!,&- Address 2J4r2* a_ 5�QiJ 1�.�s �l� MF�- AFC IZA& Phone Numberla 'T Fax Number Ernall dowl .I,C Architect/Engineer Address ' fc. r�aLTn��2b.1 �_ �1t7 Phone Number ax Nu er� 7�Ema11 4r�..�.r de�+A�eu.u,Cpna OWNERS SIGNATURE. DATE: 6-28-2014 version 1_KHISIT B PROPERTY OWNER CERTIFICATION FORM I/We certify that: I/We are the owner(s)of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application Imstructions and have truthfully completed this appUcallon. I/We understand that the City has the option of elther approval or denial of this request following conduct of a Public Hearing. I/We, being the owner(s) of the property in this application, have appointed IS as my/our representative agent.I/We have authorized him/her to do whatever Is necessary to have tthis r quest considered favorably by the City of Apache Junction and agree that all correspondence relation to this matter should be delivered to him/her. PLEASE PRIM Property Owner-AM. hAA 24 Q&*j j2P,,6 L_ P�i�►'TEz Address !20-43a IF,- x-T Mb. ,&ZEEN 5=98eIC. Phone Number •t Fax Number Email qiV .UAq Property Owner Address Phone Number Fax Number Emell Property Owner Address Phone Number Fax Number Email STATE OF ARIZONA ) The fore Instru nt was acknowledged before me this day of ,20 COUNTY OFPINALoil I JICL-n L I M ) Notary Public My Commission Expires: 6-18-2014 version OLIVIA KAY MCN ANEallotary Public-Ariz one Cornty My Cam.Explp dui 10, E4 Sketch Architecture Company Desert Harbor Commercial Development 3752 S.Ironwood Road A.P.N 102-19-997D 24 October 2014 Sketch Architecture Company hereby submits the Project Narrative for the Planning and Zoning application and for the review and public meetings associated with the case The project is located on the NW corner of Ironwood and Baseline behind an existing gas station/convenience store and is 2.66 acres in size. The project consists of a small retail center of two buildings(5,589 sf and 10,257 sf)and two pads for future fast food/coffee/restaurant/or other use. Each pad will utilize a building footprint of approximately 2.500 sf. The site will be fully developed and will affect the convenience store to the south with the joint shared retention basin that will be upgraded and new dumpsters built. Owner A.T.Meridian Real Estate 20427 E.Colt Dr Queen Creek,AZ 85142 Current Zoning C3/PD The pad sites will not be designed at this time and the building footprints shown are place holders only and do not represent what might be built The retail buildings utilize a somewhat"western" influence echoing the "old west"in a contemporary form and referencing the 'old west"fagade buildings with flat parapets and the one or two buildings having a higher gable or other roof form. Color will be somewhat lively in nature(as shown in the rendering below) and will help articulate the fagade forms and varying the front elevation of the building. The back and sides will be enhanced by periodic pilasters to help break up the long facades Landscaping in the landscape setback and retention area will further help soften the hard lines of the building Overall the look with be of a relaxed,upbeat,commercial center. The landscaping is a combination of drought resistant plant material and compliments the building with the use of desert type landscaping. Islands,with trees and shrubs,will help mitigate the"heat sink"of the parking lot 4 2 I 2454 E.Southern Avenue Suite 110 Mesa,AZ 85204 480-668-8015 480-668-8032 fax Sk etch Architecture Company Public Participation Plan for Desert Harbor Project Date 24 October 2014 Purpose The purpose of this Public Participation Plan is to inform citizens,property owners, neighborhood associations,agencies,schools and businesses in the vicinity of the site of a PAD application for the Desert Harbor Project This site is located just North of the NWC of Baseline and Ironwood Roads on the West side behind the convenience store/gas station. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Contact Randy Carter,AiA, NCARB Sketch Architecture Company 2454 E.Southern Avenue,Suite 110 Mesa,AZ 85204 480-668-8015 off 480-668.8032 fax randv(&sketcharchitecturecomaanv corn Action Plan: In order to provide an effective public participation in conjunction with our application,we have taken the following actions: 1) A contact list for businesses, residences and agencies has been established. a) All homeowners associations were reviewed per Pinal County GIS Maps(See attached Neighborhood List and Map). b) All neighbors within 300'of property(See attached Neighborhood List and Map) 2) All persons listed on contact list will receive a letter describing the project,tentative project schedule and a site plan,elevation plan, and landscape plan of proposed project. 3) Presentations will be made to groups of citizens or neighborhood association upon request. If presentations are requested and made City of Apache Junction will be notified and given the information resulting from the meetings(i e.sign-in sheets, handouts,etc.). Schedule: Application Submittal— Submittal of Citizen Participation Report:and Notification— Planning and Zoning Board Hearing— _ PZ no G do 14 A PLA.MWED DEv5,LOPMENT MAJOR AMZwDmeWr Rt.QUV.s-r, PROPOSING Ail OFFICV, AND Rf, t-- i L 57R1P CVN'TeF, 1 W 5` FINO ar N NO`r'r-1 1.- s 1�'�, A`T NOR`T H- WV51 CORN F K NREA, OF S. IRONWOOD DR. AND W. BASF-UNE� kVF. . CU.S. HWY. BO) I t i i u► PINAL COUM'TY �, Q Qi 10 ' 0 Jul , — -------- -------- i °R i W 36TH AVE tC i s4a� , SiTa 1 ; MHP a El-VPD i, W BASEUNE COMMERCIM- ZONF-5 : 5-1/ PD RM DF-MCr�= ZOMT.S: GR) .MIT RS-20} RS--7/PD � • • " ApachOW e Jund'on G5 MI r '� 1 ��� 1 r Y �_• f L e �� �� 1 � i t I • �� .,� .. �� � maw � '.g �{^. �' ,*«•- , ' S r4 tl i,wry .j •. -K ... � I at 4 V , M J F r• "r�Y ; L=6'11111 - • r ' ORDINANCE NO. 995 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. AMENDING THE APACHE JUNCTION, ARIZONA. ZONING ORDINANCE, BY AMENDING THE ZQNINQ QJSTRI(:T MAP, CITY OF APACHE JUNCTION. ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE NO. PZ-96-23 FROM TH (TRAILER HOMESITE) TO C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT) FOR THE PURPOSE OF DEVELOPING A MOTEL AND RESTAURANT; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. THAT: - SECTION I IN GENERAL The zoning district classification on the Zoning District Ma . City of A ache Junction. Arizona, for the parcels of land described as: The Southeast quarter of the Southeast quarter of Section 31, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. be and hereby is amended from TH (Trailer Homesite) to C-3/PD (General Commercial by Planned Development) ; subject to the following stipulations: ,Wk 1. The subject property shall be developed within 24 months of rezoning approval or the zoning may revert to its former classification in accordance with SeCJ.ion 19.0111.4 of the Zoning Ordinance. 2. That the development of the property conform to the approved site plan. 3. The maximum height allowed for the motel is 31' . The restaurant will not exceed the 30' maximum height limit. ORDINANCE NO. 995 PAGE ONE OF THREE 4. The proposed development shall comply with all the requirements outlined by the City's Engineering Department in the memorandum dated April 21. 1997. 5. Development of this project will comply with the Uniform Building Code and all other applicable standards as adopted by the City of Apache Junction. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING F()R SEVERABILITY If any section. subsection, sentence, phrase, clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction. such decision shall not affect 'the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _poTH DAY OF MAY , 1997 SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY 199 -'. DOUGLAS ACOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 995 PAGE TWO OF THREE APPROVED AS TO FORM: , WILLIAM FARRELL Interim City Attorney ORDINANCE NO. 995 PAGE THREE OF THREE Xr FITI 71W, -, UTI ' _ r !! ii� � !�N!■ �1 ���'iMRRt a-rs T T1 - - arm �.JEJIZ ITII I A�t/11�IYi ttrltN�M��\!� _. � -��r•r ii�11>tJ '.`IM _ , _ Ir 1 fr- n� RONWOOD 0 , r � �Y ORDINANCE NO. 1062 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A MAJOR AMENDMENT TO AN EXISTING PLANNED DEVELOPMENT DESIGNATION FOR THE DEVELOPMENT OF A CONVENIENCE STORE WITH PETROLEUM PUMPS, TO BE LOCATED AT THE NORTHWEST CORNER OF SOUTH IRONWOOD DRIVE AND WEST BASELINE ROAD; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the zoning District Map. S�itY of Apache Junction, Ariz, for the parcel of land described as: The Southeast quarter of the Southeast quarter of Section 31, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. Except the North 30 feet, the East 50 feet and the South 50 feet thereof, currently zoned as C-3/PD (General Commercial by Planned Development) , hereby is amended to allow the development of a convenience store with car wash and petroleum pumps, subject to the following conditions: 1 . The development of the subject 4+ acres shall conform to all requirements of the City of Apache Junction, and all applicable agencies with regard to development require- ments and standards. 2 . Off-site improvements shall be completed in accordance with the requirements of the City of Apache Junction, as indicated in the initial rezoning, City of Apache Junction Development Services Department Case File PZ-96- 23, and Ordinance No. 995. 3 . Development of this project shall comply with the Uniform Building Code and any and all other applicable standards as adopted by the City of Apache Junction. ORDINANCE NO. 1062 PAGE ONE OF THREE 4 . Ordinance No. 995 was adopted on May 20, 1997 . Planned Development designations are valid for a period of 74 months from the date of City Council approval . Thy. original Planned Development classification is eligible for reconsideration and possible reversion by the City Council any time after May 20, 1999, if substantial development has not occurred on the subject property. 5. The convenience store site shall be developed in accordance with the elevations and conceptual plan — contained in the City of Apache Junction Development Services Department Case File PZ-98-19. SECTIQt( II REPFALI : ANY CONFLICTING PROVISIONS A11 ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION IS PROVIDING, FOR SEVERABILI'IX If any section, subsection, sentence, ;phrase, clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid. or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF OCTOBER , 1998 . SIGNED AND ATTESTED TO THIS 6TH DAY OF OCTOBER , 199 8 . DOUG COLEMAN Mayor ATTEST: KATHLEEN CONNELLY 1/ City Clerk ORDINANCE NO. 1062 PAGE TWO OF THREE APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1062 PAGE THREE OF THREE N!O M b•[ sn�r 1 Y i NU NZI )41,W CM ON e••CLosu.e ' x ! r 1 O i o•.x Tor:.L a�r•r+cw races t 1 i s� '. ° � � � ' i I s , i �} I V t� X-Ir w CM! 4 04o n,r " �_ 1 I t aC! Wat.l aM � +ll.xaL wc�cc..lo 17 > iaL + 1 j l 4 w~ iD ' .�siK•o rae•s t r � CO.,�awT � ...I i, -, , t� u ° ( TF] 1-1 •• \r rora es D.raasc+p raves 10 Y tew �♦♦ �� - 1 S I 1 tint» n•• sne 1 +� PROJECT _--- , D.1 �.. 1 PRELMINAR1 SITE PLAN - _------ =or! ------ie�re acwerae -------- --- _..__ —_g_ ; ' .e.:� ..,e-------- -- - -- 1� .:.e•c CW i art xre ucs I • ° i; 1,0- Iens A-M?EL rerACl+o•..ev sr x7.e er ,Ili!ce•.tsl � � I.w. rnl se N+p+ww♦7wesm .e �° s.o•e_Do Cco �esrur'AI" wAn c[rem is sr 'LOT co eaAae n mote~ •IdORYH " °ca�„'�'. sC°-o/—so srneeT•• �•rl.•eT.•�I.ovlT!•+rs. C c— a Mxe°wo'.R rCa++nawr .nee sr Ii .r•. 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Ask .M. ITEM NO. 8 I MOVE THAT ORDINANCE NO. 1412 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1412 by title only. Majority vote required ) I MOVE THAT ORDINANCE NO 1412, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO. 1412,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: /'\ PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1408, ANNEXATION CASE AN-2-14, REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC FOR ANNEXATION OF AND ASSIGNMENT OF CITY ZONING DISTRICTS TO PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF TOMAHAWK ROAD AND US60. 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition #y r Boulevard g` Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 14-632 Sponsor- Rudy Esquivias Agenda Date 1/6/2015 Index. Budgetary Approval not Required In Control. City Council Meeting Presentation, discussion and action on Ordinance No 1408, relating to annexation case AN-2-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for annexation of and assignment of City zoning districts to, their properties (approximately 7 acres, including adjacent ADOT right-of-way) located at the southeast corner of S Tomahawk Road and US60 This item was continued by the City Council from their meeting on December 16, 2014. Presentation, discussion and action. Attachments City of Apache Junction,Arizona Page 1 Printed on 1212912014 Am*. .�. City of Apache Junction Development Services Department DATE December 22, 2014 TO- Honorable Mayor and City Council THROUGH Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director FROM. Rudy Esquivias, Seniox• Planner/Zoning Admin. SUBJECT. January 6, 2015, Public Hearing Item AN-•2-14 (Ordinance No 1408) Proposed Annexation of +/-7 Acres at the Southeast corner of S. Tomahawk Road and US60, Continued from Council meeting of 12-16-14 Proposal Description This is an annexation proposal for +/-7 gross acres of private property and some US60 right-of-way area, located at the southeast corner of S. Tomahawk Road and US60 The subject site is presently zoned by Pinal County as General Rural ("GR") and Multiple-family Residential ("CR-4") . Upon successful annexation into the City, the subject site will be assigned the City of Apache Junction zoning district of General Rural Low Density Single-family Detached Residential ("RS-GR") and Very High Density Multiple-family Residential ("RM-3") in compliance with State law, which requires that a City assign an annexed property zoning of similar or equal intensity as the County' s upon annexation. The property is being annexed at the request of the private property owners, Mesa Development Corporation and JBW Investments LLC The basic purpose for the annexation is to allow for the rezoning (pursuant to rezoning case PZ-4-14) of the private properties to a commercial planned development designation which will allow for a commercial, retail and employment opportunity for a future developer. Case Background As part of the annexation process required by Arizona Revised Statutes (ARS) , Section 9-471, on October 13, 2014, the City filed a blank (unsigned) annexation petition with the Pinal County Recorder' s office. A requisite public hearing to discuss the annexation and receive public comment, within 30 days of recording the blank petition, was held by the City Council on November 4, 2014 . The Oak .•k process of distributing and collecting petitions with the signatures of owners of real and personal property within the annexation area began on November 12, 2014, after the end of the 30 day waiting period. State Statutes then give the City a time frame of one year, after the 30-day waiting period, to collect the necessary number of signatures of consent. In this case, the Arizona Department of Revenue has not indicated that there are owners of real or personal property (other than the applicants) in the annexation area, within the prescribed timeframe for providing said information. The signed annexation petitions from the owners will be recorded prior to the Council' s December 16 meeting. If, subsequent to the distribution of this agenda item transmittal, the State informs staff of additional ownership entities, then Planning Staff may ask Council for a continuance of the item to gather other additional signatures. As of now, all annexation process requirements have been met. Planning Staff has prepared the attached annexation ordinance (Ordinance No. 1408) to be adopted by the City Council at their December 16, 2014 meeting. Impact Assessment The City will become responsible for services including- police protection, zoning and code enforcement, and the maintenance of roadways The site will also receive service from the Sewer District and the Fire District when development comes along. Water for the property will be provided by Apache Junction Water District All records pertaining to this annexation are available on file in the Planning Division Office at 300 E Superstition Boulevard. Please refer to case file AN-2-14 when inquiring about this case Recommended Motion I move that the Apache Junction City Council (approve/deny) Ordinance No. 1408, a City-initiated annexation of +/-7 acres at the southeast corner of the S Tomahawk Road and US60. Attachment: - Draft Ordinance No. 1408 (with Certification of Map, Map and Legal Description Exhibit "A", and Zoning Exhibit "B") ORDINANCE NO. 1408 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, IN CASE AN-2-14, PURSUANT TO PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES ;4ND AMENDMENTS THERETO, BY ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF APACHE JUNCTION; ADOPTING ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, a petition in writing, accompanied by a map or plot of said real property, having been filed and presented to the Mayor and Council of the City of Apache Junction, Arizona, signed by the owners of more than one-half in value of the real and personal property and more than one-half of the persons owning real and personal property as would be subject to taxation by the City of Apache Junction in the event of annexation within the territory and land hereinafter described as shown by the last assessment of said property, which said territory is contiguous to the City of .Apache Junction and not now embraced within its limits, asking that the property more particularly hereinafter described be annexed to the City of Apache Junction, and to extend and increase the corporate limits of the City of Apache junction so as to embrace the same; and WHEREAS, the Mayor and Council of the City of Apache Junction, Arizona, are desirous of complying with said petition and extending and increasing the corporate limits of the City of Apache Junction to include said territory; and WHEREAS, the petition sets forth a true and correct description of all the exterior boundaries of the entire area proposed to be annexed to the City of Apache Junction, and had attached thereto at all times an accurate map of the territory proposed to be annexed; and WHEREAS, no alterations increasing or reducing the territory proposed to be annexed have been made after the petition was signed by ,any owner of real and personal property in said territory; and ORDINANCE NO. 1408 PAGE 1 OF 3 WHEREAS, the provisions of Arizona Revised Statutes, Section 9-471 and amendments thereto, have been fully observed, including, but not limited to, Council approval of a plan, policy, or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated new development within ten (10) years after the annexation becomes final; and WHEREAS, proper and sufficient certification and proof of the foregoing facts are now on file in the office of the City Clerk of the City of Apache Junction, Arizona, together with a true and correct copy of the original petition referred to herein, which is on file in the office of the Pinal County Recorder. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I: IN GENERAL The following legally-described territory is hereby annexed to the City of Apache Junction, Arizona, and that the present corporate limits shall be extended and increased to include the following territory which is contiguous to the present City limits: Pinal County Assessor parcels 103-22-008A; 103-22-009C; 103-22-009D; 103-22-010A; 103-22-010B; 103-22-021, EXCEPT the West 50 feet thereof; and 103-22-022, EXCEPT the West 50 feet thereof; all parcels are located in the Northwest quarter of the Southwest quarter of Section 34 , Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. (See attached map and legal description, Exhibit "A" , for complete metes and bounds legal descriptions. ) SECTION II : RECORDATION That a copy of this ordinance, together with an accurate map and legal description of the territory hereby annexed to the City of Apache Junction, Arizona, certified by the Clerk of the City, attached hereto as Exhibit "A" , be forthwith filed and recorded in the office of the County Recorder of Pinal County, Arizona. ORDINANCE NO. 1408 PAGE 2 OF 3 SECTION III: ZONING CLASSIFICATION The zoning class ificat.ions for the above noted and described annexed territory is hereby adopted as shown on Exhibit "B" attached hereto and by this reference :incorporated herein, and such zoning classification permits densities and uses no greater than those permitted by the County :immediately before this annexation. SECTION IV: REPEALING OF CONFLICTING ORDINANCES All ordinances and part of ordinances and/or provisions of the Apache Junction City Code which are in conflict with the provisions of this ordinance are hereby repealed. SECTION V: PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion thereof . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO 77HIS DAY OF 2014 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1408 PAGE 3 OF 3 loom. Ank CERTIFICATION OF MAP MAP OF ANNEXED AREA, CASE AN-2-14 DATE: , 2014 I, John S. Insalaco, Mayor of the City of Apache Junction, Arizona, do hereby certify that the foregoing map, Exhibit "A" , is a true and correct map and legal description of the territory annexed under and by virtue of the petition of the real and personal property owners in the said territory and by Ordinance No. 1408, annexing the territory described in Ordinance No. 1408 and as shown on said map as a part of the territory to be included within the corporate limits of the City of Apache Junction, Arizona. JOHN S. INSALACO Mayor Attest: KATHLEEN CONNELLY City Clerk AN-2-14 EXHIBIT A isr�esirrr US 60 L I I I 1 1 gC BA I I 1 1 1 I 1 1 I I 10 I E ' 1 1 1 I 1 v V 1 F AA 1 I 1 Dina[ County 1 1 10 1 � 1 � 1 � 1 CLl1� - Annexation Area and Area being rezoned from Pinal County GR and CR-4 Zones to City of Apache Junction RS-GR and RM-3 Zones. _ North LEGAL DESCRIPTION OF PROPOSED ANNEXATION AREA: Parcel 1: 103-22-008A That part of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base: and Meridian, Pinal County, Arizona, described as follows: COMMENCING at the Northwest corner of the Northwest quarter of the Southwest quarter of said Section 34; Thence: running easterly along the north line of said Northwest quarter of the Southwest quarter of said section 34, a distance of 556.5 feet to the Northeast corner of the property described in Docket 164, page 122, being the TRUE POINT OF BEGINNING; Thence continuing easterly along the North line of the Northwest quarter of the Southwest quarter of Section 34, a distance of 186.1 feet; Thence Southerly and parallel to the West line of the Northwest quarter of the Southwest quarter of Section 34, a distance of 234 feet, thence westerly and parallel to the north line of the Northwest quarter of the Southwest quarter of section 34, a distance of 186.1 feet to the Southeast corner of the property described in Docket 164, page 122; Thence Northerly along the East line of said property to the :CRUE POINT OF BEGINNING, EXCEPT that portion of the North 234.00 feet of the East 186.1 feet of the West 744.6 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies northerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434 00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 ,seconds East 56.99 feet;' Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Final County, Arizona. PARCEL NO.2: 203-22-009C A parcel of land lying within that portion of the North 234.00 feet of the West 558.50 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona, which lies Easterly and Southerly of the following described line: BEGINNING at a point on the West line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 mznutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 seconds East 346.63 feet (this point to the referred to as Point ALFA) ; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending of said line; EXCEPT that portion described as follows: BEGINNING at Point ALFA; Thence North 85 Degrees 16 minutes 50 seconds East 147 feet; Thence South 7 degrees 01 minutes 37 seconds West 145 feet; Thence South 85 degrees 16 minutes 50 seconds West 147 feet; Thence North 7 degrees 01 minutes 37 seconds East 145 feet to the Point of ALFA; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Final County, Arizona. PARCEL NO. 3:103-22-OOSD A parcel of land lying within that portion of the North 234.00 feet of the West 558.50 feet of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona, which lies Easterly and Southerly of the following described line: BEGINNING at a point on the Wart line of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434.00 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56.99 feet; Thence North 7 degrees 01 minutes 37 eeconds East 346.63 feet (this point to be referred to as point ALFA) ; Thence North 85 degrees 16 minutes 50 seconds East 1103.58 feet to the Point of Ending of said line, and more particularly described as follows: " BEGINNING at point ALFA, Thence North 85 degrees 16 minutes 50 seconds East 147 feet; Thence South 7 degrees 01 minutes 37 seconds West 145 feet; Thence South 85 degrees 16 minutes 50 seconds West 147 feet; Thence North 7 degrees 01 minutes 37 seconds East 145 feet to the Point of ALFA; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Final County, Arizona. PARCEL NO. 4:103-22-OSOA That part of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Final County, Arizona, described as follows: BEGINNING at a point 234 feet South of the Northwest corner of the Southwest quarter of Section 34, Township 1 North, Range 8 East; Thence South 200 feet along the West Section line; Thence East, parallel to the North Section line, a distance of 435.6 feet; Thence North 200 feet parallel to the West Section line; Thence West 435.6 feat to the point of BEGINNING; EXCEPT that portion of the West 435.60 feet of the South 200 feet of the North 434 feet of the Northwest quarter of the Southwest quarter, Section 34, Township 1 North, Range 6 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies Westerly of the following described line: BEGINNING at a point on the West lines of said Section 34, which point bears South 0 degrees 06 minutes 00 seconds East 434 feet from the West quarter corner of said Section 34; Thence North 89 degrees 54 minutes 00 seconds East 56 99 feet; Thence North 7 degrees 01 minutes 37 seconds East 201.47 feet. AND EXCEPT the East 25 feet of the Hest 435.60 feet of the South 200 feet of the North 434 feet of the Northwest quarter of the Southwest quarter of section 34, Township 1 North, Range 8 East of the Gila and Salt River Bass and Meridian, Pinal County, Arizona, deeded to the State of Arizona in instrument recorded in Docket 814, page 399. TOGETHER WITH a right of reasonable access to Tomahawk Road. as shown on the map and plans of project F028-1 (1) in the office of the State Engineer, Phoenix, Arizona. EXCEPTING and reserving, however, unto the United States of America, all the coal, and other minerals in the lands, as set forth in the Patent of said land. PARCEL NO 5: 103-22-0108 and 103-22-021 That portion of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, described as follows: Beginning at the West quarter corner of said Section 34; Thence South 00 degrees 06 minutes 00 seconds East, along this West line thereof, a distance of 434.00 feet; Thence North 89 degrees 54 minutes 00 seconds East a distance of 50.0 feet to the TRUE POINT OF BEGINNING on the existing easterly right of way line of Tomahawk Road; Thence North 89 degrees 57 minutes 30 seconds East, a distance of 360 60 feet; Thence North 00 degrees 06 minutes 00 seconds West, a distance of 200.00 feet, Thence North 89 degrees 57 minutes 30 seconds East, a distance of 197.90 feet; Thence South 00 degrees 06 minutes 00 seconds East, a distance of 50.00 feet; Thence South 89 degrees 57 minutes 30 seconds West, a distance of 147.90 feet; Thence South 00 degrees 06 minutes 00 seconds East, a distance of 200 feet; Thence South 89 degrees 57 minutes 30 seconds West, a distance of 410 60 feet to the aforesaid existing easterly right of way line; Thence North 00 degrees 06 minutes 00 seconds West, along said easterly right of way line, a distance of 50.00 feet to the TRUE POINT OF BEGINNING; EXCEPTING THEREFROM all coal, oil, gas and other mineral deposits, as reserved in the Patent recorded in Book 53, page 380 of Deeds, records of Pinal County, Arizona. PARCEL NO. 6: 103-22-022 (ADOT R.O.W) That portion of the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, which lies northerly of a line that begins at a point on the West Line of said Section 34, which bears South 434 feet from the West quarter corner of said Section 34; Thence East 56.99 feet; Thence North 07 degrees 00 minutes 00 seconds East, a distance of 346.63 feat; Thence North 85 degrees 00 minutes 00 seconds East, a distance of 1103 58 feet to the POINT OF ENDING on the north line of said Northwest Quarter of the Southwest quarter of section 34, thereof; Except the West 50 feet of the property described immediately above. CITY OF APACHE JUNCTION, ARIZONA, ANNEXATION AND REZONING MAP EXHIBIT "S" ZONING CLASSIFICATIONS FOR ANNEXED TERRITORY A. The zoning district classifications on the Zoning District Map, City of Apache Junction, Arizona, be and hereby are amended by adopting and establishing City of Apache Junction zoning district classifications from the former Pinal County General Rural ("GR" ) zone to the City of Apache Junction classification of General Rural Low Density Single-family Detached Residential ("RS-GR" ) , and from the former Pinal County Multiple-Family Residential ( "CR-411) zone to the City of Apache Junction classification of Very High Density Multiple-Family Residential ( "RM-3" ) zone, for the territories as depicted and described in the preceding Exhibit "A" . ROLL CALL VOTE NOTES klA 4 ITEM # r MEETING F MOTION BY SECONDED BY F- YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS Cb�W&ttmiE-f � VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Y ROLL CALL VOTE NOTES ITEM# MEETING OF MOTION BY SECONDED BY: UIA ES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI ldRf S MAYOR INSALACO AM� UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL .� ANN. ITEM NO. 9 I MOVE THAT ORDINANCE NO. 1408 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1408 by title only Majority vote required.) I MOVE THAT ORDINANCE NO. 1408, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1408,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS• PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1409, CASE PZ-4-14, REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC FOR REZONING SEVERAL PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF TOMAHAWK ROAD AND US60 FROM RESIDENTIAL ZONINGS TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT. j 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms9) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. S. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 10 a, File ID: 14-633 Sponsor: Rudy Esqulvias Agenda Date 1/6/2015 Index. Budgetary Approval not Required In Control City Council Meeting it Presentation, discussion and action on Ordinance No 1409, relating to case PZ-4-14, a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of several properties (approximately 7 acres)at the southeast corner of US60 and S Tomahawk Road, from General Rural Low Density Single-family Detached Residential (RS-GR)and Very High Density Multiple-family Residential (RM-3), to General Commercial District by Planned Development(B-1/PD) This item was continued from the City Council meeting on December 16, 2014 Presentation, discussion and action Attachments. ,i•. City of Apache Junction,Arizona Page 1 Printed on 1212912014 .M*. A-am. 411 City of Apache Junction knL Development Services Department ''` Date: December 22, 2014 To: Honorable Mayor and City Council Members rr Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject : January 6, 2015, City Council Public Hearing Item: PZ-4-14 (Ordinance #1409) Mesa Development Corp. and JBW Investments LLC, Rezoning Request; continued from 12-16-14 City Council hearing. Background. The property owners, represented by John Wharton, are proposing to rezone their +/-7-acre property at the southeast corner of US60 and S. Tomahawk Road from RS-GR (General Rural Low Density Single-family Detached Residential) and RM-3 (Very High Density Multiple-Family Residential) to B-1/PD (General Commercial District by Planned Development) . The rezoning proposal seeks to rezone the properties to planned development commercial, to create a commercial, retail and employment opportunity area for a future developer. The rezoning is being processed concurrently with an annexation request for the properties . If the proper- ties are not annexed, no action can be taken on the rezoning. Planning and Zoning Commission Recommendation: On October 28, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the rezoning by a vote of 7 to 0, subject to all of Staff' s recommended conditions. There was no public comment, other than Mr. Wharton, on the rezoning request. Attached Ordinance No. 1409 reflects the Commission and staff recommendation for the Council' s consideration. City Council Work Session: At their work session on November 17, staff presented the zoning case and the Planning and Zoning Commission recommendation to the City Council. Councilmembers seemed pleased with the Atu%6 Aek proposed rezoning concept and the recommended conditions of approval. Councilwoman Evans suggested staff draft language for an additional condition which would provide for shared multi- tenant signage on the development site. If Council would like to add said additional condition, then the following language is suggested In the motion to approve Ordinance No. 1409, please add the following condition: 10) The future businesses on the development site shall be allowed to advertise on multi-tenant signs . One 12-foot- high multi-tenant monument sign shall be located along the Tomahawk Road frontage; and one multi-tenant freeway sign (25' feet above adjacent freeway grade, measured at the top of the sign) shall be located along the US60 frontage. Said signs shall complement the architecture of the buildings, and shall be subject to Planning Staff review and approval . City Council Public Hearing on December 16, 2014 : At their meeting on December 16, Mr. Wharton expressed that suggested condition #10 was new to him; and that he was not entirely amenable to condition #6, which lists the uses recommended for exclusion from the future development of the properties . Council decided to continue both the annexation (AN-2-14) and rezoning requests to January 6t'', so that Staff could meet with Mr. Wharton to get a better understanding of how he would like for #6 to be reworded. On December 18, Planning, Economic Development and City Manager' s office staff met with Mr. Wharton. After explaining the sign issue, Mr. Wharton was agreeable to suggested condition #10 (the version above has been slightly reworded to read more clearly) . With regard to condition #6, we went through the items recommended for exclusion one by one. Mr. Wharton was agreeable to most of the items, except that he would like to be able to remove from the list (in other words, include in the possible future uses) the following: RV, boat or vehicle storage, mini storage warehouses; used auto sales; and multi-family residential uses. See Mr. Wharton' s suggested version of #6, with strike-throughs, below: 6) In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods, future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 base zone, except for the following uses : manufactured/ 00%k _40ffik mobile home sales; semi-truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; beat eic veh±ele steEaget horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and st-eras_ wa heuccc; taxi or shuttle business; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores; used—ante-sales;- medical marl3uana uses; single-family and ether residential uses; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. Options for the City Council : a) Approve the annexation and the rezoning (with or without condition #10) ; and with #6 as requested by Mr. Wharton above. b) Approve the annexation and the rezoning as recommended by the Commission, and with or without condition #10 . c) Approve the annexation, but deny the rezoning (the property would remain zoned General Rural and apartments) ; and wait for a commercial development proposal to come along later. d) Deny the annexation and the rezoning. e) Approve the annexation and the rezoning, but with changes desirable to Council Planning Staff still supports, and recommends in favor of, the Planning and Zoning Commission recommendation (per Ordinance No. 1409) . We are also amenable to proposed condition #10 . Attachments: - Proposed Ordinance No 1409 - Oct 28, 2014, P&Z s=aff report with all attachments Ankh. r. ORDINANCE NO. 1409 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-4-14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC, "~ REPRESENTED BY JOHN WHARTON, FROM GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") AND VERY HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ("RM-3") TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT ("B-1/PD") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Mesa Development Corporation and JBW Investments LLC desire to rezone their properties for the purpose of creating a commercial, retail and/or office development opportunity on their +/- 7 gross acres (including ad3acent right-of-way) at the southeast corner of US60/Superstition Freeway and S . Tomahawk Road; and WHEREAS, on October 28, 2014, the Apache Junction Planning and Zoning Commission voted 7-0 to recommend approval of rezoning case PZ-4-14, sub3ect to the recommended conditions prescribed in the public hearing staff report, and WHEREAS, case PZ-4-14 is being processed concurrently with annexation case AN-2-14, but decision on the rezoning shall not be made unless the Apache Junction City Council has approved the annexation first; and WHEREAS, the City Council hereby determines that the .•. proposed rezoning conforms to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-5-3, B- 1 Non-Residential Use Regulations, and Section 1-4-3, Planned Development ("PD") District, including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. ORDINANCE NO. 1409 PAGE 1 OF 4 ^ -OWN NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The zoning district classifications on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as : Pinal County Assessor parcels 103-22-008A; 103-22- 009C; 103-22-009D, 103-22-010A; 103-22-010B, 103-22- 021, EXCEPT the West 50 feet thereof; and 103-22-022, EXCEPT the West 50 feet thereof; all parcels are located in the Northwest quarter of the Southwest quarter of Section 34, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona . (Complete metes and bounds legal descriptions of these properties are available for viewing at the City of Apache Junction, Development Services Department. ) be and hereby are amended from General Rural Low Density Single- Family Detached Residential ("RS-GR") and Very High Density Multiple-Family Residential ("RM-3") to General Commercial District by Planned Development ("B-1/PD") , subject to the following conditions of approval : 1) The subject property shall be substantially developed within two (2) years of this rezoning approval, or the zoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-6-H- ^ 1 (b) . 2) All signage on the property shall comply with the City' s Sign Code. 3) All development on the property is subject to proper permits and inspections . 4) All development on the property is subject to compliance with all other adopted City codes and ordinances, ORDINANCE NO. 1409 PAGE 2 OF 4 .•k n including but not necessarily limited to, the City' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines. 5) The developer of the property shall dedicate to the City any additional right-of-way as may be required by the City Engineer, at the time of development of the subject site. 6) In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods, future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 base zone, except for the following uses : manufactured/ mobile home sales; semi-truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; RV, boat or vehicle storage; horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and mini-storage warehouses; taxi or shuttle business; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores, used auto sales; medical mariDuana uses; single-family and other residential uses; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. 7) The developer of the property may combine parcels and re- designate right-of-way and/or access and utility easements within the subject site boundaries as may be AMR., easements at the time of development. Further division of the properties or the creation of additional parcels shall not be allowed, unless the developer proceeds through a subdivision process . 8) Any request for deviation from the city' s development standards or for uses determined by the Zoning Administrator to not be conducive to creating a commercial, retail, office opportunity shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate ORDINANCE NO. 1409 PAGE 3 OF 4 /Nk, 9) The subject site may be developed in phases, with the necessary public or private improvements for service, access and health and safety to be constructed with each phase as necessary and/or as determined by the Building Official or the Fire Marshall . SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1409 PAGE 4 OF 4 City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 28, 2014 CASE NMOER: PZ-4-14 APPLICANTS/OWNERS: Mesa Development Corporation and JBW Investments LLC. REPRESENTATIVE: John Wharton REQUEST: Subject properties are concurrently being annexed into the City. Upon successful annexation, they will be assigned City zoning districts of RS-GR General Rural (equivalent to Pinal County' s GR zone) and RM-3 Multi-Family Residences (equivalent to County' s CR-4 zone) . Request is to rezone all properties to B-1/PD (General Commercial District by Planned Development) . LOCATION: The properties, totaling approximately 7 acres (including some ADOT right-of-way) , 4 are located at the southeast corner of US60 and S. Tomahawk Road. GENERAL PLAN/ ZONING DESIGNATION: High Density Residential, maximum density of 20 dwelling units per acre. The north +/-234' is zoned RS-GR, and the south +/- 250' is zoned RM-3 . SURROUNDING USES: North: US60 (not zoned) ; South: Denali MH Park (zoned Pinal County MHP) ; East: Denali MH Park (County MHP) ; West: Horne Ford (city-zoned B-1/PD) . PZ-4-14 (Mesa Dev/JEW/Wharton) PAGE 2 OF 7 BACKGROUND The subject properties consist of 6 individual lots owned by the applicants, plus some freeway right-of-way area (see PZ-4-14 vicinity and aerial maps) . The properties are currently under Pinal County jurisdiction. The private lots have been previously developed with apartments, a small RV park and a couple of single-family homes. The homes and the apartments still exist, but the RV park use appears to have been discontinued years ago.. Back in 2010, Mr. Wharton discussed with City Staff the possibility of annexing_ the properties into the City and redeveloping them with a hotel, a couple of restaurant pads and a retail or office building (see Mr. Wharton' s letter to the Council and the proposed conceptual site plan from 2010) . Planning Staff was very receptive to the concept plan, but unfortunately, the economy was in a downturn and the project was not realized. Then in June of this year, Mr. Wharton returned and went through the city' s Preliminary Development Review (PDR) process, seeking comments on his proposal to being annexed and rezoning the properties to commercial . His idea was basically to rezone the properties in order to create two development sites . Approx- imately 1.25 acres of the site was carved out for a hotel along Tomahawk and the rest of the site was proposed for RV, boat and mini-storage (see PDR concept plan) . PDR team members again expressed positive interest in getting the properties annexed into the City, but we relayed to Mr. Wharton that the previous 2010 plan for a commercial development was much preferred over the new plan, which included 3 . 75 acres of RV storage. PROPOSAL Mr. Wharton is now requesting that the city annex his properties and rezone them to commercial . Concurrent with this rezoning request, annexation case AN-2-14 is in process for the annexation of the subject properties. Mr. Wharton does not plan to develop the properties, but instead proposes to create an opportunity for future commercial developers, including apparently, a hotel operator who still has interest in the property. He has submitted the concept plan for a multi-tenant development site (from 2010) along with the rezoning application PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 3 OF 7 as an illustration of how the property may be developed in the future. Procedurally, the properties would need to be annexed by the w city first, and during that process given city zoning designations which are most similar to the zoning districts currently assigned by the county; and then, upon a successful annexation of the properties, rezoning of the properties to commercial (B-1/PD) would follow. If the annexation is not successful, then the rezoning will not proceed, leaving the properties under Pinal County jurisdiction and with their existing zoning designations and uses . PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site and the property immediately to the east and south (Denali MH Park) is designated "high density residential" , likely because of the existing apartment zoning on part of both properties and to allow for additional future multi-family redevelopment near the freeway. The Horne Ford property to the west of the site is designated "community commercial" . North of the site is the freeway. Because the size (+/-7 acres) of the subject site is less than 10 acres, this commercial rezoning request is considered a minor amendment to the General Plan. Zoning/site Context: The existing apartment zoning on part of the property is appropriate for a high traffic volume major interchange, while the GR zoning seems out of place. The proposed B-1/PD zoning is compatible with the commercial uses to the west of the site. With proper land use controls such as landscape, screening and setback buffers; and by limiting the palette of uses on the site under the planned development zoning, a compatible commercial development site can be reasonably integrated at this location, next to the residential development. The fact that the site is adjacent to a full freeway interchange generally lends itself more to commercial and higher intensity uses. Planned Development Zoning: There is not a definitive development plan for these properties, but the proposed zoning is planned development. Therefore, any proposal to develop the site will have to conform to city development standards for setbacks, heights, lot coverage, PZ-4-14 (Mesa Bev/JBW/Wharton) PAGE 4 OF 7 parking, landscaping, on-site and off-site improvements, and commercial design standards . Staff will also suggest for the Commission' s consideration a palette of uses conducive to creating employment, generating sales taxes, and providing for neighborhood and/or traveler services. If deviations from standard requirements or different uses are proposed at the time of development, then a future developer will need to process another PD amendment for their specific development plan. Infrastructure Improvements: The eventual developers of the property will need to extend all necessary services to -the site, including sewer. Lack of sewer service to the property is probably the main thing that is keeping the property from being developed to its full potential . The annexation of the property will allow sewer service to be extended to the site . Access to Tomahawk is also basically limited to the very south 50 feet of the property. However, 50 feet is more than adequate for a wide ingress/egress access point to a commercial development site. Need for additional improvements such as streetlights, fire hydrants, drainage structures, etc. , in accordance with the city' s engineering requirements will also need to be determined at the time of development. Public Input: Staff will present a summary of public input comments, if any, at the Commission' s public hearing on October 28 . Thus far, no public comments or inquiries have been received. PLANNING AND ZONING COMMISSION WORK SESSION At their work session on October 14, the Commissioners seemed receptive to the rezoning concept. There were questions/ comments concerning: the ADOT area and whether that would get rezoned (answer - city zoning does not apply to right-of-way, much less freeway right:-of-way) ; limiting the palette of uses to exclude undesirable uses (see suggested condition #6) ; Commissioners liked the idea that another rezoning or PD amendment request would come back to them if a future developer wanted to do something different than what the city' s development standards require or if they wanted to deviate from the palette of uses; Commissioners also preferred commercial, retail and office uses over RV and boat storage. PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 5 OF 7 PLANNING DIVISION RECOMMENDATION Planning Staff offers the following Recommended Motion, along with the following recommended conditions of approval, should the Commission wish to forward a recommendation of approval to the City Council. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-4-14 , a request by Mesa Development Corporation and JBW Investments LLC, represented by John Wharton, for a rezoning of their properties, located at the southeast comer of S. Tomahawk Road and US60, from RS-GR (General Rural) and RM-3 (Multiple-family Residences) to B-1/PD (General Commercial by Planned Development) , subject to the following conditions of approval: 1) The subject property shall be substantially developed within two (2) years of this rezoning approval, or the zoning may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zonin Ordinance, Article 1-16 Administration, Section 1-16-6-H- 1 (b) . 2) All signage on the property shall comply with the City' s Sign Code. 3) All development on the property is subject to proper permits and inspections. 4) All development on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the City' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The developer of the property shall dedicate to the City any additional right-of-way as may be required by the City Engineer, at the time of development of the subject site. PZ-4-14 (Mesa Dev/JBW/Wharton) PAGE 6 OF 7 6) In order to create a commercial, retail, office development opportunity on the rezoned properties, while still observing sensitivity to surrounding residential neighborhoods, future uses on the B-1/PD-zoned properties shall include those uses normally allowed under the B-1 .r base zone, except for the following uses: manufactured/ mobile home sales; semi-truck service or repair; pawn shop; tattoo and/or piercing establishment; massage establishment; swap meet; RV parks and campgrounds; RV, boat or vehicle storage; horse boarding or riding stables; contractor yard; commercial parking lots and garages; outdoor storage, assembly or repair business of any kind; general warehouse and mini-storage warehouses; taxi or shuttle business; rescue mission, soup kitchen or homeless shelter; second-hand or used merchandise stores; used auto sales; medical marijuana uses; single-family and other residential uses; other uses determined by the Zoning Administrator to be incompatible with the intent of the planned development zoning. 7) The developer of the property may combine parcels and re- designate right-of-way and/or access and utility easements within the subject site boundaries as may be necessary at the time of development. Further division of the properties or the creation of additional parcels shall not be allowed, unless the developer proceeds through a subdivision process. 8) Any request for deviation from the city' s development standards or for uses determined by the Zoning Administrator to not be conducive to creating a commercial, retail, office opportunity shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate. 9) The subject site may be developed in phases, with the necessary public or private improvements for service, access and health and safety to be constructed with each phase as necessary and/or as determined by the Building Official or the Fire Marshall. ... .•. PZ-4-14 (Mesa v/JBW/ arton) PAGE 7 OF 7 i Prepar y u cIf squivias Senior P er/I oning Administrator Attachments: Exhibit #1 - PZ-4-14 Application Exhibit #2 - Vicinity and Zoning Map Exhibit 93 - Aerial images of property Exhibit #4 - June 24, 2014, letter to Mayor and Council Exhibit #5 - Mixed use development concept plan from 2010 Exhibit #6 - PDR plan for hotel and RV storage pads A001. EXHIBIT A: Planning and Zoning Application Form r` N Office Use Only Filing Date Staff Fees Received Case TYPE OF APPLICATION Annexation _,Abandonment(Plat/Easement/ROW) _Board of Adjustment —Cargo Container Permit _Certificate of Legal Nonconformity _Conditional Use Permit Development Agreement _Development Plan Review General Plan Amendment Lot Splits,Joins&Adjustments —Ordinance Text Amendment Planned Development Rezoning _Preliminary/Final Plat —Preliminary Development Review _Sign Permit Special Use Permit _Temporary Use Permits _Zoning Map Amendment Other SITE INFORMATION SITE ADDRESS/LOCATION,� ��.S, 1 ASSESSORS PARCEL NUMBER fA y[C q(�, GROSS AREA !q90 �� NET AREA • /O/�c— EXISTING ZONING BRIEF DESCRIPTION OF THE PROPOSED REQUEST: Zwe 4,retclbt-/ uS APPLICANT INFORMATION n (L Property Owner(s) /�/�Srt e�PJd�yP� � i0• G�sll ��i�l��S� .c�7f L Address 5. �, v .'� oe Phone Number 1�2' 4O Fax Number Email �'�1•�l���t� a/� Lz c1�(.��� Applicant Contact Person/Project Manager ��)/J.4J ��11/�fl�/✓.1IJ -�r -, `� Address 1l� X. Sr L,ltlre.S`4� b y'f1/Y Phone Number �T/4'M -e Fax Number Email 75/1717P Architect/Engineer Address Phone Number Fax Number Email OWNERS SIGNATURE !� Z16 DATE, . 6-18-2014 versi n ` � � ���� �'_ 02 EXHIBIT B PROPERTY OWNER CERTIFICATION FORM I/We certify that: I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application, I/We understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/W bung e o ner(s) of the property in this application, have appointed 'r"'� ��aZ2 as my/our representative agent. (/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relation to this matter should be delivered to him/her. PLEASE PRINT ]] ` r Property Owner�_1 `^� _i_J� I�I�6 --ef4 L L C Address Phone Number y Fax Number Email ►���.ti�G�h�+/1 �� _/L�`� Property Owner Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email STATE OF ARIZONA ) The foregoif�instrume was acknowledged before me this� ay o 20�. COUNTY OF PINAL ) la 'NotanWublic My Commission Expires- 6-18-2014 version Notiry Public Stale ofArizona Pinal Garrity *�'Anaaki M Muscohno EXHIBIT B PROP R1Y OWNER CERTIFICATION FOR I/We certify that: I/We are the owner(s)of the property described in this application fcr rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application Instructions and have truthfully completed this application. I/We understand that the City has the option of chher approval or dental of this request following conduct of a Public Hearing I/We, being he owner(s) of the property In this application, have appointed d ?.Am -�,26/,/ as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have thLs request considered favorably by the City of Apache Junction and agree that all correspondence relation to this matter should be delivered to him/her. PLEASE PRINT /�} / Property Owner �_ ,'° �il•±Eez (X 2St F Address Phone Number 0 Fax Number Emw: -230.5 Property Owner Address Phone Number Fex Number Emil Property Owner Address Phone Number Fax Number Email STATE 0 I The foreg Ing Instrument was acknowledged bqfore 10MV 1 ) met is day of .20 COUNTY OF PINAL J Notary Public �,,yor LESLIE OLSON NOTARY PV&JC•STATE OF U'A- MyCommissioni:xplres � ' �COMM ISS)ONA'Sote49 6-18-2024 version foss COMM EXR 10-13-2014 PZ - 4- 14 REZONING R�GlUkST FROM RS-( ADD RIA-3 -r'O B-[/PD FOR cOMM—QC1+�-, R�TA1 cwlrtcp- DEtrEweMEWT OPPOK7ruN17 Y i3Y ,T01M WAN,tz~rC3kj. PKO PE5? V-S A3 LSrJ S 11U�c 1�N X��J• US 60 1 1 � s 1 1 I 1 1 1 1 1 1 E ' 10 3 A � I �1 I 1 1 1 Ping( County Am, ' IQ I I 1 � 1 1 SUBJECT SITE r Apache Junction GIS IG�E:'�!voi31�E'^'! n.a •f � f.r; Malmo It Now7-1 .. � - 'q-yr.��a-. a �wry � • �:B ILY= CO Zia' W! ,q 'j, esn .. _. ,V,_. -z. ,..., tR"• p r....—�. .�.�...,.,�-..,,-•:ter ..` �.. 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W��y it lA'ttin .�llilri:i EI .*.Y�•'.•. . vQ • L r — iiKntatnr rti a nitl` ? t:? , ry� Ilit(iEli(,1�I ti'iti(Irj}t.r-•. :�' ''�•i.. rr• �� � ' .. :, .,,. ter'; ;�i `t 11i6,1 _ 911ni1t1►ri Vlla,l�l�ru` ::�:: �": L— -- --__-- ��� � �� s t ,+ , ... �'.� � t,�- ' '`' it��r� y+ •;+ ililiiyrr�n rip:�utr� A�;.y, . l 4Cz �!? z �'. _ :. .. r ,►...O:��f ii1''11`� tll'ti 1:fitJ r t' l i' �� n}+s,�rt�: • t 1 1 June 24, 2014 Honorable John Insalaco and City Council Members City of Apache Junction 300 East Superstition Boulevard Apache Junction,AZ 85119 RE: The annexation of 4.98 acres of land at the southeast corner of Hwy 60 and Tomahawk Road Dear Mayor Insalaco and City Council Members, I would like to make a request for both the annexation of our property into the city of Apache Junction and along with the rezoning of the property. I have visited the city's Community Development department on a number of occasions to discuss the property and have asked the city for constructive: input with regard to annexation and use of the property. At present, the property lies within the Pinal County jurisdiction. It has mixed zoning which as it was originally developed as two separate properties in the 1970's. The county elected to amend the zoning of a portion of the property a few years ago to allow commercial uses. The balance of the property is zoned for multi-family. All utilities are at, or very near,the property line. We had a handshake agreement with Choice Hotels for the development of a Country Inn & Suites prior to the recession. Since that time,the property has been marketed to sale with no serious offers being received in the! last few years. Our subsequent discussions with Choice Hotels and others has made it clear that the market has changed and in order to attract a buyer/developer we will need to have zoning in place as the player are simply much more cautious now. My partner and I were hurt badly by the recession We have roughly$1.6 million dollars cash into the purchase of the properties and still have a mortgage of over$600,000 remaining. The rent from the aging apartments only pays a portion of the monthly payment, maintenance, etc. In short,we are broke. My partner is 83 years old and has no income. We have managed to put together enough money to pay the City's zoning application fees but we do not have funds for elaborate drawings,grading and drainage plans, etc. Practically speaking, some flexibility in the site plan will certainly allow a more rapid development time-frame and engineering would John 8,Wharton 4625 5 Lakeshore Drive,Tempe AZ 85282 480-650-8858 Johnwharton@cox net be required at that time which the developer can pay. We simply do not have the cash, or access to the cash,to hire architects and engineers. I do have previous drawings which are of some help. What I am proposing is the annexation of the property with subsequent development of the site with a hotel and a self-storage facility. The access to the property is somewhat restricted which is why the mini-storage was added to the hotel. This will be made more clear with our application. We sincerely hope to work with you to make this development happen. I will be making application in the next few days. Kind regards, John Wharton, owner John B Wharton 4625 S. Lakeshore Drive,Tempe AZ 85282 480-650-8858 Johnwharton@c cox net o I US-60 RAW `+r�rracrs RESTAURANT PAD . HOTEL S ii I 4950SOFT 80UNiTS 1 PK IROIiEL1S PC ' 45,%3SOFT(1.05AMES 4 STORIES 95.967 50 �f m��•..a.rt 1 I ` Iw Ifm fo-.�i.e I SOFT (2.20 ACRES' I f� K-Y � f 1 � f-11vv ufn � jI ill 1_l 111111 _ ;QE N � f M 1NM1•+Nqf I..rI. i �N m>A fer.rr lel mmen r eav.w r'f w +mtw•.f-.Kµns�+t>�mn•oe�lee-,�1m il� 7c c T,a 1fu�.ml a n+ea Kl. r APA�{E $ .w "`•f""" '1O"ro•+• �!� JUNCTION Rx _ ..._ ,v."aft IQI ms 111.Rf I�i.r+ffl.rt lu+ �■f ,ow Iw St (-I 1 1aq OMw pl MNK f.41 W.1-IN W�RIOA+fr J1` AIK}.�PO.D• .1 1. •'--'�yr��"ti a"! ��� K N➢i4 ra un�n rLLf to A..!2R. • - i}= mK `REUMINARY SRE PVW(j`, '�wwww" "n w"�'�^' �^� -- I ., a< �...�.� �r. i fP PRELIMINARY '1 SITE PLM VICINITY MAP .n.r.s.O4M�{ .a0..11• �. M1SO ..vr.w.r1t►M r�f.eYt f00[w.f1 ' a- M.,a=%w M aY��Y�.OwL A—�� Cl.fi�ft A�IC— ■�' I ``1 stn CDPnEP ...x.••.�r SECTIn'I :4. Tl N. 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Nj-E I.O, (�'.'-'�. tom'•' W ALUM (&P SG 9 IP V , L Ir+-FEiF 1 c TroPtic tl Dnsls-'111 o/ AparY 'lnctlan A 1, g,v1 as ► s: Cl _ -q e��rRrt w.r�aRrls -1.i- _ ---- j-'-� EAST LII.E ar J J� !0 360 66 la7 t 1 o THE rtST 43s.60 Fur / N Bs .t 17,1 363 EE Im 1 / A 2 Tarn co+ana+t•. torah Cf TIE Sat+& Or SEC 3 PCEL S FAD I, REEap 4rM In xafrgnty Dead -J7 CO' C'6 Y x/CAr s &M+ 103-�`-0 0 tl aVp IOS-2t-C71 I In LocMt 199. page ttl! 50 CS f.O,YAIIF I�G+. ,,, -, N •i e9• 51' GO'F 6 - - - �, A w3ftnlA tanlglroq In M S t9. 5r 77 X el^ 6o IY1_ Entitled: Racelatl S&9 IT. )C• s' &10 60 lit SOUTH LI%E tF THE SOUTH 7nC.D:.FEET FeWdlnC kc., D�ochet 1 711E sIH1TH a3& Oo FEET Fm;.ranc. is lwrnpy Rm. trlr•a,In 6 of TIE Sx1/a nF SEt St pWTICwlara •&usacfs FC 7 Eos"mr'tlal &Cr pwrpoe• Sa Urljy 11tio&CMr. Flla%, Aft., S9-CAs-+b A. Pas•rvatlm,& cQltolred In We Potert IrcldeMal tll&rtie at , PwpOsef Coaxunlc PDR CONCEPT PLAN ROLL CALL VOTE NOTES: I` e W ITEM # MEETING OF v j MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE OR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE 1 NOTES JA AV ITEM # MEETING OF MOTION BY: SECONDED BY. YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON C BER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ,y. ITEM NO. 10 I MOVE THAT ORDINANCE NO. 1409 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1409 by title only. Majority vote required.) I MOVE THAT ORDINANCE NO. 1409, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1409, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS• City of Apache Junction, Arizona 300BE Superstition levard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 14-637 Sponsor:Joel Stern Agenda Date: 1/6/2015 Index- In Control-City Council Meeting Direction to staff on acceptance of CenturyLmk Cable TV License application Attachments. City of Apache Junction,Arizona Page 1 Printed on 1212912014 CenturyUnk- December 10,2014 Kathy Connelly City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 Dear Kathy, Accept this letter as CenturyLink's formal application to offer cable television services to residents in Apache Junction. Enclosed pleased fined our$2,500 application fee that is required by the City of Apache Junction to complete this process. As we discussed, it is CenturyLink's desire to negotiate this license agreement pursuant to the Federal Communications Commission informal process. We believe it is in the best interest of both parties to follow the informal route in order to provide the residents of Apache Junction with the best agreement possible. We look forward to the continued license discussions and ultimately to providing a competitive video offering to the residents of Apache Junction. Sin y L 2 E. Thomas Phoenix,AZ 85012 4t CenturyLinic ATTN: ontxolle Check ber r►s Group 00070fi 920 P.O. BOX 4065 JPMORGAN CHASE BANK MONROS, LA 71,211 DALLAS ea-ee/1113 1-677-386-7151 Void after 90 days 12/12/2014 *** TWO THOUSAND FIVE HUNDRED USD*** USD *********2,500 00* Pay to the order of CITY OF APACHE JUNCTION TAX & LICENSING DIVISION 300 E SUPERSTITION BLVD �fjf APACHE JUNCTION AZ 85119, Protected by positive pay 11000070629201111 1: 1 1 1 3008809: ++'0 58000 7R8 7++• .Am. Amok Barbara Duft Subject: FW Proposed CL Cable TV License Agreement with City of Apache Junction -----Original Message----- From: Mirasola,Jeff[mailto.Jeff Mirasola@Centurylink.com] Sent: Monday, December 29, 2014 8:49 AM To Joel Stern,Campbell,Jim (RVP-Regulatory Midwest); Lee,John .Oa. Cc- Lafave, Mary Subject RE: Proposed CL Cable TV License Agreement with City of Apache Junction Joel, Please be advised that Centurylink accepts the redlines in the December 2014 license version attached to your 12/24/14 email which was initially received on 12/16/14. We look forward to further discussion during the January 5 work session and during the full council meeting on January 6. Both Jim Campbell and I will be in attendance to provide any further clarification needed by the council, staff or yourself. Many thanks, Jeff Jeff Mirasola State & Local Government Affairs Director Centurylmk 20 E Thomas Road Phoenix,AZ 85012 -----Original Message----- FromJoel Stern [mailto:jstern@aJcity net) Sent:Wednesday, December 24,2014 10.19 AM To-Campbell,Jim (RVP- Regulatory Midwest); Mirasola,Jeff Cc. Lafave, Mary Subject Proposed CL Cable TV License Agreement with City of Apache Junction Greetings from All I received a copy of the proposed agreement yesterday that CL sent to the city after the initial letter and check for license application processing l have asked the City Manager to place the matter on the agenda for a work session on January 5th and direction to staff on January 6th. There is a problem The version you sent as the proposed agreement is not the most recent. The most recent version is attached and was sent to you on December 16th with some redlines---red strike outs and yellow highlights--- (see i a%, below e-mail and attachment) In addition,on page 14,subsection d of this most current version,5 storefront locations in the city are referenced; however, in the version you attached to your letter only blanks appear I am not sure if you received the e-mail dated the 16th with the attachment or simply disagreed with the changes as we have not had a discussion since our meeting on November 19th. However,the version that was attached to the e-mail is the version that council would like to see discussed at the upcoming council meeting Please advise on how you would like to proceed. If you cannot accept the redlines and believe we need to have another negotiation session, let me know and I will have the item for January 5th pulled and rescheduled until after we meet to discuss the redlines. If you are ok with the December 16th version redlines, please send me an e-mail message advising that you would like it to be the working version the council considers at the upcoming meeting in lieu of the one you sent with your check. I need to know before our Monday morning's tentative agenda review meeting which starts at gam Happy Holidays!!!!!! R.JoelStern City Attorney City of Apache Junction 300 E Superstition Blvd. Apache Junction,AZ 85119 (480)474-5105 LEGAL DISCLAIMER --This message and any information contained herein or attached hereto contains information subject to the Attorney-Client Privilege and/or the Attorney Work Product Doctrine It is intended to be communicated only to the recipient. It also relates to actions taken by counsel,or at the direction of counsel, in connection with preparation for pending or reasonably anticipated litigation. The inadvertent or unintended disclosure of this information does not constitute a waiver of any otherwise applicable protections. If you are NOT the intended recipient of this communication, please destroy it and notify the sender at (480)474-5105 Any form of reproduction, dissemination, copying,disclosure, modification,distribution and/or publication of this e-mail message is prohibited. -----Original Message----- ,MU& From- Melissa Drake Sent:Wednesday, December 24, 2014 9 40 AM To 1oelStern Subject: FW City of Apache Junction From Joel Stern Sent Tuesday, December 16, 2014 1121 AM To: 'Campbell,Jim (RVP- Regulatory Midwest)' Cc 'mary lafave@centurylink com', 'jeff.mirasola@centurylink.com' Subject-City of Apache Junction 2 ... Amok Jim: Attached is the most recent version of the cable TV license agreement that could be considered by the Mayor and City Council should CenturyLink decide to make a formal application submittal. We have highlighted some verbiage changes using yellow shading and red strikeouts Although the code references an application form,there is none. Instead,a formal letter from CenturyLink with the proposed agreement and summary thereof would suffice. .. Also, please identify which items in our City Code you will not or cannot comply with and the reasons therefore. I believe Anna McCray has been in touch with you on our possible consideration schedule I believe it is as follows: January 5, 2015 Work Session January 6, 2015 Direction to Staff,Acceptance of CenturyLink application, Direction on any city code chapter 14 language repeal January 12- 15, 2015 14-day posting notice for February 3rd public hearing on agreement January 20, 2015 Council application acceptance February 3, 2015 Public Hearing on ordinance adopting agreement and on repeal of outdated city code chapter 14 provisions .� Have a great holiday R Joel Stern City Attorney City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 (480)474-5105 3 LEGAL DISCLAIMER--This message and any information contained herein or attached hereto contains information subject to the Attorney-Client Privilege and/or the Attorney Work Product Doctrine. It is intended to be communicated only to the recipient It also relates to actions taken by counsel,or at the direction of counsel, in connection with preparation for pending or reasonably anticipated litigation. The inadvertent or unintended disclosure of this information does not constitute a waiver of any otherwise applicable protections If you are NOT the intended recipient of this communication, please destroy it and notify the sender at(480)474-5105. Any form of reproduction, dissemination, copying,disclosure, modification, distribution and/or publication of this e-mail message is prohibited. This communication is the property of CenturyLink and may contain confidential or privileged information Unauthorized use of this communication is strictly prohibited and may be unlawful If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. -Omsk 4 DECEMBER 16, 2014 VERSION LICENSE AGREEMENT FOR A NON-EXCLUSIVE CABLE SYSTEM BETWEEN THE CITY OF APACHE JUNCTION AND QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK, INC. THIS AGREEMENT, executed this _ day of 2015, by and between the City of Apache Junction, an Arizona municipal corporation (the "City"), and Qwest Broadband Services, Inc. d/b/a CenturyLink, Inc., a Delaware Corporation (the "Licensee" or "CenturyLink"), hereinafter individually and collectively referred to as a "Party" or the "Parties". RECITALS A. The City is authorized to grant one or more non-exclusive licenses pursuant to Arizona Revised Statutes ("A.R.S.") §§ 9-501 et seq., and the Apache Junction City Code ("A.J.C.C.") Volume I, Chapter 14, for operating and maintaining cable communications systems within the corporate boundaries of the City. B. CenturyLink has filed an application with the City for a cable license agreement (the "Agreement" or "License Agreement") and has paid the mandatory $2,500.00 application fee and the City Council has accepted the application for full consideration. C. The City has undertaken an extensive review of cable service in the City, including but not limited to a review of the Licensee, its record of service, its facilities, the cable-related community needs of the City for both the present and future, and the Licensee's ability to carry out its commitments, and its overall financial, legal and technical qualifications to hold a City issued cable TV license. D. At the time of the grant of this Agreement, the City has found Licensee to be financially, technically and legally qualified to operate the Cable System. E. Licensee agrees to be bound by all the terms of this license, pursuant to A.J.C.C., Vol. I, Chapter 14, Cable Systems, as amended. F. The City has determined that the grant of a non-exclusive license to Licensee is consistent with the public interest. 1 G. Pursuant to A.R.S. § 9-507(B), the City has held a public hearing affording the public the opportunity to comment on this license. H. The City and Licensee have reached agreement on the terms and conditions set forth herein and the Parties have agreed to be bound by those terms and conditions. AGREEMENT 1. DEFINITIONS Except as provided below, all terms used herein have the definitions as set forth herein or in A.J.C.C., Vol I, Chapter 14, Cable Systems and as set forth in this Agreement: A. "Remote Terminal" means a "Digital Subscriber Line Access Multiplexer" ("IDSLAM") capable of offering Cable Services to Subscribers. B. "Easement", unless the context otherwise indicates, means those public rights-of-way owned by the City, the terms, conditions or limitations upon which are not inconsistent with the erection, construction or maintenance of a Cable System, its structures or equipment. C. "Expanded Basic Service" means the next most highly penetrated tier of cable service programming above the Basic Service tier excluding premium or pay-per-view services. D. "Installation" means the connection of the Cable System from a remote terminal) to a subscriber's residence or place of business. E. "QC" means Qwest Corporation, an affiliate of Qwest Broadband Services, Inc. ("QBSI") and an indirect wholly-owned subsidiary of CenturyLink, Inc. F. "Living Unit" means a distinct address in the QC network inventory system where QC currently has, had in the past, or had planned to provide telephone or high-speed internet service to a customer. This includes, but is not limited to, single family homes, multi- dwelling (e.g., apartment buildings and condominiums) units and business locations. The Parties reserve the right to add additional definitions to this Agreement at any time in the future when both Parties agree additional definitions are needed to clarify the Agreement. Any additional definitions shall be treated in the same manner as any other amendiment to the Agreement. 2 2. GRANT OF AUTHORITY A. License Granted. The City hereby grants a cable license to Licensee for the privilege to use the public rights-of-way for installing cables, wires, lines and other facilities to operate a cable system. This license grant does not expressly or implicitly authorize the Licensee to provide service to, or install cable, wires, lines or any other equipment or facilities upon property without owner consent (except for compatible easements or rights-of-way pursuant to 47 U.S.C. § 541(a)(2)) or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners. This license grant authorizes the Licensee to so use, operate and provide similar facilities or properties rented, licensed or leased from other persons, firms or corporations, including but not limited to, any public utility or other licensee licensed or permitted to do business in the City; provided, however, that neither the Licensee nor the third party shall be relieved of any regulation or obligation as to its use of the facilities in the streets. This License Agreement is not a "franchise" under Arizona law (A.R.S. § 9-501). B. Non-Exclusive Grant. Licensee's right to occupy and use streets and public rights-of-way is not exclusive, and may not be sold, transferred or assigned other than as set forth in the Cable Regulations in A.J.C.C., Vol. I, Chapter 14. The City may grant similar licenses for other cable systems and may permit others to use its streets and public rights-of-way for other purposes as it deems fit. Any privilege claimed under this License by the Licensee in any public street or other public property are subordinate to any prior or subsequent lawful occupancy or use thereof by the City or any other governmental entity, are subordinate to any prior lawful occupancy or use thereof by any other person, and are subordinate to any prior Easements therein, provided however, that nothing herein shall extinguish or otherwise interfere with property rights established independently of this Agreement. C. Effect of Competition. The City desires competition in cable services within its corporate limits and believes competition will benefit the residents of the City. Further, the City believes that competition can develop without substantial injury to Licensee or Licensee's ability to perform its promises in this Agreement. Licensee has entered into this Agreement with a full understanding that the City encourages and will facilitate development of competition with licensing terms and conditions no more favorable or less burdensome between cable operators as determined in City's sole discretion. 3 D. Term. 1. This Fr-arle#ise License and the rights, privileges and authority granted hereunder shall take effect on J 2015 March 1, 2015 (the "Effective Date") and shall terminate on Desefnber 31, 2020 March 1, 2020 unless terminated sooner as hereinafter provided. If, at the end of the third year Term after the Effective Date, Grantee offers Cable Services to 20% of the r-esid-e4iUa4 Living Units in the City, the Grantee, at its option, may elect to extend the Term of the frarneli+se License for an additional two (2) years to 0eee er 3222 March 1, 2022. If, at the end of the fifth year Term after the Effective Date, Grantee offers Cable Services to 50% of the r4- � f a4 Living Units in the City, the Grantee, at its option, may elect to extend the Term of the frai hire License for an additional three (3) years to O-e embe 31, 2 March 1, 2025. As of September 30, 2014, there were 26,505 Living Units in the City. E. Licensee's Acceptance. Acceptance of this Agreement and all of the terms herein shall be reflected by the execution of this Agreement by Licensee. This Agreement must be accepted by Licensee within thirty (30) calendar days after passage of the ordinance granting this License, provided that all bonds, letters of credit and insurance certificates are also provided to the City by that date. F. Licensee's Acknowledgements. Licensee acknowledges that it has not been induce+d to enter into this Agreement by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City or by any other third person concerning any term or condition of this Agreement not expressed herein. G. Compliance with Zoning and Construction Codes. Licensee must comply with the terms of all zoning, building and other ordinances, regulations, codes, guidelines and laws controlling the location or construction of its system, including without limitation towers, poles, cables, amplifiers, conduits, Remote Terminals, and all other facilities owned, leased and otherwise used by Licensee for a Cable System. This obligation includes requirements to obtain applicable permits and to pay applicable plan review, permit and inspection fees. H. Application of Apache Junction City Code, Chapter 14. This License is subject to and shall be governed by all terms, conditions and provisions of Chapter 14 of the A.J.C.C., Volume I, currently in 4 effect and as amended, provided, however, that such amendments shall be reasonable and not materially modify the terms of this License. Licensee agrees to be in compliance with all of these provisions at all times during the License Term set forth in Section 2(D) above. In the event of a conflict between the terms, conditions and provisions of Chapter 14 of the A.J.C.C., Volume I, and the terms, conditions and provisions of this Agreement refer to Section 12 (N) herein. I. Applicable Law. This License is subject to and governed by all requirements of the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521, etseq., and any amendments thereto; A.R.S. §§ 9-505 through 9-510 and unless exempted by the terms thereof; and other federal and state laws and regulations and local laws ordinances and regulations governing cable service. In the event of a conflict between the terms and conditions of this License and the terms and conditions on which the City can grant a License, the federal and state law or statutory requirements of both shall control. J. Ownership of Facilities in Rights-of-Way. Licensee promises and guarantees, as a condition of exercising the privileges granted by this License, that any Affiliate of the Licensee directly involved in the offering of Cable Services in the City or directly involved in the management or operation of the Cable System in the City, will also comply with the obligations of this License. However, the Parties acknowledge that QC will pull permits and be primarily responsible for the construction and installation of the facilities in the public right-of-way, which will be utilized by Licensee to provide Cable Services and QC will own, operate and maintain all such facilities. So long as QC does not provide Cable Services to Subscribers in the City, QC will not be subject to terms and conditions contained in this License pertaining to the delivery of Cable Services. QC's installation and maintenance of facilities in the public right-of-way are governed by applicable law. The Parties also acknowledge that if and when QC does provide Cable Services to Subscribers, QC must first obtain a separate license from the City. To the extent Licensee constructs and installs facilities in the public right-of-way, such installation will be subject to the terms and conditions of this License. 3. SYSTEM FACILITIES, EQUIPMENT AND SERVICES A. Guidelines for System Facilities, Equipment, and Services. The following performance guidelines shall serve as the initial minimum 5 guidelines for the design, installation, maintenance and operation of the System: 1. Compliance with FCC Rules. All designs for, installations on, and maintenance performed on the System by the Licensee must be in accordance with ("FCC") rules and regulations governing technical performance and operating standards, currently in effector hereinafter amended. 2. Continuous 24-Hour Operation. The System must be designed and capable of continuous 24-hour daily operation without material degradation of signal except during extremely inclement weather, and immediately following extraordinary storms which adversely affect utility services or which damage major System components. Any general testing of the System which causes any interruption to any subscriber's service must be completed between the hours of 1.00 a.m,, and 5:30 a.m. Arizona Time, and Licensee must make reasonable efforts to notify subscribers within thirty (30) calendar days of such testing and possible interruption. 3. Specifications of System. a. General Requirements. Within ninety (90) calendar days after obtaining the necessary permits, licenses and authorizations, Licensee shall commence whatever construction and/or installation is necessary to begin providing cable services to the City and Subscribers. Licensee is under no obligation to activate a Remote Terminal, but Licensee may not, without permission of the City deactivate a Remote Terminal. b. General Description. The System is intended to provide cable services to Licensee's customers. C. Underground Facilities. Licensee's new cable, wires, and other equipment must be placed underground unless technologically impossible for such equipment to function properly. If the City in the future so requires, for all or any portion of the City, that all the utilities in such area place their Imes underground, then Licensee shall in a reasonable period of time set by the City place its existing cable, wires, or other equipment in such area underground without charge, expense or liability theirefore to the City. 6 d Technical Specifications. The System must at a minimum meet FCC requirements as set forth in 47 C.F.R. § 76, et seq. If federal laws or regulations are subsequently amended, or minimum technical specifications are no longer mandated by the FCC, the FCC's technical specifications in effect at the time of adoption of the Agreement shall govern and remain enforceable under this Agreement unless specifically preempted by state or federal law. e. Picture and Sound Quality. The System must be capable of relaying without distortion to every Subscriber: (1) All picture and picture information, including, but not limited to color, teletext, closed-captioning information and other information displayed on a Subscriber's normally operating television screen; and (2) All sound and sound elements, including but not limited to stereo, second audio channel and all subcarriers and or otherwise modulated information reproduced by a Subscriber's normally operating television audio system. 4. FCC Technical Standards. Should the FCC promulgate amended technical standards which exceed these performance guidelines set forth within this Agreement, Licensee must operate its System so that it is capable of operating according to such FCC standards. 5. Blue Stake Center. Licensee must, if not already a member, become a member of the Blue Stake Center, or its equivalent, within thirty (30) calendar days following the Effective Date. 6. Stand-by Power. Licensee must provide stand-by power generating capacity at the headend and at all nodes. Licensee must maintain motorized or battery stand-by generators capable of at least forty-eight (48) hours' duration at the headend, and battery back-up power capability of at least forty-eight (48) hours' duration for all System nodes with automatic dialer response systems to alert the System headend when commercial power is interrupted. The Licensee must test the headend generator and provide all test results to City when the City deems such tests appropriate to ensure the system can be operated during a local commercial power outage. 7. Service for the Disabled. For hearing impaired Subscribers, Licensee must provide information concerning the cost and availability of equipment to facilitate the reception of the closed caption signal. In addition, the Licensee must have functional Telecommunication Device for the Deaf/Teletype ("TDD/TYY") (or equivalent) equipment at its call center and use such TDD/TYY equipment as required to communicate with the public using such equipment to communicate with Licensee. 8. Periodic Evaluation. The field of cable communications is rapidly changing and may see many regulatory, technical, financial, marketing and legal changes during the term of this Agreement. Therefore, in order to provide for a maximum degree of flexibility in this Agreement, and to help achieve a continued advanced and modern System, the following apply. a. City may require evaluation sessions at any time during the Term of this Agreement, upon sixty (60) calendar days' written notice to Licensee. b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access channels, facilities and support, municipal uses of cable, customer complaints, amendments to this License, judicial rulings, FCC rulings and any other topics City and Licensee deem relevant. C. As a result of a periodic review or evaluation session, City and Licensee shall meet and may develop such changes and modifications to the terms and conditions of this Agreement, as are mutually agreed upon and wNch are both economically and technically feasible. 9. Technical Changes and Modification Costs. Licensee agrees that it must not apply or seek to apply or make any claim that all or any part of the technical changes and modifications costs set forth in this Section 3(A)(9) are Licensee Fee Payments under 47 U.S.C. § 542 and/or applicable state law nor are the technical changes and modifications costs to be considered other payments or contributions to be made by 8 Licensee to the City pursuant to this Agreement. Licensee must not deduct any technical changes and modifications costs from, or offset such expenses against, any taxes, fees or assessments levied or imposed by the City on Licensee. 10. Acknowledgement and Waiver of Claims. Licensee acknowledges that it has had an opportunity to review the terms and conditions of this Agreement and that under current law Licensee believes that said terms and conditions are not unreasonable, arbitrary, and that Licensee has voluntarily entered into this Agreement and that Licensee believes City has the power to require the terms and conditions contained in this Agreement. Licensee agrees that it will not, at any time, set up against City in any claim or proceeding, any condition or term of the this Agreement as unreasonable, arbitrary, void as of the Effective Date of this Agreement or that City had no power or authority to require such term or condition. 11. Design. Licensee's video network shall be fully integrated with its telephone network and shall use an Ethernet-based, switched digital video service (not a QAM-based broadcast system). The Cable System shall have a fully activated capability to provide broadcast quality of equal quality to those provided over a traditional 750 MHz or higher hybrid fiber coaxial cable system. Licensee shall make available high definition ("HD") capability to all Subscribers. 12. Digital Capability. The Licensee must design the System so that channel capacity may be readily expanded and digital - programming delivered to Subscribers through digital video compression or similar appropriate technology without compromising signal or service quality or requiring alterations, upgrading or reconstruction. 13. System and Institutional Network Build Schedule. a. Licensee must install and thereafter maintain the functionality and access of the System and is responsible for all malfunctions of such System, including without limitation the repairing of damaged cables, conduit facilities, and any other portion of the System at Licensee's cost, regardless of how such damage occurred, unless it was caused by the negligence of City, in which case Licensee is still 9 responsible for repair but may seek reimbursement of actual costs (without markup) from City. b. Failure to commence and diligently pursue the above requirements in this subsection and to complete each of the matters set forth above, shall be grounds for liquidated damages or termination of the License. C. ThE! City Council, in its discretion, may extend the time for the commencement and completion of construction and installation for additional periods if the Licensee acting in good faith experiences delays by reason of circumstances beyond its control. Such extension shall be considered in a public hearing with both Parties executing a written extension agreement after a vote of the Mayor and City Council. 14. System Acceptance Schedule. The procedure set for acceptance of the system for purposes of Term renewal is set forth in section 2(D). 15. Emergence Alert System and Audio Emergency Override. Licensee must install and thereafter maintain for use by the City, an Emergency Alert System ("EAS"), as required by FCC rules and regulations currently in effect and hereinafter amended. As a component of the EAS required by FCC rules, if and when it is technically feasible for local government to have EAS override capability, the Licensee must also provide a secure audio emergency override system to permit City Officials -to interrupt the audio portion of all channels for the purpose of transmitting public safety, health, and welfare messages to all Subscribers. In the event that both systems are simultaneously activated, the Emergency Alert System shall take priority over the Audio Emergency Override System. 16. Public Service Drops. a. Public Buildings. Licensee must provide, free of charge and not subject to offset against the License Fee, throughout the term of this Agreement, one (1) service drop, two (2) outlets and two (2) converter units if necessary, and Basic Service and Expanded Basic Service (i.e. together the equivalent of sixty (60) or more Channels of programming) or the future analog or digital equivalent of such service tiers offered by 10 Licensee in the City ("Complimentary Service") to all to all governmental or educational buildings in the City and such other public institutions subsequently designated by the City as determined in the City's sole discretion including but not limited to: City Hall, the Multi-generational Center, the Library, the Public Works Department, Animal Control Division, the Police Department, and the Parks and Recreation Department Buildings (former City Attorney, City Court, and current Parks and Recreation Administration office buildings) ("Public Buildings") provided however, that such Public Buildings are within four thousand (4,000) cable feet of an activated Remote Terminal a +s . Subject to the City providing all required Easements to Licensee if not already granted, all standard drops must be completed within thirty (30) calendar days of the request of such service drop. b. Designated Representative. For purposes of this Section, the term "Designated Representative" shall include anyone designated by the local governing body responsible for the Public Building in question. The Designated Representative may request complimentary service to Public Buildings which shall be made in writing. Licensee is solely responsible for all costs of extension for any installation which is less than 4,000 copper loop-feet Licensee's activated Remote Terminal. C. The City acknowledges and agrees that Licensee shall have no obligation to provide complimentary service to any private person or entity which is occupying space in a Public Building. 17. Residential and Commercial Service Drops. Licensee must make Cable Service available to any residential dwelling unit or any commercial establishment within the City at the standard connection charge if the connection requires a Standard Drop. Such service must also be completed within seven (7) calendar days from such date of request, subject to Licensee's diligent efforts to obtain any required Easements or permits and for payment for any additional facilities. 18. Interconnection. Licensee must design the System so that it may be interconnected with all of the other cable systems or 11 similar communications systems in the City. Interconnection of systems may be made by any appropriate methods that ensure no material degradation of signal or service occurs between -the connected systems. 19. Provision of Cable Service in General. Licensee must make cable service available to each residential dwelling unit in the City located within four thousand (4,000) cable feet of a Remote Terminal. 20. Annual Meeting. At a minimum, each year this License is in effect, Licensee must meet with the City in the first quarter of the calendar year and provide a detailed report to the City the Licensee's construction schedule for the next year, including mapping. Additional meetings may be coordinated by either Party throughout the year, if necessary. 21. Seasonal Service. For Subscribers desiring only seasonal service, (Licensee shall either offer seasonal service at a reduction from its standard rates or shall offer a reduced prescheduled seasonal installation and disconnection charge. 4. OPERATION AND MAINTENANCE PROVISONS A. Customer Service Standards. Licensee must furnish, render and sell Cable Service to its subscribers in a manner which, at a minimum, conforms to the FCC Customer Service Standards pursuant to 47' C.F.R. 76.309 and 47 C.F.R. 76.1601-1603, as amended from time to time and so long as those standards exist. Notwithstanding Licensee's obligation to comply with the above FCC Customer Service Standards, Licensee must at all times comply with the following specific standards: 1. System O1Ffice Hours and Telephone Availability. a. Licensee must establish and maintain at least one (1) publicly listed local telephone number or toll-free telephone number which is available to cable Subscribers and the public twenty-four (24) hours a day, seven (7) days a week. (i) Trained representatives of Licensee must be available to respond to Subscriber telephone inquiries during normal business hours. 12 (ii) After normal business hours, an access line will be available to be answered by a service or an automated response system, including a phone answering system. Inquiries received after normal business hours must be responded to by a trained representative of Licensee on the next business date. (iii) Telephone equipment must be made available to permit persons with hearing impairments to communicate with the Licensee. b. Under normal operating conditions, where "normal operating conditions" has the same meaning as in the FCC Customer Service Standards, each of the following four (4) standards must met not less than ninety percent (90%) of the time, as measured by Licensee on a quarterly basis: (i) Telephone answer time by a customer representative, including waiting time, will not exceed thirty (30) seconds from when the connection is made. (ii) If the call needs to be transferred, transfer time will not exceed thirty (30) seconds. (iii) Subscribers will receive a busy signal less than five percent(5%) of the time. (iv) No more than five percent (5%) of Licensee's calls from subscribers, measured monthly for the prior three (3) months, shall be abandoned, meaning a caller hangs up while on hold for a customer representative. C. Licensee must maintain at least one (1) physical office located no more than fifteen miles distance from Meridian Drive, Apache Junction, Arizona The physical office(s) must be a place(s) conveniently located where subscribers may pay their bills, register complaints and have them resolved, schedule installations and service calls, process new service requests, obtain assistance on technical problems, obtain and return converter boxes or other equipment, remotes and other customer premises equipment, and receive information on 13 Licensee and its services. Such office must be open at least those hours during which similar businesses in the service area are open to serve customers, Monday through Friday, and must include evening and weekend hours to meet the needs of residents of the City. In addition, Licensee must make available a direct contact telephone number of local personnel available to City staff in order to facilitate timely responses for questions and concerns of cable television customers who have contacted the City directly. Licensee agrees that: it shall not apply or seek to apply or make any claim that all or any part of costs associated with the requirements of this Section 4(A)(1) ("Local Office Coats") are Licensee Fee Payments under 47 U.S.C. § 542 and/or applicable state law nor are the Local Office Co;;ts to be considered other payments or contributions to be made by Licensee to the City pursuant to this Agreement. Licensee must not deduct any Local Office Costs from, or offset such Local Office Costs against, any taxes, fees or assessments levied or imposed by the City on Licensee. d. It is customary for Licensee to pick up and deliver equipment directly to subscribers. However, in addition to the physical office requirement noted above Licensee shall provide five (5) locations conveniently located within the City limits for, paying bills, ordering service, and other cable TV administrative services. 2. Installations, Outages and Service Calls. a. Under normal operating conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time, as measured by Licensee on a quarterly basis: (i) Standard installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located within four thousand (4,000) cable feet of a Remote Terminal. (ii) Excluding conditions beyond its control, Licensee will begin working on service interruptions, as defined herein, promptly and in no event later than twenty-four (24) hours after 14 the interruption becomes known to Licensee. Licensee will begin actions to correct other service problems within twenty-four (24) hours after notification of the service problem. b. Licensee must not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. The appointment may be rescheduled as is necessary, but must not be canceled unless by subscriber request. C. As soon as Licensee is or should be aware that Licensee is behind schedule for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the Licensee must contact the subscriber by telephone unless the subscriber does not have a telephone number or refuses to provide such telephone number to Licensee. The appointment will be rescheduled, as necessary, at a time which is convenient for the subscriber. d. Service calls must be performed during a four (4) hour window that has been communicated to the subscriber at least five (5) calendar days in advance of such service call, unless otherwise requested by a subscriber. The convenience of Subscribers shall always be the primary accommodation goal of Licensee. 3. Communications Between Licensee and Subscribers. a. Notifications to subscribers: (i) Licensee must provide written information on each of the following areas at the time of installation of Cable Service, at least annually to all Subscribers, and at any time upon the request of a Subscriber. (a) Products and Cable Service offered; (b) Prices and options for Cable Service and conditions of subscription; (c) Installation and service maintenance policies; (d) Instructions on how to use the Cable Service; 15 (e) Channel positions of programming carried on the System; (f) Billing and complaint procedures, including the address and telephone number of the cable office. Subscribers will be notified of any changes in rates, programming services or channel positions as soon as �- practicable through announcements on the System and in writing. Licensee must notify Subscribers and the City a minimum of thirty (30) calendar days in advance of:such changes if the changes are within the control of Licensee. In addition, Licensee must notify Subscribers thirty (30) calendar days in advance of any significant changes and any other information required by the preceding paragraph. (ii) Billing: a) Bills will be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic service, premium service, and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. b) In case of a billing dispute, Licensee will respond to a written complaint from a Subscriber within thirty (30) calendar days _ from receipt of the complaint. c) Refund checks will be issued promptly, but no later than either: (i) the Subscriber's next billing cycle following resolution of the request or thirty (30) calendar days, whichever is earlier, or (ii) the return of the equipment supplied by Licensee if Cable Service is terminated. If for any reason any Subscriber terminates any monthly service prior to the end of a prepaid period, a prorated portion of any prepaid Subscriber service fee, using the number of days within the billing period as a basis, 16 must be credited to the Subscriber's account by Licensee. d) Credits for service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. e) Residential billing statements must include the local address and local phone number of the local Licensee office. B. Maintenance and Complaints. 1. Repair Force. Licensee must maintain a sufficient repair force of technicians that must respond to Subscriber complaints, loss of service or requests for repair. 2. Resolution of Complaints. Licensee must use its best efforts to resolve complaints as soon as practicable after the date complaints are received. 3. Prorated Billing Credit for Service Interruption. Upon a Subscriber's notification to Licensee of a Service Interruption, that Subscriber's account must be credited a prorated share of the monthly charge for the service if the Subscriber is without service for any reason, except Subscriber-inflicted damages to Licensee's equipment, for a period exceeding twenty-four (24) hours. 4. Complaints Received by the City. All Subscribers and residents may direct complaints and inquiries regarding Licensee's service or performance to the City. The City will promptly submit those complaints and inquiries to Licensee on a form upon which both parties agree. 5. Relocation of the System. Licensee must, at its expense, protect, support, disconnect, relocate, or remove any of its property when required by the City Manager (or designee) by reason of traffic conditions, public safety or welfare; street vacation; freeway or street construction or repair, change or establishment of street grade; installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks, or any other types of structure or improvements by public agencies. The City may disconnect, remove or relocate any of Licensee's facilities, which have 17 not been disconnected, removed or relocated within a reasonable period of time after a request from the City and Licensee must reimburse the City for its actual costs in disconnecting, removing, or relocating Licensee's facilities. Neither the City nor any agent, contractor or employee thereof shall be liable to Licensee, its customers or third parties for any damages caused them or the System due to any activities described in the preceding two sentences, except in the case of willful misconduct or gross negligence. The City shall use reasonable efforts to treat all occupants of public rights-of-way in a non-discriminatory manner with respect t;:) activities and obligations described herein, taking into account its reasonable ability to act given the differing regulatory regimes for, laws applicable to and claimed rights of different providers. 6. Discontinuance, Abandonment, and Removal of the System. Upon the revocation; termination, or expiration of this License, by (a) mutual agreement of the City and Licensee, (b) Licensee's acquiescence or failure to challenge same, or (c) a final order of a court which Licensee either does not appeal or from which there is no further right of appeal, then the following must occur. Licensee shall immediately discontinue the provision of Cable Services and all rights of Licensee to use the Streets shall cease. Licensee, at the direction of the City, must remove its System, including all supporting structures, transmission and distribution portions of the System that is owned by Licensee, and other appurtenances, fixtures or property from the Streets, in, over, under, along, or through which they are installed within six (6) months of the revocation, termination, or expiration of this License except that (a) Licensee may abandon its facilities in place with the City's consent, and (b) Licensee must not remove underground facilities without the City's consent in advance, which shall not be unreasonably withheld or delayed. Prior to .any removal, Licensee must notify the City and persons owning property abutting streets where removal will occur. Licensee must also restore all property it disturbs, public or private, to the condition in which the property existed prior to the installation, erection, removal, or construction of the System, including any improvements made to such property subsequent to the construction of its System. Restoration of streets and City property must be in accordance with the directions and specifications of the City, and all applicable laws, ordinances and regulations, at 18 Licensee's sole expense If such removal and restoration is not completed within six (6) months after the later of (i) revocation, termination, or expiration of the License and (ii) the receipt of any necessary consents from the City or any other parties, all of Licensee's property remaining in the affected streets must, at the option of the City, be deemed abandoned and shall, at the option of the City, become its property or the City may obtain a court order compelling Licensee to remove same. In the event Licensee fails or refuses to remove its System or to satisfactorily restore all areas to the condition in which they existed prior to the original construction of the System, the City, at its option, may perform such work and if such work is performed within one (1) year of the revocation, termination or expiration of this License collect the costs thereof from Licensee. No letter of credit must be released (during this one year period) until the City has certified to Licensee in writing that the System has been dismantled, removed, and all other property restored, to the satisfaction of the City. C. Discrimination. Licensee agrees that it will not discriminate among Subscribers and the public with regard to rates and charges or the provision of any service based on considerations of race, color, creed, sex, marital or economic status, national origin, political party, mental or physical disability or neighborhood of residence; and must comply with all non-discrimination requirements of applicable federal, state and local laws. 5. RESIDENT. PROPERTY OWNER OR TENANT REQUEST FOR ASSISTANCE PROCEDURE A. "Request for Assistance" means a written request for assistance delivered by the City via fax or e-mail to Licensee resulting from a concern received by the City from a resident, property owner, or tenant related to the construction, installation, operation or maintenance of Licensee's System. B. Upon receipt of a Request for Assistance from the City, Licensee must take action as described below: 1. Licensee must make every reasonable attempt to contact the resident, property owner, or tenant cited in the Request for Assistance in an attempt to resolve the issue causing the resident, property owner, or tenant's concern, the same day it is received. In no case shall the attempt occur later than the next business day. 19 2. Licensee must respond to the City, via fax, or e-mail within two (2) business days indicating when and what action(s) Licensee took in response to the Request for Assistance. 3. Licensee must maintain an accurate and complete log of the information contained and resulting from each Request for Assistance: the identity of the resident, property owner, or tenant and his/her concern, street address and telephone number, and when and what action(s) Licensee took in response thereto. The City may examine the log upon request. 4. Licensee must provide, in writing, upon request of the City, a detailed description of actions taken in response to a Request for Assistance. 5. Licensee must provide each Subscriber annually with a written statement describing in full the process for submitting a service request or Subscriber complaint. 6. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ("PEG") CHANNELS A. Required Access Channels. Within one hundred eighty (180) days after Licensee begins offering Cable Service in the City, Licensee will provide the City with up to two (2) public, educational, and governmental access channels ("PEG Channels") as determined in the City's sole discretion. The two PEG Channels shall be on the Basic Cable Service Tier of the System and two other channels of non-commercial government programming, at least one of which may be programmed by the federal government in the digital programming tier of the system, as provided for in A.R.S. § 9- ` 506(D)(1). Channel 11 and 99 shall be reserved for this capacity with a logo approved by the City. All costs associated with the obligations in this Section to commence PEG signals at the point of origination back to the headend and transmitted to subscribers with the same quality, functionality and identification as other channels on the system, shall be borne by Licensee. Except as provided in this Section, Licensee shall have no responsibility for the management, operation or administration of PEG Channels and shall have no editorial control pursuant to A.R.S. § 9-506(D)(1). B. Quality and Subscription Fees. PEG Channels must be located on the Basic Cable Service Tier awl shall be grouped together and located on the System in reasonable proximity to other commercial video channels on the System. Licensee will deliver the PEG 20 Channels to Subscribers at the same visual and audio quality, same functionality and at the same bit rate as Licensee delivers the primary signal of local television network broadcast stations on its Cable System ("Network TV"), such that the PEG channels are indistinguishable from Network TV in video and audio quality and functionality. Should Licensee convert the Basic Cable Service Tier to digital format, Subscribers must be able to continue to receive PEG Channels free of charge except for the standard rate applicable for the Basic Cable Service Tier. PEG Channels must be receivable by Subscribers without special expense, other than the expense required to receive Basic Cable Service or digital service, as applicable. Licensee must maintain PEG channels consistent with FCC technical standards. If no FCC standards for PEG Channels exist, Licensee must maintain PEG channels using FCC technical standards for local over-the-air television channels The City recognizes that Licensee is unable to improve the technical quality of PEG Channels but Licensee must not degrade the technical quality once it is received by Licensee. Licensee agrees not to encrypt PEG channels any differently than other commercial channels available on the System unless the City and Licensee mutually agree in writing to a non-traditional format that is not similar to those of broadcast channels. C. High Definition Transition of PEG Programming. Upon 180 day advance written notice to Licensee the City shall have the right to require that Licensee carry one (1) of the PEG Channels in both SD and HD format consistent with the manner and tier placement in which Licensee delivers the primary signal of Network TV. City shall have the sole discretion to determine which of its PEG Channels migrate to HD without the addition of mandates or content restrictions. HD resolution will be the same resolution used in Licensee's HD tier, such that the PEG HD channels are indistinguishable from Network TV in video and audio quality and functionality. Licensee will continue to carry the City PEG channels in SD format in addition to HD format as long as there are SD channels in Licensee's basic channel lineup. D. Obligations of Licensee. Licensee must permit the City to operate a production studio (the "Studio") located in City Hall as identified as above in Section 3, subsection 16, at a site determined by the City Licensee, at its sole cost, will design build and maintain all PEG upstream feeds, connections and distribution facilities between its video channel aggregation point and the Studio in a manner so that no degradation in signal quality or content as originated by City shall occur. Licensee must furnish a new state-of-the-art digital fiber optic transmission system consisting of transmitters and 21 receivers. Transmitters and receivers must be of the type consistent and compatible with current industry standards for the application of continuous conversion of broadcast quality audio and video to date for transport over fiber optic cable. Licensee must interconnect at its sole cost the Studio to the headend or other main distribution point of the System for distribution of the programming of the PEG Channels with the above-mentioned fiber optic cable to a point designated by the City. At the request of the City, Licensee at Licensee's cosh shall provide timely and reliable advice regarding acquisition, maintenance and use of any Studio and production equipment that may be obtained for that purpose by the City. 7. LICENSE FEE A. Payment to the City. 1. Use of Streets/Cost of Regulation. In consideration of the rights, powers and privileges, permission and authority granted by this Agreement, for use of the City's streets and other public rights-of-way, Licensee must pay to the City an amount equal to five percent (5%) of its Gross Revenues as defined in A.R.S. § 9-505 (6) as amended from time to time, received from the operation of the System in the City ("License Fee"). 2. Payment of Fee. Payment of the License Fee shall be in lieu of all occupational, encroachment permits, pole attachment or other license fees or charges imposed by the City, other than generally applicable business license fees and any fees or charges imposed by the City as a condition of issuing construction permits. 3. Revenue Not From Operation of Cable System. This Agreement does not excuse the payment of any occupational license fee, charge or tax relating to any business endeavor for which Licensee is not obligated to pay a Licensee fee, subject to applicable federal and state law. 4. Taxes of General Applicability. This Agreement does not prohibit the City from imposing on Licensee, as part of a group of businesses or activities, any tax, fee or assessment of general applicability that is not unduly discriminatory against operators of cable systems or their subscribers, subject to 47 U.S.C. § 542. 22 5. Quarterly Payments. License fee payments must be delivered to the City within forty-five (45) calendar days after the expiration of each quarter year ending December 31, March 31, June 30, and September 30. Each payment must be accompanied by a detailed statement of Gross Revenues by category received for the quarter in connection with the operation of the System in the City, and a report showing the computation of the fees. Each such detailed statement shall be signed by an authorized corporate officer of Licensee attesting to the accuracy of the detailed statement. 6. Acceptance of Payment Not Accord or Release. No acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Agreement. All amounts paid by Licensee shall be subject to audit by the City, at the City's expense. 7. Late Payment. All amounts paid by Licensee shall be subject to audit by the City, at the City's expense Any Access Support fees owing pursuant to this Agreement which remain unpaid more than thirty (30) calendar days after the dates specified herein shall be delinquent and shall thereafter accrue interest at the maximum allowable rate under state law. Interest shall begin to accrue immediately whether the City provides notice of nonpayment or not. 8. Early Termination of Agreement. In the event the Agreement is terminated for any reason before its normal termination date, the License fee shall be prorated to reflect the time elapsed since the last payment was made to the City. Licensee must pay to the City not later than thirty (30) calendar days following termination of the license the required percentage of Gross Revenues. B. Annual Financial Report. Licensee must deliver an annual report to the City Manager no later than ninety (90) calendar days after the close of Licensee's fiscal year which must include full audited financial statements for the previous year, including income statement, balance sheet, cash flow statement and appropriate explanatory footnotes, for Licensee or for its parent company. "Parent company" means CenturyLink Inc., which owns one hundred percent (100%) of Licensee. Financial statements must be audited by an independent certified public accountant. If the 23 parent company is a public company and the audited financial report of the parent company has not been published by the date due under this Section, then the audited financial report shall be deemed submitted on time if delivered to City within thirty (30) calendar days after publication. C. Annual Local Operations Report. Licensee must deliver an annual local operations report to the City Manager no later than ninety (90) calendar days after the close of the Licensee's fiscal year which shall be deemed submitted on time if delivered to City within thirty (30) calendar days after publication of the corresponding audited report in Section 7(B) above. Said report shall be specific to the City and to Licensee's operation of its System in the City, separate and apart from any corporate annual report compiled and provided by Licensee or its parent company, shall be certified as being correct by an authorized corporate officer of the Licensee, and shall include at a minimum: 1. A statement of revenues for the previous calendar or fiscal year, including Total Gross Revenues. 2. A summary of the previous year's activities including, but not limited to: services begun and/or dropped, Subscribers gained and/or lost and year-end totals, service area at beginning and end of year (map and text), revenues collected, License Frees paid to the City, plant miles constructed, plant miles activated, changes in local management and staff, rate structure and changes during the year, new services offered, programming changes, changes in service policies and/or procedures, and System technical changes. 3. At the times and in the form prescribed, such additional ` reports with respect to Licensee's operation, affairs, transactions, or property as may be reasonably necessary and appropriate for the evaluation of Licensee's performance under the License. D. Audit. The City, either by itself or in combination with other municipalities served by Licensee, may arrange for and conduct audits of the necessary financial records of Licensee for the purpose of versifying License fees. Audits may be conducted by any person designated by the City. The City shall notify Licensee at least seven (7) calendar days prior to the date it will begin reviewing Licensee's records. All records reasonably necessary for such audit must be made available by Licensee at a location in the City limits. Any additional amount due the City must be paid 24 within thirty (30) days of the City's submitting an invoice for such sum, and if such sum shall exceed three percent (3%) of the total License Fee which the audit determines should have been paid for any calendar year, Licensee must pay the City's cost of auditing that calendar year as well. Notwithstanding the above, if Licensee or Licensee's auditor disagrees with the City's determination that the additional amount due exceeds three percent (3%), the City's auditor and Licensee's auditor shall choose a neutral auditor who shall make a determination, which is final and binding on both parties as to whether the three percent (3%) amount was exceeded. The cost of the neutral auditor shall be borne equally by the Parties. E. Access to Records. In addition to access to the records of Licensee for financial audits, Licensee must make available to the City, upon seven (7) calendar days written notice to Licensee, and the City shall have the right to inspect, such books, records, maps and other materials of Licensee that are necessary to verify compliance with the terms of this Agreement, at Licensee's closest office where such records are normally maintained, during normal business hours and on a non-disruptive basis. The records subject to inspection must include, but not necessarily be limited to, all public records required to be kept by Licensee in a public file pursuant to the rules and regulations of the FCC. The location of the records to be inspected shall be no farther than 50 air miles from City Hall in Apache Junction, Arizona. 8. RATE REGULATION A. All Rights Reserved. The City reserves all of its rights to regulate the Licensee's rates to the maximum extent permitted by law. 9. INDEMNIFICATION, LIABILITY INSURANCE AND BONDS AND LETTERS OF CREDIT A. Disclaimer of Liability. The City shall not at any time be required to pay from its own funds for injury or damage occurring to any person or property from any cause whatsoever arising out of Licensee's construction, reconstruction, maintenance, repair, use, operation, condition or dismantling of the System or Licensee's provision of Cable Services. B. Indemnification. To the fullest extent permitted by law, Licensee must, at its sole cost and expense, indemnify, defend and hold harmless the City and all associated, affiliated, allied and subsidiary entities of the City, now existing or hereinafter created, and it's their 25 Mayor and City Council, officers, appointees, boards, commissions, employees, agents, attorneys, contractors, and volunteers (hereinafter referred to as "Indemnitees") from and against: 1. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, — incurred by or be asserted against the Indemnitees by reason of: any act or omission of Licensee, its personnel, employees, agents, contractors or subcontractors, resulting in economic harm, PE-rsonal injury; bodily injury, sickness, disease or death to any person or damage to, loss of or destruction of tangible or intangible property, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name, copyright, patent, service mark or any other right of any person, firm or corporation; and any challenge to this agreement based on unequal competition which may arise out of or be in any way connected with Licensee's construction, reconstruction, installation, operation, maintenance or condition of the System and any other facilities authorized by or permitted due to the issuance of this License, including those arising from any matter contained in or resulting from the transmission of programming over the System, but excluding any programming provided by Indemnitees which is transmitted over the System; the provision of Cable Services or other services authorized by or permitted due to the issuance of this Agreement, the release of Hazardous Substances, or; the failure to comply with any Federal, state or local statute, ordinance or regulation. _ 2. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and other consultants), which are imposed upon, incurred by or asserted against the Indemnitees by reason of any claim or lien arising out of work, labor, materials or supplies provided or supplied to Licensee, its contractors or subcontractors, for the installation, construction, reconstruction, operation or maintenance of the System and any other facilities authorized by or permitted due to the issuance of this License or the provision of Cable Services or other services authorized by or permitted due to the issuance of this Agreement. 26 3. Any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees by reason of any financing or securities offering by Licensee or its Affiliates for violations of the common law or any laws, statutes, or regulations of the State of Arizona or the United States, including those of the Federal Securities and Exchange Commission, whether by Licensee or otherwise. 4. Licensee's obligation to indemnify Indemnitees under this License must extend to claims, losses, and other matters covered in this Agreement that are caused or contributed to by the negligence of one or more Indemnitees. However, in such case, the obligation to indemnify shall be reduced in proportion to the negligence of the Indemnitees. C. Assumption of Risk. Licensee undertakes and assumes for its officers, agents, contractors and subcontractors and employees (collectively "Licensee" for the purpose of this Section), all risk of dangerous conditions, if any, on or about any City-owned or controlled property or public rights-of-way, and Licensee hereby agrees to indemnify and hold harmless the Indemnitees against and from any claim asserted or liability imposed upon the Indemnitees for personal injury or property damage to any person, other than from Indemnitees' gross negligence, arising out of Licensee's installation, operation, maintenance or condition of the System or other facilities or Licensee's failure to comply with any Federal, state or local statute, ordinance, or regulation. D. Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Licensee shall, upon notice from any of the Indemnitees, at Licensee's sole cost and expense, resist and defend the same with legal counsel selected by Licensee and consented to by the City, such consent not to be unreasonably withheld; provided, however, that Licensee shall not admit liability in any such matter on behalf of the Indemnitees without their written consent and provided further that Indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Licensee. 27 E. Notice, Cooperation and Expenses. The Indemnitees shall give Licensee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent the Indemnitees at their own expense from cooperating with Licensee and participating in the defense of any litigation by their own counsel. F. Insurance. During the Term of the License and any extensions thereto, Licensee must maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: 1 Worker's, compensation insurance meeting Arizona statutory requirements and employer's liability insurance with minimum limits of Two Million Dollars ($2,000,000) for each accident. 2. Comprehensive commercial general liability insurance with minimum, limits of Ten Million Dollars ($10,000,000) or less as may be determined in the sole discretion of the City as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall include coverage for: products and completed operations liability; independent contractor's liability; and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as explosion, collapse and underground ("XCU") coverage. 3. Broadcaster's liability coverage for loss or damage arising out of publications or utterances in the course of or related to ` advertising, broadcasting, telecasting or other communication activities conducted by or on behalf of Licensee with minimum limits of Ten Million Dollars ($10,000,000) or less as may be determined in the sole discretion of the City as the combined single limit for each occurrence. 4. Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by Licensee, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of the Arizona No-Fault Insurance Law, with minimum limits of Two Million Dollars ($2,000,000) as the combined single limit for each occurrence for bodily injury and property damage. 28 5. The policies required by this Agreement shall contain a waiver of transfer rights of recovery (subrogation) against City, its Mayor and City Council, agents, appointees, representatives, directors, officials, officers, employees, and volunteers for any claims arising out of the work of any of Licensee's contractors or subcontractors. 6. All insurance policies other than those for worker's compensation and pollution legal liability insurance shall be written on an occurrence and not on claims made basis. 7 The coverage amounts set forth above may be met by a combination of underlying primary and umbrella policies so long as in combination the limits equal or exceed those stated. 8. All policies of insurance shall contain a waiver of subrogation clause consistent, however, with Section 9(B)(3) above. 9. All insurance policies shall be written with a zero dollar deductible (no deductible). 10. As between the City and/or Additional Insureds on the one hand, and Licensee on the other hand, if more than one policy of insurance does or may apply to a given claim or matter, then the policy maintained by Licensee pursuant to this License shall be deemed the primary policy, and that policy shall contain a provision that states that it is the primary policy as opposed to any other policy of insurance that may apply to the City and/or Additional Insureds on any given claim or matter. The term "policy of insurance" as applied to the City/Additional Insureds shall include any self-insurance program, self-insured retention or deductible or risk pooling program, or an indemnification, defense or other similar program purchased or maintained by the City/Additional Insureds. 11. All coverages specified in this Section F shall automatically increase by ten percent (10%) on every fifth (5") anniversary date of this Agreement. G. Performance Bond. Licensee agrees to the construction requirements set forth in this Agreement, and shall comply with Chapter 14 of the A.J.C.C. regarding insurance, bonds, and letters of credit by obtaining a corporate performance bond and an irrevocable letter of credit solely for the purpose of guaranteeing 29 the construction of the System and safeguarding the private property during construction. Licensee shall maintain a performance bond in the amount of One Hundred Thousand Dollars ($100,000), and an irrevocable letter of credit in the amount of Twenty Five Thousand Dollars ($25,000), both being provided to the City Attorney within thirty (30) calendar days after execution of this Agreement and prior to any construction work in the public rights- of-way. Where any portion of any required bond is drawn down by the City, Licensee shall immediately cause the full amount of the drawn down bond to be reinstated to the stated amount herein. 10. LIQUIDATED DAMAGES A. Licensee understands and agrees that failure to comply with any time and performance requirements in this License or Chapter 14 of the A.J.C.C., will result in damage to the City, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the Parties hereby agree to the liquidated damages specified in Chapter 14 of the A.J.C.C., incorporated by reference herein. B. Prior to assessing any of the liquidated damages set forth in this License and Chapter 14 of the A.J.C.C., the City Manager shall give licensee seven days written notice of its intention to assess damages. If the City Manager concludes that Licensee is in fact liable for liquidated damages pursuant to this Section 10, the City Manager shall issue to Licensee by certified mail a Notice of Intention to Assess Liquidated Damages. The Notice shall set forth the nature of the violation and the amount of the proposed assessment. Licensee must, within thirty (30) calendar days of receipt of such notice: 1. Respond to the City in writing, contesting the City's assertion of violation and providing such information or documentation as may be necessary to support Licensees position; or 2. Cure any such violation (and provide written evidence of the same), or, in the event that, by the nature of the violation, such violation cannot be cured within such thirty (30) calendar day period, take reasonable steps to cure said violation and diligently continue such efforts until said violation is cured. Licensee shall report to the City, in writing, at 30-day intervals as to Licensee's efforts, indicating the steps taken by Licensee to cure said violation and reporting Licensee's progress until such violation is cured. 30 C. In the event that Licensee contests the City's assertion of violation or fails to respond to the City's notice of intent to assess liquidated damages, within fourteen (14) calendar days the City shall schedule and then conduct a hearing in accordance with the procedures set forth in Article 14 of the A.J.C.C. At the public hearing the City may affirm or deny the violation in whole or in part. To the extent the City affirms the violation, it may fashion and enforce any appropriate remedy therefore including up to revocation of this Agreement. The City's decision shall be reduced to writing and delivered to Licensee. If the appropriate remedy is revocation of this Agreement, then such revocation shall not take effect until at least thirty (30) calendar days following delivery of the City's written decision to Licensee. 11. TRANSFERS AND ASSIGNMENTS A. Transfer of License. This License shall not be sold, assigned, or transferred, either in whole or in part, or leased, sublet (except as provided in 11(H) below), nor shall title thereto, either legal or equitable or any right, interest or property therein, pass to or vest in any person, without the prior written consent of the City, which consent shall not be unreasonably withheld. The sale or transfer of the License to an Affiliate of Licensee in all cases requires at least sixty (60) calendar days prior written notice to City, but does not require prior approval of the City as long as: (i) the sale or transfer of the existing or newly created equity interest in the Licensee does not result, directly or indirectly, in a transfer of Control of the Licensee; and (ii) the transferee already holds an ownership interest in the Licensee of twenty-five percent (25%) or more. Such consent shall not be required for a transfer in trust, mortgage, or other hypothecation in whole or in part to secure an indebtedness. The proposed assignee must show the transfer will not cause any increased risks of nonperformance of the License or any loss to the City of it's bargained for consideration in this License. The assignee's showings must at a minimum detail facts sufficient to show the assignee's technical ability, financial capability, legal qualifications, and general character qualifications and such other qualifications as reasonably determined by the City and the assignee must agree to comply with all provisions of this Agreement. B. Transfer of Control. No change, transfer, or acquisition of control of Licensee shall occur without the prior written consent of the City, which consent shall not be unreasonably withheld. Any sale or transfer of stock in Grantee so as to create a new controlling interest in the System shall be subject to the requirements of this 31 Section 11. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. C. Notification: Licensee shall notify the City in writing no less than sixty (60) calendar days in advance of any actual or proposed change in, or transfer to, or acquisition by any other party, of control of LICEmsee. The sale or transfer of this License to an Affiliate of Licensee does not require prior approval of the City as long as: (i) the sale or transfer of the existing or newly created equity interest in the Licensee does not result, directly or indirectly, in a transfer of control of the Licensee; and (ii) the transferee already holds an ownership interest in the Licensee of twenty-five percent (25%) or more. D. Rebuttable Presumption: A rebuttable presumption that a transfer of control has occurred shall arse upon the acquisition or accumulation by any person, or group of persons (other than an Affiliate of Licensee), of more than twenty-five percent (25%) of the voting interest. of the Licensee or of the person exercising management authority over the Licensee. The burden is on the Licensee to rebut this presumption. E. Hearing: Except in the case of an assignment of this License to an affiliate of Licensee as described above, upon written notification by the Licensee to the City of a proposed assignment of this License, or transfer of control or ownership of the Licensee, the City Manager shall issue his or her written notice fixing and setting forth the day, hour, and place certain when and where any persons having any interest therein may appear and be heard for a hearing. The City Manager shall cause such notice to be published in a newspaper of general circulation within the City. The City Manager also shall cause a copy of such notice to be mailed to the Licensee at least ten (10) calendar days prior to the date specified for the hearing. At the time set for such hearing, or at any adjournment thereof, the City Manager shall proceed to hear the matter. Following the close of such hearing, the City Manager shall prepare and file with the City Council his or her report of the hearing, his or her findings, and an opinion containing his or her recommendations to the City Council and the reasons therefore. If after the expiration of ten (10) calendar days following receipt of the City Manager's report and opiniion, the City Council shall find that the assignment of this License or transfer of control or ownership of Licensee will not be detrimental or injurious to the best interests and welfare of the subscribers and users, and of the City, then the City Council by resolution shall consent to the assignment of the License or transfer 32 of control or ownership of the Licensee. Such resolution shall there upon become and shall be a part of this Agreement. F. Not a Waiver of Rights: The consent or approval of the City Council to any transfer of this License shall not constitute a waiver or release of the rights of the City in and to the public rights-of-way, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this Agreement. G. Payment of Fees: Notwithstanding any other requirement of this License, each applicant for a transfer or assignment must furnish with its request a nonrefundable filing fee in the amount established by the City Council, by cash, certified or cashier's check, wire transfer, or in any other manner acceptable to the City Manager made payable to the City. No proposal for a transfer or assignment of a License shall be considered without receipt of said fee. The fee will be used for the purpose of covering the City's cost in consideration of a transfer or assignment of this License. H. Signature Required: In no event shall a transfer of ownership be approved or effective without the successor-in-interest first becoming a signatory to this Agreement. I. Grant, Rent or Lease of Systems: As long as a grant, rent, or lease does not amount to a transfer and is made in the ordinary course of business with prior notice to the City, Licensee in the normal course of providing Cable Services may grant, rent, or lease use of its System to other persons. Any such use shall be restricted to and consistent with such uses as the Licensee is authorized in this License or under other applicable law. Any such use shall be in compliance with applicable Federal and state law. Any such grants, lease, or rent by the Licensee shall not, however, thereby relieve Licensee of any requirement or obligation under this License as to its use of the Streets, and any such grant, rent, or lease shall require that such other person comply with the appropriate provisions of the City Code, and the License as such use warrants. The grant, lease, or rent shall expressly provide for the authority of the City under applicable law to regulate the use provided by the grant, lease, or rent (including but not limited to the authority to protect the public welfare, safety, and health) and to enforce compliance with any applicable standards established by the City Code or this License. J. Void Ab /nitio: Any attempted transfer or assignment action by Licensee that does not in all ways comply with this Section 11 shall be void ab initio. 33 K. Novation Prohibited: Except as provided in this Section 11, no other substitution of Licensee creating a novation shall occur without the prior written consent of the City which may be withheld at the sole discretion of the City. 12. MISCELLANEOUS PROVISIONS A. Time of the Essence. Whenever this Agreement sets forth any time for any action to be performed by, or on behalf of, Licensee, that time shall be deemed of the essence. B. Subsequent Action by State or Federal Bodies. 1. Complete Agreement. It is the intent of the City and Licensee that the terms, conditions and obligations set forth in this Agreement govern their relationship for the full term of the Agreement. With the exception of Sections 3(A)(9), 4(A)(1) and 5(E), in the event that any court, agency, commission, or other authority of competent jurisdiction declares this Agreement invalid, in whole or in part, or requires Licensee either to: (a) perform any act which is inconsistent with any provision of this Agreement, or (b) cease performing any act required by any provision of this Agreement, then Licensee shall not be required to comply with any term declared invalid and shall comply with any requirements of the court. 2. Clarification of Law. Unless otherwise set forth in this Agreement, either Party may seek a ruling about the applicability to the terms of this Agreement of any court determination, federal or state law or regulation rendered, issued, approved, adopted or enacted after the execution of this Agreement. C. Non-enforcement by the City. Licensee shall not be relieved of its obligation to comply with any of the provisions of this Agreement by reason of any failure of the City to enforce prompt compliance. D. Delays and Failures Beyond Control of Licensee or the City. Neither City nor Licensee, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with all applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather. 34 E. Conflicts of Interest. The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. F. Severability. The City and Licensee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, with the exception of Sections 3(A)(9), 4(A)(1) and 5(E), in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring the City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. G. Written Notice. All notices, reports or demands required to be given in writing under this Agreement shall be deemed to be given when delivered personally to Licensee or to the City or when three (3) business days have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given. The addresses may be changed by either party upon notice to the other party given as provided in this Section. At the time of this continuation of this Agreement by the City Council, the addresses of the parties are as follows: City of Apache Junction: City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Attention: City Manager 35 With a non-binding courtesy copy to: City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Attention: City Attorney Licensee: Qwest Broadband Services, Inc. dlbla CenturyLiink 1801 California St., 10t' FI. Denver, CO 80202 Attn- Public Pollicy With a non-binding courtesy copy to: CenturyLink 20 E. Thomas St. Phoenix, AZ 85,012 Attention: Pubhc Policy No notices, reports or demands to the City shall be deemed delivered unless a true and complete copy of each such notice, report or demand is simultaneously delivered to the following, which is only an administrative notice, and does not by itself constitute written notice: City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Attn: City Attorney Licensee and City may from time-to-time substitute new service addresses and served parties by giving the other no less than thirty (30) days written notice to the other. H. Titles. Titles to sections and subsections of this Agreement are provided for ease of locating information within the Agreement. A title shall not be deemed to change or alter the meaning of any section or subsection. The language of each section and subsection shall control its interpretation. I. Modification. Except as otherwise provided in this Agreement, or by applicable law, no provision of this Agreement shall be amended or otherwise modified (by passage of a subsequent ordinance or code 36 or otherwise), in whole or in part, except by an instrument in writing duly executed by the City and Licensee. J. Governing Law Venue and Attorney Fees. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried only in a state court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby unconditionally waive all provisions of law providing for a change of venue in such proceeding to any other county or for removal to federal court. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such final and non-appealable action to the percentage it prevails may recover its costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action only as may be awarded by the Court. For purposes of this provision, reasonable attorney fees must be calculated as the average of all independent legal counsel practicing in the City of Apache Junction, Arizona. K. No Third Party Beneficiaries. By entering into this Agreement, the Parties expressly do not intend to create any obligations or liabilities, or promise any performance to, any third party, nor have the Parties created for any third party any right to enforce the terms of this Agreement. L. Relationship between the Parties. Nothing contained in this Agreement shall be construed as creating an association, trust, partnership, joint venture, or agency relationship of any kind between the Parties. Each Party shall be individually liable for its own duties, obligations and liabilities under this Agreement. M. Mutual Representations and Warranties of Authority. The Parties each represent and warrant that they have full authority to enter into and to perform under this Agreement, and that no further approvals, licenses or actions by a governmental agency are required by either Party to execute and enter into this Agreement. N. Conflict Between Ordinance and Agreement. In the event of any conflict between the terms and conditions of this Agreement and the provisions of the Ordinance, the provisions of this Agreement shall control. Licensee expressly acknowledges and agrees that 37 the City hereby retains all of its police powers and the City may unilaterally amend the Ordinance in the exercise of its police powers and Licensee shall comply with said Ordinance as may be amended. By executing this Agreement both the City and Licensee acknowledge and agree that neither is aware of any conflicts between this Agreement and the Ordinance. O. GGRtFaGt+11Q-S£:r-v;Ge Business License and Privilege License Tax A licability. Licensee represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Licensee understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Licensee agrees to obtain a business license pursuant to Article 8 of the Apache Junction City Code and a privilege license to the extent the Apache Junction City Tax Code is applicable and keep such licenses current during the term of this Agreement. Any activity by subcontractors within the corporate City limits, will invoke the :same business and tax regulations on any subcontractors, and Licensee ensures its subcontractors will obtain any required licenses. All contractors and subcontractors shall also provide proof of insurance for all right-of-way work as dictated by the Public Works Department Director. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 38 WRITTEN ACCEPTANCE OF LICENSE AGREEMENT Accepted and approved without changes or modifications: Qwest Broadband Services, Inc. d/b/a CenturyLink, Inc. By: Title: Date: APPROVED AS TO FORM: Counsel for CenturyLink, Inc. STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20_, by as of Qwest Broadband Services, Inc. d/b/a CenturyLink, Inc. a Delaware corporation. Notary Public My Commission Expires: 39 ROLL CALL VOTE NOTES VIV ITEM # MEETING OF I MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI MMEMBER SERDY MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL i ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ACCEPTANCE OF THE CENTURYLINK CABLE TV LICENSE APPLICATION. 1) FILE CENTURYLINK APPLICATION AND PROPOSED CABLE TV LICENSE AGREEMENT (DECEMBER 16TH VERSION) IN A PUBLIC FILE AT THE CITY CLERK'S OFFICE PURSUANT TO APACHE JUNCTION CITY CODE, VOLUME 1, SECTION 14-1-16(A) AND MAKE IT AVAILABLE FOR PUBLIC INSPECTION 2) SCHEDULE ON THE JANUARY 20TH, 2015 COUNCIL AGENDA CONSIDERATION FOR APPROVAL OF THE CENTURYLINK APPLICATION UNDER NEW BUSINESS 3) SCHEDULE A PUBLIC HEARING ON THE PROPOSED CENTURYLINK CABLE TV LICENSE AGREEMENT UNDER PUBLIC HEARINGS ON FEBRUARY 3RD, 2015 FOR CONSIDERATION AND ACTION. 4) CAUSE A NOTICE TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION ONCE A WEEK FOR TWO CONSECUTIVE WEEKS ANNOUNCING THE FEBRUARY 3RD, 2015 PUBLIC HEARING WHERE CENTURYLINK'S PROPOSED CABLE TV LICENSE WILL BE DISCUSSSED AND CONSIDERED BY COUNCIL THE FIRST PUBLICATION SHALL BE PUBLISHED BETWEEN JANUARY 11 TH AND JANUARY 17TH, 2015 AND THE SECOND BETWEEN JANUARY 18TH AND JANUARY 24TH, 2015. r..�Jam` City of Apache Junction, Arizona 300E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12 File ID: 14-638 Sponsor.Joel Stern Agenda Date: 1/6/2015 Index: In Control-City Council Meeting Direction to staff on changes/repeal of certain provisions of the City Code, Volume 1, Chapter 14, Cable Television Attachments. City of Apache Junction,Arizona Page 1 Printed on 1 212 912 014 CHAPTER 14- CABLE SYSTFIS Page 1 of 35 Apache Junction, AZ Code of Ordinances CHAPTER 14: CABLE SYSTEMS Article 14-1. CABLE TELEVISION ARTICLE 14-1 : CABLE TELEVISION Section 14-1-1 Title 14-1-2 Intent and purpose 14-1-3 Definitions 14-1-4 Authority to grant license; license required; non-exclusive license 14-1-5 Application procedures 14-1-6 Standards for granting or denying license applications 14-1-7 License agreement required 14-1-8 Operating requirements for cable systems 14-1-9 Fees, bonds, letters of credit, liquidated damages and appeals 14-1-10 Termination and revocation 14-1-11 Renewal 14-1-12 Transfers and change of control 14-1-13 Indemnity and insurance 14-1-14 Administration 14-1-15 General provisions 14-1-16 Rights reserved to Council § 14-1-1 TITLE. This chapter shall be entitled the "City of Apache Junction Cable Systems Chapter " (Prior Code, § 14-1-1) file:///C:/Users/bduft/AppData/Local/Microsoft/W mdows/Temporary%20Internet%20Fi1 12/23/2014 CHAPTER 14 CAl3L�.,$YSTEMS ,... Page 2 of 35 § 14-1-2 INTENT AND PURPOSE. It is the intent of the city to promote the public health, safety and general welfare by providing for the grant of one or more licenses for the construction and operation of a cable system; to provide for the regulation of each cable system by the city; to provide for the payment of fees and other valuable consideration by a licensee to the city for the privilege of using the public rights-of-way for constructing and operating a cable system, to promote the widespread availability of cable service to city residents wherever economically feasible, including, but not limited to those who reside in multi-family buildings and in rural communities, to encourage the AOM` development of cable service as a means of communication between and among the members of the public and public institutions, and to encourage the provision of diverse information to the community over cable (Prior Code, § 14-1-2) § 14-1-3 DEFINITIONS. For purposes of this chapter,the following words, abbreviations and their derivations shall have the meanings given herein. Words not defined are given the meaning in § 602 of the Cable Act, 47 U S C § 522, and, if none,their common and ordinary meaning When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number,and words in the singular number include the plural number. The words MUST and SHALL are mandatory and the word AM is permissive. ACCESS CHANNEL. Any channel set aside under the license agreement for public use, educational use or governmental use without a charge to the user by the licensee for channel usage An ACCESS CHANNEL may be scheduled or may be operated so that any member of the general public may cablecast ACTIVATED CHANNELS. Those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether those services actually are provided, including any channel designated for public, education or governmental use. ACTUAL COST. The actual cost to the licensee of materials and labor necessary to perform installation, construction or maintenance of facilities AFFILIATE. Any person who owns or controls, is owned or controlled by, or is under common ownership or control with the licensee APPLICANT. Any person that applies for a license. APPLICATION. A proposal to construct and operate a cable system within the city,transfer a license, renew a license or modify a license.An application includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence. BASIC CABLE SERVICE. Any service tier that includes the retransmission of local television broadcast signals. CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.0 §§ 521 et seq. file-///C:/Users/bduft/AppData/Local/Microsoft/W indows/Temporary%20lnternet%20Fi1... 12/23/2014 CHAPTER 14: CABLE SYSTJ�LAS ,0*1 Page 3 of 35 CABLE OPERATOR. Any person or group of persons- (]) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in the cable system; or (2) Who otherwise controls or is responsible for,through any arrangement,the management and operation of such a cable system. CABLE SERVICE. The one-way transmission to subscribers of video programming or other programming services and subscriber interaction, if any,which is required for the selection or use of such video programming or other programming service CABLE SYSTEM or SYSTEM. (1) A facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the city, but the term does not include. (a) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) A facility that serves subscribers without using any public rights-of-way; (c) A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U S C §§ 201 through 226, except that the facility shall be considered a cable system if the facility is used in the transmission of video programming directly to subscribers, unless the extent of the use is solely to provide interactive on-demand services, (d) An open video system that complies with 47 U S C § 573; or (e) Any facilities of any electric utility used solely for operating its electric utility system. (2) The foregoing definition of cable system shall not be deemed to circumscribe or limit the valid authority of the city to regulate or license the activities of any other communications system or provider of communications services to the full extent permitted by law. CHANNEL. A 6 Megahertz(MHZ) frequency spectrum, which is suitable for carrying either 1 standard video signal, a number of audio, digital or other non-video signals or some combination of such signals CHANNEL EQUIVALENT. The system capacity required to provide the transmission of a video signal, with accompanying audio, that is in digital format and capable of producing sound and picture of NTSC quality or better, based on the compression technology then in use in the cable system. CITY. The City of Apache Junction, a municipal corporation of the State of Arizona, in its present boundaries, and its future boundaries as increased or decreased by law CITYMANAGER. The chief executive officer of the city or designee. COMPLAINT. A subscriber or citizen issue,presented in verbal or written form,to the licensee or the city relating to any regulatable aspect of the licensee's performance under this chapter. file ///C•/Users/bduft/AppData/Local/Microsoft/Windows/Temporary°ro20Internet%20Fil... 12/23/2014 CHAPTER 14. CABLF.�,YSTEMS r. Page 4 of 35 CONSUMER PRICE INDEX or CPI. The annual average of the Consumer Price Index for all Urban Consumers (CPI-U), as published by the Bureau of Labor Statistics CONVERTER. A tuning device which converts transmitted signals to a frequency which permits their reception on a television set. COUNCIL. The Council of the City of Apache Junction DAY. Calendar day A�k DWELLING UNIT. Any separate and distinct structure or part thereof which exists in finished form, occupied or capable of year-round occupation, and serves as a residence to one or more persons. Included in this definition, but not limited to are- all single family homes, each apartment unit, each condominium unit,patio homes, guest quarters and similar type structures. FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller. FCC. The Federal Communications Commission. FEDERAL AGENCY. Any agency of the United States. GRADE B CONTOUR. The field strength of a television broadcast station computed in accordance with regulations promulgated by the FCC. GROSS REVENUES. Any and all revenues received, or in anyway derived directly or indirectly by licensee, its affiliates, subsidiaries, parent or person in which licensee has financial interest of 5%or more, or by any other entity that is a cable operator of the system, from the operation of the licensee's cable system in city (including the studios and other facilities associated therewith)to provide cable services. GROSS REVENUES include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, per-program service or cable programming service, installation, disconnection, reconnection and change-in-service fees; upgrade and downgrade fees; leased channel fees, late fees; revenues from rentals or sales of converters, lock-out devices or other equipment, any studio rental,production equipment and personnel fees; advertising revenues, fees related to commercial and institutional usage of the i-net to provide cable service,to the ,^ extent permitted under the Cable Act, Internet access fees, cable modem service fees resulting from the provision of data services; barter, revenues from program guides; revenues from the sale or carriage of other cable-related services; and revenues from home shopping, bank-at-home channels and other revenue sharing arrangements GROSS REVENUES shall not include (1) To the extent consistent with generally accepted accounting principles, actual bad debt write-offs, provided, however,that all or part of any such actual bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected, or (2) Any taxes on services furnished by the licensee which are imposed directly on any subscriber or used by the state, county or other governmental unit and which are collected by the licensee on behalf of the governmental unit A license fee is not such a tax. INTERACTIVE ON DEMAND SERVICES. A service providing video programming to subscribers over switched networks on an on-demand,point-to-point basis, but does not include services providing video programming prescheduled by the programming provider LABOR COSTS. Actual cost to licensee of contract labor or hourly wages or apportioned salaries of licensee's employees plus fully loaded labor costs file-///C-/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%201nternet%20Fi1 12/23/2014 CHAPTER 14: CABLE SYSTYIS Page 5 of 35 LICENSE. An initial authorization,or renewal thereof(including a renewal of an authorization which has been granted subject to Title 47 U S C § 546), issued by a licensing authority, whether such authorization is designated as a franchise,permit, resolution, contract, certificate, agreement or otherwise,which authorizes the construction or operation of a cable system. LICENSE AGREEMENT. A contract entered into in accordance with the provisions of this chapter between the city and a licensee that sets forth the terms and conditions under which the license will be exercised. LICENSEAREA. The entire existing territorial limits of the city and any area annexed thereto during the term of the license. LICENSEE. Any person who has been granted a license by the city or any lawful transferee or successor interest MATERIAL COSTS. Actual cost of material to licensee, including sales tax and freight paid, plus handling and processing charges equal to 3%of material costs. MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR. A person such as,but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming NORMAL BUSINESS HOURS. Those hours during which most similar businesses in the community are open to serve customers. In all cases,NORMAL BUSINESS HOURS must include some evening hours at least l night per week and/or some weekend hours. NORMAL OPERATING CONDITIONS. Those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to,natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions Those conditions which are within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance, upgrade or rebuild of the cable system. OTHER PROGRAMMING SERVICE. Information that a cable operator makes available to all subscribers generally PERSON. Any individual, corporation, partnership, association,joint venture or organization of any kind and the lawful trustee, successor, assignee, transferee or personal representative thereof. PUBLIC RIGHTS-OF-WAY. The surface, the air space above the surface, and the area below the surface of any public street, highway, lane,path, alley, sidewalk, boulevard, drive, bridge, tunnel,park,parkway, waterway, easement or similar property within the city, which, consistent with the purposes for which It was dedicated, may be used for the purpose of installing and maintaining the cable system.No reference herein to a PUBLIC RIGHT-OF-WAY shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of the property is sufficient to permit its use for those purposes, and a licensee shall be deemed to gain only those rights to use as are properly in the city and as the city may have the right and power to give. file:///C./Users/bduft/AppData/Local/Microsoft/Windows/Temporary%201nternet%20F]i 12/23/2014 CHAPTER 14: CABLE,SYSTEMS ^ Page 6 of 35 SCHOOL. Any public educational institution, which is accredited by a nationally recognized institution, including primary and secondary schools, colleges and universities. SERVICE INTERRUPTION. The loss of picture or sound on one or more cable channels or channel equivalents. SERVICE TIER. A category of cable service or other services provided by a cable operator and for which a separate rate is charged by the cable operator STANDARD DROP. That cable connection which requires no more than 150-foot drop 'look, measured from the ground block on the subscriber's home or place of business to the nearest active tap on the cable system, involving only 1 outlet and standard materials and does not involve a wallfish In addition, a STANDARD DROP shall exclude custom installation work including specific subscriber requested work that requires nonstandard inventory or cable routing that requires construction methods exceeding reasonable underground or aerial work STATE. Any state or political subdivision, or agency thereof. STREET. The surface, the air space above the surface and the area below the surface of any public street, road, highway,path, sidewalk, alley, court, easement or other public right-of-way or public place now or hereafter held by the city, County of Pmal or State or Arizona for the purpose of public travel or public utilities SUBSCRIBER. Any individual or entity legally receiving, for any purpose, cable services of the licensee's cable system including, but not limited to, the basic service, redistribution of television broadcast signals, radio signals, licensee's original cable casting, community programming, government and education access channels and other services such as leased channels, data and facsimile distribution, premium and pay-per-view channels and police, fire and similar public service communication. SYSTEM OUTAGE. A service interruption affecting more than 10 subscribers SYSTEMREBUILD or REBUILD. A major improvement or enhancement in the technology or service capabilities made by the licensee to the cable system TWO-WAY CAPABILITY. The incorporation in a cable system of all appropriate design and engineering characteristics so that 2-way transmission, including addressability, over the system can be implemented with a minimum of expense The 2-way capability specifically includes, but is not limited to, services for internet access and pay-per-view as well as emerging technologies. USABLE ACTIVATED CHANNELS. Activated channels of a cable system, except those channels whose use for the distribution of broadcast signals would conflict with technical and safety regulations as determined by the FCC. VIDEO PROGRAMMING. Programming provided by, or generally considered comparable to programming provided by, a television broadcast station. (Prior Code, § 14-1-3) § 14-1-4 AUTHORITY TO GRANT LICENSE; LICENSE REQUIRED; NON- EXCLUSIVE LICENSE. file:///C:/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%201nternet%20Fi1... 12/23/2014 CHAPTER 14- CABLE SYSTF-4AS Page 7 of 35 (A) Pursuant to A.R.S. § 9-505, as amended,the Council has the authority to issue non- exclusive licenses to construct, install, maintain and operate cable communication systems within the city, and to regulate those cable operations. The Council's authority is also based in common law pursuant to the city's ownership of the fee simple title to the streets of the city as well as its legal interest in easements and licenses granted to it by property owners for the purposes of municipal use. (B) No provision of this chapter shall be deemed or construed to require the granting of a license. (C) No person shall construct, install or maintain a cable system within any street in the city, or within any other public property of the city, unless a license agreement authorizing such use of the streets or property is in full force and effect. (D) All licenses issued by the Council shall be non-exclusive, and the Council specifically reserves the right to grant such additional licenses for cable systems as the Council deems appropriate. (E) Any terms and conditions of agreements between licensee and other entities or municipalities shall not effect any of the terms and conditions including but not limited to the rates, services and work schedules, set forth in a license agreement negotiated between the city and licensee. (Prior Code, § 14-1-4) § 14-1-5 APPLICATION PROCEDURES. (A) Any person desiring to construct, install, maintain or operate a cable communication system within the city who is not lawfully the holder of a license to provide cable service in the city as of the effective date of this chapter shall submit an application to the Council. This application shall consist of executed application forms as prescribed and furnished by the city Failure of any applicant to fully provide all information requested on the application forms will be sufficient cause for not considering the application. This application shall be filed with the City Clerk. All applications filed with the City Clerk shall remain the property of the city and shall constitute a public record pursuant to state law The Council reserves the right to issue a request for proposals for cable system services at any time.Applications submitted pursuant to a request for proposals may be returned as non-responsive if they do not comply with all requirements of the request (B) Applications for consent to transfer a license or an interest in a license must conform to the requirements of Vol. I, § 14-1-12, while applications for renewal, must conform to Vol I, § 14-1-11 (C) An application for modification of a license agreement must at a minimum, include the following information: (1) The specific modification requested; (2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the impact on the applicant if the modification is not approved, file:///C:/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fil 12/23/2014 CHAPTER 14 CABLrOQYSTEMS Ao. Page 8 of 35 (3) A statement as to whether the modification sought is pursuant to 47 U S C. § 545, and, if so, a demonstration that the requested modification meets the legal standards of that section; and (4) Any other information necessary for the Council to make a determmation. (D) To be acceptable for filing, an application must be submitted with any required filing fee, be properly executed on the forms prescribed by the Council, and contain the information required by any required application form, this chapter and meet the requirements of any applicable request for proposals (Prior Code, § 14-1-5) § 14-1-6 STANDARDS FOR GRANTING OR DENYING LICENSE APPLICATIONS. (A) All applications received that are acceptable for filing shall be placed in a public file with the City Clerk. The Council shall publish notice of each application in a newspaper of general circulation within the proposed service area once a week for 2 consecutive weeks. The notice shall indicate the following. (1) The proposed service, or changes in service; (2) Proposed changes in ownership; (3) Where the application may be viewed, (4) The due date for submission of any written comments, and (5) The date and location of a public hearing on the proposed application. (B) Notice of the hearing shall be published and held in accordance with the provision of A.R.S § 9-507(B) All interested parties shall be afforded a reasonable opportunity to be heard. (C) The Council shall give full consideration to each application The following factors may be deemed appropriate and shall be considered. (1) The financial qualifications of the applicant and its ability to construct and operate the proposed system; (2) The need for and quality of the service proposed, including rates to subscribers, whether or not rates are to be regulated, (3) The technical, legal and character qualifications of the applicant, including applicant's willingness to abide by the limitations of this chapter, (4) Technical and performance adequacy of the proposed system design, plant and equipment, including any specific knowledge or experience the Council may have with the applicant; (5) Where an applicant proposes to overbuild an existing cable system, the economic and technical feasibility of multiple cable systems, the impact on the existing licensee's system and the public interest if the application were to be granted; and (6) All other factors which may affect the public interest. file:///C:/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Ft1 12/23/2014 CHAPTER 14: CABLE SYSTPIS 1001- Page 9 of 35 (D) Thereafter, the Council shall make a determination whether to approve or disapprove each application. (Prior Code, § 14-1-6) § 14-1-7 LICENSE AGREEMENT REQUIRED. (A) Upon the approval of an application by the Council,the applicant shall negotiate and execute a license agreement within 15 days If the Council and the licensee fail to agree on the terms of a license agreement within 15 days from the date that the Council approves the application,the approval shall expire without further action by the Council. This time limit may be extended by the Council only upon a majority vote of the Council. The license agreement shall incorporate all terms and provisions of this chapter wherein a requirement is placed upon the licensee, either expressed or implied by this chapter The licensee shall expressly and specifically agree to accept and be bound by the terms of this chapter (B) A license agreement shall have the minimum following characteristics, but the city and licensee may negotiate additional terms and conditions consistent with Vol. I, § 14-1-4,state and federal law- (1) It authorizes use of the public rights-of-way for installing cables,wires, lines and other facilities to operate a cable system,but does not expressly or implicitly authorize the licensee to provide service to, or install cable, wires, lines or any other equipment or facilities upon property without owner consent(except for compatible easements or rights-of-way pursuant to 47 U S.0 § 541(a)(2)), or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners It also authorizes the licensee to so use, operate and provide similar facilities or properties rented, licensed or leased from other persons, firms or corporations, including but not limited to,any public utility or other licensee licensed or permitted to do business in the city; provided,however,that neither the licensee nor the third party shall be relieved of any regulation or obligation as to its use of the facilities in the streets. (2) It is subject to the paramount right of use of the public rights-of-way by the Council and the public for public purposes The Council reserves the right to authorize use of public rights-of- way to other persons as it determines appropriate (3) It is nonexclusive and will not expressly or implicitly preclude the issuance of other licenses to operate cable systems within the city (4) It conveys no property right to the licensee or right to renewal other than as may be required by state or federal law. (5) It constitutes a contract between the licensee and the Council once it is approved by the Council and executed by both parties.A licensee contractually commits itself to comply with the terms,conditions and provisions of the license agreement and with all applicable laws, ordinances, codes, rules, regulations and orders. (6) In no case shall the term of any license agreement exceed 15 years commencing on its effective date.A greater period of time is prohibited file:///C•/Users/bduft/AppData/Local/Microsoft/W endows/Temporary%20Internet%20Fi1... 12/23/2014 CHAPTER 14- CABLYmSYSTEMS lo•. Page 10 of 35 (7) A licensee shall execute a hold harmless agreement as part of the license agreement which shall set forth the obligation of the licensee over and above the insurance requirements contained in the license and this chapter. (8) A licensee shall be subject to all laws, rules and regulations of the State of Arizona and the United States Government. (9) Any of the provisions of this chapter may be amended by the Council at any time. This chapter and the amended provisions shall be applicable to all existing license agreements, Aonb provided, however, that this chapter and the amended provisions shall not be applicable to an existing agreement where it would contravene a contractual right of the licensee under the license agreement. (10) All notices and communications from a licensee to the Council pursuant to this chapter or a license agreement shall be sent to the City Manager unless the licensee is otherwise directed. (11) Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations,the license agreement shall grant the right and privilege to the licensee to provide non-cable communications services. Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations,the Council shall retain all authority to regulate non-cable telecommunication services to the extent necessary to protect the public interest and to ensure compliance with all provisions of this chapter (Prior Code, § 14-1-7) § 14-1-8 OPERATING REQUIREMENTS FOR CABLE SYSTEMS. A licensee shall conform to the following minimum standards relative to the construction, operation and maintenance of a cable system in the city It is not the intent of this article to prevent any licensee from providing more than the required minimum to meet the standards listed below. (A) Rights of individuals, subscribers and users (1) A cable system shall be operated in a manner consistent with the principles of fairness and equal accessibility of facilities, channels, studios and other services to all residents and other entities having a legitimate use of the system A licensee shall not discriminate in terms of rates, terms of service or extension of service on the basis of age, race, creed, sex, religion, national origin or marital status Nor shall a licensee fail to extend service to any part of the city on the basis of the income of the residents This provision shall not restrict licensee's ability to provide senior citizen or other similar discounts. (2) A licensee shall maintain a business office open during normal business hours with listed local or toll-free telephone numbers to allow reasonable access by subscribers and members of the public The office shall be conveniently and centrally located within the corporate limits of the city. When the office is closed, an answering machine or similar device, capable of receiving service complaints and inquiries must be employed. The office shall be open to the public between the hours of 9.00 a m to 5.00 p.m. Mondays through Fridays, and 9 00 a.m. to 12.00 noon on Saturdays, during such hours licensee will provide staff to field all subscriber questions, complaints, billing procedures and exchange of converter boxes. file:///C./Users/bduft/AppData/Local/Microsoft/Windows/Temporary°%201ntemet%20Fil 12/23/2014 CHAPTER 14 CABLE SYSTEMS Page 11 of 35 (3) Licensee shall maintain a written record listing date of all complaints, identifying the subscriber or citizen, describing the nature of the complaint and when and what action has been taken by the licensee, if any, in response thereto; such record shall be kept at the licensee's office, and, subject to subscriber privacy laws, shall be available for inspection during regular business hours without further notice of demand of the City Manager A summary of such records must be retained for not less than 1 year The licensee shall notify each subscriber at the time of initial subscription of the procedure to reporting and resolving complaints (4) A licensee shall establish procedures for the investigation and resolution of all complaints including, but not limited to,those regarding the quality of service and equipment �► malfunction A copy of such procedures shall be provided to the Council upon request. (5) A licensee must provide each subscriber at the time cable service is installed, the following- (a) Written instructions for placing a service call, filing a complaint or requesting an adjustment, including the phone number and address of licensee's office, (b) The telephone number of the city office responsible for administration of the cable license, (c) A schedule of rates and charges for all available services; (d) Copies of the service contract, including disconnect and reconnect procedures and charges; and (e) A subscriber handbook and upon request any other written policies applicable to subscribers (6) A licensee shall establish and conform to the following policy regarding refunds to subscribers and users- (a) If the licensee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the licensee shall provide such service or equipment within 30 days of the collection of the deposit or charge or it shall refund the deposit or charge within 5 days thereafter upon request of the subscriber The subscriber must be advised of this right of refund at the time the order is placed, and (b) If any subscriber or user terminates any monthly service during a period of time for which the subscriber or user has made an annual or other payment in advance, the appropriate pro rata portion of the payment shall be refunded by the licensee (7) The following requirements shall apply to disconnections (a) There shall be no charge for total disconnection of cable service unless the charge was disclosed at the time the subscriber ordered service. All cable communications equipment shall be removed within a reasonable time from a subscriber's property at the subscriber's request, such time not to exceed 30 days from the date of the request; and (b) If any subscriber fails to pay a properly due monthly subscriber's fee or other charge, the licensee may disconnect the subscriber's service outlet, provided, however,that the disconnection shall not be effected until 30 days after the due date of the charges and shall include a prior written notice to the subscriber of the intent to disconnect.After disconnection, upon payment in full of all proper charges or fees, including the payment of any reconnection fi le:///C:/Users/bduft/AppData/Local/M icrosoft/W indows/Temporary%20Internet%2OF i1 12/23/2014 CHAPTER 14. CABL^YSTEMS ,/, Page 12 of 35 charge,the licensee shall promptly reinstate the service. The licensee may require a 60 day prepayment of services as a condition to reconnection. (8) Other than testing of the EAS system, a licensee may interrupt service on the cable system only for good cause and for the shortest time possible No prior notice shall be required for the performance of system maintenance work requiring a maximum of 1 hour between the hours of 2:00 a m and 6.00 a.m. (9) A licensee shall at all times comply with subscriber privacy provisions of 47 U S C § 551. (10) No equipment shall be installed by the licensee for subscriber service without first securing a service request from the owner or resident of any private property involved,except in public utility easements (11) A licensee shall not originate or knowingly permit subliminal transmission at anytime for any purpose whatsoever (12) A licensee shall make available leased access channels as required under 47 U S C. § 532. (13) A licensee shall strictly adhere to the equal employment opportunity requirements of the FCC, 47 U.S C § 554, state statutes and local regulations, and as the same may be amended from time to time. (B) Cable system construction timetable. (1) A cable system shall be constructed in accordance with the provision of the license agreement. (2) It is the policy of the Council to require construction of a cable system designed to serve subscribers in an area licensed by the Council as rapidly and expeditiously as possible. The licensee shall immediately upon granting of the license agreement diligently pursue and obtain all necessary permits from the appropriate governmental agencies, utility companies and others as necessary to comply with the provision of this chapter and other federal, state and city laws, codes and resolutions. Licensee shall comply with the City of Apache Junction Engineering Guidelines(Ordinance No. 932)and Article 13-3 of Volume I1 of the Apache Junction City Code regarding encroachment permits, currently in effect and as amended by Council. (3) A cable system shall be constructed pursuant to a construction timetable specified in the license agreement. (4) Any delay beyond the terms of the timetable specified in the license agreement may be considered a violation of the terms of this chapter and the license agreement Unless the licensee can establish that the delay was due to factors beyond its control,the licensee may be considered in default of the license agreement and the City Manager may take whatever action the City Manager is entitled to under this chapter and the license agreement (5) The licensee shall not be considered in default of the applicable construction schedule if the City Manager approves a modification of the schedule change in advance In submitting a request for a construction schedule modification, the licensee must fully explain the reasons for the delay, in writing. The delay must be disapproved by the City Manager if the request is not reasonably Justified,would have unreasonably discriminating results or would unduly delay file:///C-/Users/bduft/AppData/Local/MicrosoftlWindows/Temporary%20lnternet%20Fi1... 12/23/2014 CHAPTER 14. CABLE SYST mk4S ,^, Page 13 of 35 service to an area The modification request shall be considered granted unless the licensee is notified by the City Manager to the contrary in writing within 45 days of the date on which the request was filed. (6) The City Manager may require a licensee to report on construction progress and provide information showing specifically whether the construction schedule is being met and the reasons for the delay The City Manager shall determine the format to be used for the report and the frequency of reporting. (7) Where appropriate and reasonable, a licensee shall schedule construction activities to coordinate with any city construction on streets so as to avoid unnecessary inconvenience to the public (C) Line extension policy Unless the license agreement provides otherwise, a licensee shall be required to extend its cable system pursuant to the following requirements (1) Upon reasonable request for service by any person located within any area of the city that meets density requirements of division(C)(2)below,the licensee shall,within 30 days, furnish the requested service to such person, unless prevented from providing the service due to factors outside licensee's control, such as permit restrictions,private easement considerations and the like If the service has not been implemented within 60 days of the request,the City Manager may impose liquidated damages for each day thereafter. (2) The licensee must extend and make cable service available to every unserved dwelling unit within any area of the city reaching the minimum density of at least 25 dwelling units per mile of plant as measured from licensee's nearest activated feeder line,whether the existing plant is aerial or underground, except that the licensee shall not be required to install cable where another authorized licensee has already done so. Licensee shall complete line extensions to an area reaching a density of at least 5 homes within 1,056 feet of existing active cable plant, or where an area has more than 5 homes, at least I home per 211 street feet including the distance A to existing active cable plant. Upon request,this density requirement may be modified by the Council,provided the licensee demonstrates that it would be commercially impracticable if licensee's compliance with the requirement would create a significant adverse impact on the capital costs of licensee's City of Apache Junction cable system. (3) The licensee shall prevent unnecessary damage to streets and property by installing underground cable or conduit in all new subdivisions of 5 or more dwelling units within the license area at the same time, in the same trench as telephone, electric or similar services are installed Cable need not be installed and activated until the new subdivision meets the criteria established for line extensions (4) In new residential developments in which all the electric power and telephone utilities are underground,the city may, in its sole discretion,require that the following procedure apply with respect to access to and utilization of underground easements. (a) The developer shall be responsible for contacting and surveying all licensees to ascertain which licensees desire(or,pursuant to the terms and provisions of this chapter and any license agreement,may be required)to provide cable service to that development. The developer may establish a reasonable deadline to receive responses from licensees. The final development map shall indicate the licensees which have agreed to serve the development file///C/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20lnternet%20Fi1 12/23/2014 i CHAPTER 14• CABLYOWSTEMS /� Page 14 of 35 (b) If 1 or more licensees wish to provide service within all or part of the development, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than 2 licensees indicate interest,the developer shall provide conduit to accommodate a minimum of 2 sets of cable television cables and dedicate to the city any initially unoccupied conduit. The developer shall be entitled to recover the cost of the initially unoccupied conduit in the event that grantor subsequently leases or sells occupancy or use rights to any licensee. (c) The developer shall provide at least 10 business days notice of the date that utility trenches will be open to the licensees that have agreed to serve the development. When the trenches are open, such licensees shall have 2 business days to begin the installation of their cables, and 5 business days after beginning installation to complete installation. (d) The final development map shall not be approved until the developer submits evidence that: 1 It has notified each licensee that underground utility trenches are to open as of an estimated date, and that each licensee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and 2. It has received a written notification from each licensee that the licensee intends to install its facilities during the open trench period on the specified terms and conditions,or such other terms and conditions as are mutually agreeable to the developer and licensee, or has received no reply from a licensee within 10 days after its notification to such licensee, in which case the licensee will be deemed to have waived its opportunity to install facilities during the open trench period. (e) Sharing the joint utilities trench shall be subject to compliance with state regulatory agency and utility standards. If the compliance is not possible,the developer shall provide a separate trench for the cable television cables,with the entire cost shared among the participating licensee(s) With the concurrence of the developer,the affected utilities and the licensee's alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to the requirements of applicable laws (f) Any licensee wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs and shall repair all property to the condition which existed prior to such trenching (5) The licensee must extend and make cable service available to any resident requesting connection within the licensee's authorized license area at the regular installation charge if the connection to the resident would require no more than a 150-foot drop line, and provided that division(C)(2)above is met. (6) With respect to requests for connection requiring a drop line in excess of 150 feet, the licensee must extend service to such residents at a one time charge not to exceed the actual costs incurred by the licensee for the distance exceeding 150 feet. Licensee may collect the installation charge in advance,however, no more than 30 days in advance of anticipated construction (D) Construction and technical standards. The following general requirements,which are not to be interpreted as imposing standards in excess of FCC imposed limits,apply to all licensees. file///C/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Intemet%20Fil 12/23/2014 CHAPTER 14-CABLE SYSViA4S Page 15 of 35 (1) In those areas and portions of the license area where the transmission and distribution facilities of the telephone company and the electric company are underground or later placed underground, the licensee shall likewise install its transmission facilities underground. (2) In areas where facilities do not have to be underground, a licensee shall not erect any new poles along any street or public rights-of-way of the city except as may be reasonably required or necessary to fill small gaps in the existing aerial utility systems and only then with the advance approval of the City Manager. (3) All television signals transmitted on a cable system must include any closed captioning information for the hearing impaired.Antennas, supporting structures and outside plant used in the system must be designed to comply with the recommendations of the Electronics Industries Association and applicable federal and local regulations on tower structures and outside plant (4) The licensee must perform at its expense any proof of performance tests designed to demonstrate compliance with the requirements of this chapter,the license agreement and the FCC The City Manager may require periodic proof of performance tests to be performed at the expense of the licensee. Upon request,the licensee must provide the test results promptly to the City Manager (5) The licensee must advise the City Manager a minimum of 30 days in advance when a proof of performance test pursuant to 47 C.F.R. 76 605(a)(4) (or subsequently renumbered)is scheduled The licensee must also advise the City Manager of its anticipated schedule for any other FCC required testing a minimum of 30 days in advance of the testing. (6) A licensee must not design, install or operate its facilities in a manner that will interfere with the signals of any FCC licensed service, including but not limited to television, radio, satellite, 2-way and paging services,the electrical or telephone system located in any portion of the city,the cable system of another licensee, or individual or master antennas used for receiving amateur radio television, radio or other FCC authorized signals (7) A licensee must obtain a transaction privilege tax license to conduct business in the corporate limits of the city. In addition, licensee shall notify the City Clerk of any and all construction agreements it has with any independent contractors and their subcontractors for any work to be performed within the city All contractors and subcontractors must be licensed in the ^ State of Arizona. (8) The system shall meet or exceed FCC requirements as set forth in 47 C.F.R. 76(K). If federal law is subsequently amended or minimum technical specifications are no longer mandated by the FCC,the technical specifications in effect at the time of adoption of the license agreement shall govern (E) Maintenance specifications. (1) The licensee shall construct, install and maintain its cable system in an orderly and workmanlike manner. The safety of the general public, the licensee's employees,the employees of the utility companies and all nearby property owners shall be a primary concern (2) All cables are to be installed,to the maximum extent possible,parallel with electric and telephone distribution facilities Licensee's multiple-cable configurations shall be arranged in parallel and bundled to the maximum extent possible. file•///C•/Users/bduft/AppData/Local/M icrosoft/Windows/Temporary%201 nternet%20F i1 .. 12/23/2014 CHAPTER 14 CABLOW�YSTEMS /, Page 16 of 35 (3) As between licensee and the city,the licensee shall be solely and completely responsible for the actions taken by any contractor or other agent employed to construct or install the licensee's facilities on streets as well as on public or private property (4) A licensee shall have available at all hours personnel capable of responding to emergency conditions requiring immediate repair to its cable facilities The licensee shall be a member of the Blue Stake Center, or otherwise comply with state underground law, for its service area ^ (5) In the event that licensee property,or the facilities and equipment of unauthorized cable ? communication providers,has been installed in a street or other dedicated public rights-of-way without complying with the requirements of this chapter, or the license has been terminated, revoked or expired, or the use of any licensee property is discontinued for any reason for a continuous period of 2 months, licensee or any unauthorized cable communication provider, shall at its sole expense on the demand of the City Manager remove promptly from the street all licensee or unauthorized cable communication provider property other than that which the City Manager may permit to be abandoned in place absent any rights licensee has under state and federal law. Upon such removal of subject property, licensee or unauthorized cable communication provider shall promptly restore the street or other public places from which the subject property was removed to a condition as near as possible to its prior condition Subject property no longer in service may be left in place with the approval of and to a manner prescribed by the City Manager Upon abandonment of the property in place, licensee or unauthorized cable communication provider shall deliver to the City Manager an instrument transferring ownership of the subject abandoned property to the city.Any cost arising from compliance with this provision shall be borne by the licensee or unauthorized cable communication provider. (F) Use of streets. (1) A licensee must utilize, with the owner's permission, existing poles,conduits or such other facilities whenever possible. (2) All transmission lines and other equipment must be installed and located to minimize interference with the rights and reasonable convenience of public and private property owners The Council reserves the right to issue the reasonable rules and regulations concerning the installation and maintenance of cable systems in the public rights-of-way, as may be consistent with this chapter, state and federal law. In addition, licensee shall become a member of the Blue Stake Center,or its functional equivalent,within 30 days following the effective date of this agreement. (3) The licensee shall have at all times up-to-date route maps showing trunk and distribution lines. Licensee shall make all such maps available for review by the appropriate city personnel and shall be provided on at least a yearly basis. Licensee shall, in addition to the paper maps, also provide the city with updated maps in a suitable electronic format determined by the city at least every 3 months if changes to the plant have occurred during the 3-month period. (4) All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970, 29 U.S.C. §§651 et seq, as amended,as well as other applicable laws. (5) A licensee must remove,replace or modify at its own expense, any of its facilities within any public right-of-way when required to do so by the City Manager to allow the city to change, fi le:///C./Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Intemet%20Fil... 12/23/2014 CHAPTER 14-CABLE SYST�44S Page 17 of 35 maintain, repair, improve or eliminate a public thoroughfare Nothing in this article shall prevent licensee from seeking and obtaining reimbursement from sources other than the city (6) On streets where electrical and telephone utility wiring are located underground,either at the time of initial construction or subsequently,the cable must also be located underground at the licensee's expense. Between a street or road and subscriber's residence,the cable must be located underground if both electrical and telephone utility wiring are located underground If either electric or telephone are aerial, licensee may install aerial cable except where a property owner requests underground installation at the sole cost of the licensee. (7) A licensee must obtain any required permits before doing any excavation or causing disturbance to public thoroughfares or private property as a result of its construction or operations and must restore to their former condition such private property and public thoroughfares,the latter in a manner consistent with all applicable rules, regulations and resolutions relative to construction,repair or maintenance in public rights-of-way. If such restoration is not satisfactorily performed within a reasonable time in the opinion of the City Manager,the City Manager may,after prior notice to licensee,cause the repairs to be made at the expense of the licensee. The City Manager may inspect ongoing construction and require a licensee to halt construction where the City Manager finds the construction to be in non- compliance with the requirements of this chapter,the license agreement or a permit. (8) Prior to commencement of underground construction a licensee must have complied with the following requirements. (a) Have received a permit from the Council for construction on public property or public rights-of-way;and (b) Have complied with Blue Stake requirements in the area of construction; (9) The licensee shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and overhanging streets and public rights-of-way of the license area so as to prevent the branches of such trees from coming in contact with the wires and cables of the licensee and shall be responsible for debris removal from the activities. At the option of the city, the trimming may be done by it or under its direct supervision and direction.Licensee shall be responsible for obtaining permission from individual ^ property owners if tree trimming outside of the designated public easement is necessary to install a cable or other line (10) At the request of any person holding a valid building moving permit and upon sufficient notice,the licensee must temporarily raise, lower or cut its wires as necessary to facilitate such move upon not less than 72 hours advance notice The direct expense of the temporary move must be paid by the permit holder,and the licensee may require payment in advance. (G) System services and capability. (1) The following minimum requirements for facilities and services apply to licenses The Council may require that a licensee exceed these minimum requirements. (a) Except as provided in a negotiated license agreement,a cable system must have a minimum analog capacity of 82 video channels available for immediate or potential use. Two- way capability shall be designed into the system. Upon request,this minimum channel capacity may be modified by the Council,provided the licensee demonstrates that it would be file:///C./Users/bduft/AppData/Local/Microsoft/W indows/Temporary%20Intemet%20Fil... 12/23/2014 CHAPTER 14• CABLI;bQYSTEMS 401► Page 18 of 35 commercially impracticable to comply with the requirement A licensee shall have the burden of demonstrating, by clear and convincing evidence,that compliance with the minimum channel capacity would be commercially impracticable for its Apache Junction cable system. (b) Standard installation and basic service to public buildings may be required without charge as set forth in the license agreement. Licensee may be required to make available, 1 service outlet to a conveniently accessible point in each school,police station, fire station and city hall or other facility or budding located within the license area and used for public purposes as may be designated by the City Manager. The installation charge to each occupant, if any, .0., would not exceed licensee's direct cost(time and material) There may also be a minimum monthly service charge at the above locations. (c) A licensee must design its system to allow the City Manager to interrupt audio portions of the cable service in an emergency to deliver information to subscribers. (d) A licensee must provide standby power for the headend so as to be able to operate some channels during a power outage for a minimum of 48 hours or as provided for in the license agreement (2) The following requirements apply to access channels. (a) Applications for a license shall include proposals for the provision of educational and governmental access channel sufficient to meet community needs during the term of the license as determined by the Council. A licensee or applicant shall specify what grants, if any, it is willing to make for studio equipment and facilities to be used for local program production by all cable access users Applicants are encouraged to include proposals for local origination programming by the licensee, (b) All access channel operations must conform to the following minimum requirements. 1 Access channels shall be carried on the licensee's lowest priced service level offering. 2 The license may require a licensee or other entity to manage the access channels and to establish reasonable rules for the use of access channels consistent with the requirements of this chapter and the intended purpose of such access channels 3. The use of any educational access channel shall be made available free of charge to schools and other required educational institutions for the transmission of local educational programming. 4. The use of any local government access channels shall be made available free of charge to the Council for the transmission of government related programming 5. If required by the license agreement,the licensee shall submit to the Council on an annual basis a plan for publicizing access programs and access use. (c) At the request of the licensee,the Council may promulgate rules under which channel capacity dedicated to access use may be used by the licensee when it is not being used for access purposes, and (d) A license shall include a provision for the licensee to provide channel capacity for community programming on terms and conditions specified in the license agreement. file.///C./Users/bduft/AppData/Local/Microsoft/W endows/Temporary%20lntemet%20F I1 12/23/2014 CHAPTER 14: CABLE SYSTF4IS Page 19 of 35 (H) System architectural design review process.At least 90 days prior to the date of initial construction of the rebuild, licensee shall deliver to city a detailed architectural design plan, which shall include at least the following elements: (1) Location of headend and all hub sites; (2) Technical description of equipment at headend,hubs and nodes; (3) Technical analysis of coaxial cable design or nodal service areas including, for example, specifications for amplifiers, active and passive devices, fiber coupling equipment and power supplies, (4) System level trunkmg maps to illustrate the architecture of the system The architectural design shall be shown on maps of industry standard scale using standard symbology, and shall depict all electronics and physical features of the cable plant, and (5) The city shall have the opportunity to review such plans and comment on such plans. Licensee shall integrate the city's comments into the system within 20 days of receipt of such request by city. (1) System physical design process Licensee shall provide city with detailed design maps defining the geographical and technical physical design of the system, showing all areas of the city to be served by each hub, as well as the construction and energization schedule by hub area for the upgraded systems. Maps shall be provided at least 60 days prior to the release for construction. The city may review the design and accompanying maps and submit comments to licensee for review within 15 days of the date each map is provided to the city for review. Licensee shall integrate and implement city's comments into the construction plan. (J) Construction manual and cut-over plan. Not later than 60 days before the date of cut-over to or activation of the new system, licensee shall provide for city review and approval, a rebuild cut-over or activation plan, and plan for notifying area residents of the construction work process (K) Interconnection. A licensee shall interconnect its cable system with other systems located in the city, in nearby cities, or counties upon the request of the Council, where the Apache Junction cable system and the adjacent system are both owned by the same cable operator, where the cable operator's share a common controlling parent or affiliate or where economically feasible. (L) Local broadcast channels. Each cable system shall carry as part of the bask local channels broadcast in its service area as required and defined in FCC regulations as amended (M) Technology review (1) The city and licensee shall meet to discuss changes in cable system laws, regulations, technology, competing services, the needs of the community and other factors impacting cable systems. As a result of these discussions, this license may be modified by the city and the licensee to respond to the change in laws, regulations, technology, competing services, the needs of the community or other factors impacting cable systems. (2) If any of the following conditions occur, and upon written request of either licensee or city, the City Manager and licensee may agree to meet and discuss in good faith the terms of a mutually agreeable license amendment- file ///C /Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi1... 12/23/2014 CHAPTER 14 CABLF•-QYSTEMS .•► Page 20 of 35 (a) Cable service similar to cable service offered by licensee is provided by any entity using the streets and public rights-of-ways, which is not subject to similar licensing requirements of the city. (b) The cable act is amended to allow licensee to provide intrastate or interstate telecommunication and any regional communications company to provide cable service. (c) Any other significant event occurs, including but not limited to a final non-appealable order or judgment by a court of competent jurisdiction, which either licensee or city believes A•. may impact the current terms and conditions of the license (d) The purpose of the meeting and discussion is to use best efforts to reach mutually acceptable agreement for recommendation to the Council for proposed Council action within ninety days of such written request, on how to amend the license to relieve the city or the licensee from any commercial impracticability, which arises from the condition in question. This provision shall not require that the license be amended, however it is intended to facilitate a process whereby the parties may reach a mutually acceptable agreement. (N) Conditions of street occupancy (1) General construction practices Licensee's construction practices shall be in accordance with all applicable federal, state and local laws, rules and regulations, including but not limited to the federal Occupational Safety & Health Administration Regulations, as adopted by the State of Arizona All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of applicable codes (2) General operational practices. (a) The construction, operation and maintenance of licensee's plant and equipment, including but not limited to the headend and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and practices, shall be performed by appropriately licensed and qualified maintenance and construction personnel (b) The system shall be kept in a safe and suitable condition and shall be in compliance with, maintained, repaired and constructed in accordance with the applicable standards, procedures and practices contained in the National Electric Code and the National Electrical and Safety Code, as those codes may, from time to time, be amended, and shall additionally be maintained so as not to endanger or interfere with improvements the city may deem necessary, or to unlawfully interfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on streets or other public rights-of-way. (3) Safety Licensee shall at all times employ the standard of care attendant to the risks involved and shall install and maintain in use commonly accepted methods and devices for preventing failure and accidents which are likely to cause damage, injury or nuisance to the public, including public employees (4) Testing of RF Radiation Cumulative Leakage Index ("CLT . Licensee shall at all times comply and perform all testing in accordance with FCC rules and regulations Licensee shall have the right to discontinue its service to any premises where RF radiation which licensee cannot control is originating from inside the premises. Once a year, licensee shall provide notice to the city of its schedule of RF leakage monitoring and testing. Upon the city's request,licensee shall furnish the city with copies of the monitoring and testing data and results following licensee's performance of scheduled RF leakage monitoring and testing file ///C /Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fil. . 12/23/2014 CHAPTER 14. CABLE SYST#VS Page 21 of 35 (5) Underground. In all areas of the city where the cables,wires and other like facilities (electric and telephone)of public utilities exist underground, or are required by the city to be placed underground, licensee shall also place its cables,wires or other facilities underground. (6) Pole attachments Licensee shall use the poles and other properties of the city pursuant to any pole attachment agreements or public utility companies operating within the city, and licensee shall not construct,erect or maintain any support poles or other properties in the public rights-of-way within the city for the operation of its system except upon the express permission of the city,which consent shall not be unreasonably withheld upon a showing of need by licensee In all areas of the city where the cables,wires and other facilities of licensee are attached to any city-owned utility poles, licensee shall maintain those attachments subject to payment to the city in an amount determined by written agreement between the city and licensee. (0) Placement of facilities. (1) This license agreement does not alter the city's governmental power to establish regulations of general applicability on the erection, construction or installation of any facilities which may be constructed,maintained or operated by a person authorized to use and occupy the streets and other public rights-of-way, including a cable system operator. (2) Licensee shall comply with those requirements, including obtaining permits prior to excavation and providing maps showing where construction or excavation is planned,and upon completion,providing maps showing actual construction if any changes are authorized. 3 The city retains the right to designate where licensee may lace its facilities within the ( ) tY g g Y P streets and other public rights-of-way (P) Relocation for public improvements; request of the city, governmental powers. Whenever because of public necessity or the welfare of the public generally,the city shall elect to change the grade of any street,or to sell or vacate any street or other public right-of-way, or to construct or reconstruct any water lines, sanitary or storm sewers,watercourses, drainage ditches,conduits, playgrounds,traffic control devices or other public improvements, licensee shall, after 30 days written request from the city, remove and relocate its poles,wires, cable, conduits and other fixtures at its own expense (Q) Transaction privilege taxes (1) Licensee shall obtain a city business license,which will be the mechanism for assessing all transaction privilege taxes. (2) Licensee shall pay all required taxes in a timely manner and shall allow access to its sales and construction records upon reasonable request of the city at the centrally located business office during regular business hours. (3) If audited, licensee shall comply with all requests of the city, and shall pay all applicable arrearages and or fees. (4) Failure to pay the assessed tax or failure to make a timely appeal of such assessment pursuant to the city tax code is considered a violation of the terms and conditions of the license agreement,which may result in liquidated damages set forth herein. (Prior Code, § 14-1-8) file ///C /Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20lnternet%20Fi1 12/23/2014 CHAPTER 14- CABLAYSTEMS Page 22 of 35 § 14-1-9 FEES,BONDS, LETTERS OF CREDIT, LIQUIDATED DAMAGES AND APPEALS. (A) Application fee.Each application for a license to be granted under the authority of this chapter shall be accompanied by a non-refundable filing fee in the amount specified below, by certified or cashier's check made payable to the City of Apache Junction Non-refundable filing fees in the following amounts are required- (1) For an initial license or renewal- $2,500; (2) For consent to transfer or change ownership- $2,000,and (3) For license modifications.pursuant to 47 U S C § 545. $2,500. (B) License fee. (1) In consideration of the fact the streets of the city will be used by a licensee in the operation of its cable system within the boundaries of the city and the streets are valuable properties acquired and maintained by the city at great expense to its taxpayers,and in consideration of the costs incurred by the city in regulating and administering each cable license, the licensee shall pay annually to the city 5%of the licensee's gross revenue (2) This payment shall be computed quarterly, for the preceding quarter, as of March 31, June 30, September 30 and December 31 of each year. Each quarterly payment shall be due and payable no later than 30 days after the relevant computation date. Each payment shall be accompanied by a financial report showing in detail the gross revenues of the licensee related to that quarter. (3) Except as provided in division (B)(8)below and subject to 47 U S C § 542, the payment required pursuant to this article shall be in addition to any other tax or payment owed to the city pursuant to any other applicable ordinance or chapter of the city code, regulation or law of the county, state or federal government. (4) A license fee not received in full by the city within 30 days of its due date shall be deemed delinquent and subject to a late fee of 2%of the amount overdue plus interest at the prime rate as reported in The Wall Street Journal (5) Where the licensee fee is based on gross revenues, the licensee shall file,with each license payment, a statement of the gross revenues for the period on which the fees are based Such a licensee must file within 3 months of the end of Its fiscal year a statement of gross revenues for the preceding year, which is either audited or certified as accurate by an officer of the licensee.Any payment of license fees to adjust for a shortfall in the quarterly payments for the preceding year must be made not later than the filing date for the audited annual statement of gross revenues.Adjustments for any overpayment will be credited to subsequent quarterly payments Interest and late charges (as specified above)will not be imposed for any payment necessary as a result of the yearly adjustment if the payment to correct the shortfall does not exceed 10%of the total payments made during the preceding year In the event the payment exceeds 10%,the licensee is liable for interest and late charges for the entire amount due (6) The City Manager shall have the right, upon reasonable notice,to inspect or audit during normal business hours a licensee's records showing the gross revenues and other relevant underlying data and information Upon examination of the information,the City Manager has the right to recompute any and all amounts paid under a license. Any additional amounts due the city file:///C•/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi1... 12/23/2014 CHAPTER 14 CABLE SYSTAVS /'1 Page 23 of 35 as a result of an audit shall be paid by the licensee within 30 days following written notice to the licensee by the Council,which shall include a copy of the inspection or audit report In the event that an inspection or audit results in additional monies owed the city in excess of 5%of the total paid,the licensee shall bear the total cost of the audit, and late charges and interest on the additional amount due (7) No acceptance by the Council of any payment shall be construed as an accord that the amount paid is in fact the correct amount nor shall such acceptance of payment be construed as a release of any claim the Council may have. (8) There shall be allowed as an offset against the license fee due under this article any amounts licensee paid to the city during the prior quarter in privilege license(sales)taxes; provided, however,that there shall be no offset to the extent that licensee made payments of privilege license(sales)taxes of any gross income(within the meaning of the privilege license [sales] tax ordinance)which is not included in gross revenues under this chapter. The license shall provide for suitable procedures and methods for audit of this offset. (C) Performance bond and irrevocable letter of credit generally Licensee shall obtain and maintain during the entire term of the license,and any renewal or extensions thereof, a performance bond in the amount of$100,000 to ensure the licensee's faithful performance of its obligations under the cable law and this agreement, as well as an irrevocable letter of credit in the amount of$25,000, both being provided to the City Attorney within 30 days after execution of the license agreement and prior to any construction work in the public rights-of-way. (D) Components of performance bond The performance bond shall provide the following (1) There shall be recoverable by the city jointly and severally from the principal and surety, any and all fines and penalties due to the city, and any and all damages, losses, costs and expenses suffered or incurred by the city resulting from failure of the licensee after notice and opportunity to cure to faithfully comply with: (a) The material provisions of this agreement,the cable law and other applicable law; (b) All orders, permits and directives of the city; (c) Payment of fees due to the city;and (d) Payment of any claims or liens due to the city. (2) (a) The losses, costs and expenses shall include but not be limited to attorney fees and other associated expenses. (b) The total amount of the performance bond shall be forfeited in favor of the city in the event the licensee abandons the system at any time during the term of the license or extension period. (3) The performance bond shall be issued by a surety licensed to do business in the State of Arizona and with an A+9 or better rating for financial conditions and financial performance in Best's Key Rating Guide, Property/Casualty Edition, and shall be in a form approved by the city with the following endorsement: "This bond may not be canceled or allowed to lapse,until 60 days after receipt by the city by certified mail,return receipt requested,of a written notice from the issuer of the bond of intent to cancel or not renew." fi le:///C./Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Intemet%20Fi1 12/23/2014 CHAPTER 14 CABI^YSTEMS ^ Page 24 of 35 (4) At such time as 95%of planned construction in the city is complete, as specified in license agreement, the Council may, at licensee's request, reduce or eliminate the performance bond requirement (5) The rights reserved by the Council with respect to the bonds required are in addition to all other rights and remedies the Council may have under this chapter,the license agreement or any other law. (E) Irrevocable letter of credit. Licensee shall provide an irrevocable letter of credit in the amount of$25,000 from a financial institution licensed to do business to the State of Arizona to secure its performance of all its obligations under this agreement and the cable law. (1) (a) The form and content of the letter shall be approved by the City Attorney and contain the following endorsements "This letter of credit may not be canceled or allowed to lapse until 30 days after receipt by the City Manager, by certified mail,return receipt requested, of a written notice from the issuer of the letter of credit of its intent to cancel or not to renew." (b) In the event the letter of credit is insufficient to pay the city for any compensation, damages, penalties, costs or expenses owed it pursuant to this chapter or the license agreement, the licensee's performance bond may be drawn upon by the City Manager for any amount due the city over and above the amount of the letter of credit (2) The rights reserved to the City Manager with respect to the letter of credit are in addition to all other rights it may have under this chapter,g ythe license agreement and any other law. (3) Failure to maintain the letter of credit as required shall constitute a violation of the provisions of this chapter. (4) The city may withdraw an appropriate amount from such funds including interest and penalties as applied against the letter of credit amount if in compliance with division (H) below. (5) Within 15 days after the city gives notice that an amount has been withdrawn from the letter of credit amount, the licensee must deposit a sum of money equal to the amount withdrawn If licensee fails to deposit such amount,the entire letter of credit amount remaining shall be forfeited In addition,the failure may be grounds to revoke the license or take any other enforcement action (F) Liquidated damages.Because licensee's failure to comply with the provisions of the license and this agreement will result to injury to the city, and because it will be difficult to estimate the extent of such injury, the licensee agrees to pay to the city liquidated damages for the following violations of the license which represent both parties'best estimate of the damages resulting from the specified violation To maintain that estimate,the parties agree that liquidated damage amounts are in 1999 dollars and shall be increased each year by the CPI (1) Failure to substantially complete the system rebuild, including the timeline of completion: $2,000 per day for each day the violation continues. (2) Failure to provide government and economic development channels and failure to make PEG capacity available, failure to construct required links to PEG facilities;failure to make payments to support PEG $1,000 per day for each day the violation continues, in addition to an PP P Y Y Y monetary payment under this agreement or the cable law. file:///C:/Users/bduft/AppData/Local/Microsoft/Wmdows/Temporary%20Internet%20Fil. 12/23/2014 CHAPTER 14: CABLE SYSTP4S Page 25 of 35 (3) Failure to submit required plans indicating expected dates of installation of various parts of the system, and failure to supply information, reports or filings lawfully required under the license agreement or applicable law or by the city. $400 per day for each day the violation continues. (4) Failure,unless such failure is beyond the licensee's control,of the EAS to perform in the event of a public emergency or vital information situation, $250 per occurrence. (5) Failure to test,analyze and report on the performance of the system following a request from the City Manager to do so, and failure to pay for consultant fees pursuant to this license agreement: $200 per day for each day the violation continues. (6) For a violation of customer service standards. $200 per violation. (7) Failure to render required payment for reimbursement of any license expenses,or liquidated damages or failure to pay any required taxes to city $100 per day, in addition to any monetary payment due under this agreement or the cable law (8) Failure to file,obtain or maintain any required performance bond or letter of credit amount: $50 per day (9) Failure to restore damaged property. $50 per day, in addition to the cost of the restoration as required elsewhere herein. (10) For violation of technical standards established by the FCC. $50 per day. (11) For failure to comply with reasonable order of the City Manager. $50 per day. 12 For failure to remedy n other violation of this chapter or violation of the license ( ) Ya Y P agreement- $50 per day (G) Remedies. If the licensee violates any provision of law or of this license agreement, the city may have one or more of the following actions: (1) Impose liquidated damages provided herein; (2) Reduce the duration of the license period on any basis the city determines is reasonable and affords licensee reasonable due process, (3) Require licensee to pay its subscribers or classes of subscribers in an amount and on a basis the citydetermines is necessary to cure the breach or default ore equitably compensates for �'Y � q Y P the violation; or (4) Seek legal or equitable relief from a court of competent jurisdiction (H) Procedure for correcting license violations. (1) Notice of violation. Should the city determine that licensee has violated one or more terms,conditions or provisions of this license agreement, a written notice shall be given to licensee informing it of an alleged violation(a "violation notice") The City Manager shall set forth in such violation notice at a minimum,the following: (a) Amount to be assessed, (b) Factual basis for such assessment; and file ///C•/Users/bduft/AppBata/Local/Microsoft/Windows/Temporary%20lnternet%20Fil. . 12/23/2014 CHAPTER 14 CABL)i4,YSTEMS /, Page 26 of 35 (c) Specific license provision alleged to have been violated. 1. Licensee shall have 14 days from the date the violation notice is given to inform the City Manager in writing of the action licensee will take to correct the violation(a "correction notice")and to begin corrective action,or to dispute that a violation has occurred(a "notice of dispute"). 2. If corrective action is undertaken, it shall be completed within 30 days of the date the violation notice is given, unless licensee's correction notice shows that the corrective action cannot be completed within 30 days with the exercise of all due speed or diligence, in which case licensee shall have a reasonable extension of time in which to complete the corrective action. 3. Any notice of dispute shall specify the matter disputed by licensee and shall stay the running of any performance or corrective deadlines pertaining to the matter in dispute,and shall stay any other action the city may be permitted to take under this license agreement or applicable law (2) Appeals (a) In the event that licensee contests the City Manager's assessment of liquidated damages, or fails to respond to the above-mentioned notices,within 14 days the City Manager shall convene an administrative hearing. (b) Licensee may pay the fine, proceed with this hearing or waive its rights to this administrative hearing and proceed directly to the public hearing before the Council. l There shall be an administrative hearing conducted by the City Manager, and licensee shall be afforded procedural due process, including an opportunity to be heard and to present evidence. Within 14 days after the conclusion of such administrative hearing,the City Manager shall issue a determination In that determination the City Manager may a Find that licensee is not in violation of this chapter or the license agreement, b Find that the licensee is in violation of this chapter or the license agreement, but that violation was with Just cause and waive any penalty that might otherwise be imposed, c Find that licensee is in violation of this chapter or of the license agreement,assess liquidated damages,take corrective action and foreclose on all or any appropriate part of the letter of credit or performance bond provided for in this chapter; or d Find that licensee is in material violation of this chapter and the license agreement and recommend the Council declare the licensee in violation and recommend termination of the license agreement to the Council,provided the Council may consider such action only after a public hearing as set forth below. 2 If a public hearing before the Council is requested by licensee or is held otherwise, it shall be de novo and it shall convene within 30 days of the request thereof. Licensee shall be afforded full due procedural process, including without limitation, an opportunity to be heard,to present evidence and to cross-examine witnesses The Council's decision,which shall include findings of fact and conclusions, shall be made not later than 30 days after the conclusion of the hearing In that decision,the Council may: a Find that licensee is not in violation of this chapter or the license agreement; fi le:///C./Users/bduft/AppData/Local/Microsoft/Wmdows/Temporary%201ntemet%2OFil... 12/23/2014 CHAPTER 14: CABLE SYST�44S Page 27 of 35 b Find that licensee is in violation of this chapter or the license agreement, but that violation was with just cause and waive any penalty that might otherwise be imposed; c Find that licensee is in violation of this chapter or of the license agreement, assess liquidated damages,take corrective action and foreclose on all or any appropriate part of the letter of credit and/or performance bond provided for elsewhere in this chapter, or d. Find that licensee is in material violation of this chapter and the license agreement and declare the licensee in violation and revoke the license agreement (3) Licensee's options (a) If after the hearing the disputed claim is upheld by the Council, licensee shall have 30 days from the date of the mailing of the decision to remedy the violation or failure,unless corrective action cannot be completed within 30 days with the exercise of all due speed and diligence, in which case licensee shall have a reasonable extension of time in which to complete corrective action (b) Alternatively, licensee retains its right to seek review of the disputed matter under applicable law. The submission of a matter to mediation or to a court of competent jurisdiction shall stay the running of the above-described correction period. (Prior Code, § 14-1-9) § 14-1-10 TERNIINATION AND REVOCATION (A) Termination The license shall terminate, upon the expiration of the term thereof, unless renewal is successfully applied per applicable laws (B) Revocation (1) If a licensee is in material violation of this chapter or in default of the terms of its license agreement,the City Manager may make written demand that the licensee come into compliance with said requirements within a reasonable period of time,as specified in this chapter. If,after the cure period provided for in this chapter has run, the licensee is unwilling or unable to do so, the City Manager may recommend the revocation,alteration or suspension of the license to the Council, specifying the reasons for such action (2) A copy of any such recommendations shall be served by certified or registered mail, return receipt requested upon the licensee, and the licensee shall be given at least 14 days notice prior to the date of a public hearing before the Council to consider such action, and the licensee will be given an opportunity to present evidence and make argument at such meeting (3) The Council shall consider the recommendations,the response of the licensee and hear from any other interested persons, and shall determine whether or not the licensee is in violation or default of its obligations and, if so,whether such failure was with just cause (4) If the Council finds that the failure by the licensee was with just cause,the Council shall direct the licensee to comply with such time and manner and upon such terms and conditions as are reasonable file NC /Users/bduft/AppData/Local/Microsoft/Windows/Temporary%201nternet%20Fi1... 12/23/2014 CHAPTER 14• CABL"YSTEMS Aak Page 28 of 35 (5) If the Council determines that the licensee's failure was without just cause, the Council may declare the license revoked, altered or suspended The Council may provide a specified period of time for the licensee to come into compliance before the revocation takes effect (6) A license may be revoked, altered or suspended by the Council on the following grounds, among others, and taking into account any aggravating or mitigating circumstances: (a) Fails to comply with any material provision of this chapter or the license agreement; (b) Makes willful and material false or misleading statements in any application, Aw (c) Engages in the practice of any fraud or deceit upon the city or subscribers; (d) Fails to abide by the privacy provision of this chapter; (e) Fails to make timely payment of any monies due the city pursuant to this chapter, (f) Unless otherwise provided in the license agreement, fails to commence construction in the license area within 3 months and to commence basic service within 6 months from the effective date of the license agreement; (g) Fails to file and maintain the bonds, insurance, records, failure to pay license fees or assessed property taxes; (h) For repeated material failure to maintain service quality under the standards prescribed for which the licensee receives notice and fails to cure, or (i) Fails to restore service after 24 consecutive hours after notice to the licensee of interrupted service to the entire system, except when such interruption is beyond the control of the licensee (C) System disposal. (1) In the event of termination or revocation of a license, the licensee involved shall offer to sell the cable system, at the fair market value,to a new licensee or applicant for a license. (2) The fair market value shall be determined in accordance with generally accepted appraisal procedures. The original cost of all tangible and intangible property, as well as salvage value, book value,replacement cost, cash flow and other factors will be considered (3) Under no circumstances shall any valuation be made for any right or privilege granted by license Should the licensee fail to negotiate a sale, as described above, the city may purchase the system at the fair market value for the purpose of leasing to qualified operator until a buyer can be found, pursuant to the provisions of A R S § 9-509 (D) Continuity of service (1) Licensee shall provide continuous service for the entire term of the license agreement to all subscribers and users in return for payment of the established rates, fees and charges. (2) If licensee seeks to sell or transfer, or if the city revokes or fails to renew the license, licensee shall continue to operate the system as trustee for its successor in interest until an orderly and lawful change of operation is effected. file.///C./Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Intemet%2OFil... 12/23/2014 CHAPTER 14• CABLE SYSTJWS .O. Page 29 of 35 (3) This period of operation shall not exceed 120 days from the occurrence of any of the above events Revenues accrued during that period of time shall be received by the operator. (4) During that time, the cable system shall be operated under terms and conditions consistent with the most recent license agreement and this chapter. (E) Revocation for cause. In addition to all other rights,powers and remedies available to the city,the city shall have the additional, separate and distinct right to revoke this license agreement and all rights, authority,power, privileges and permissions granted licensee by this license agreement if licensee substantially fails to cure or correct a material violation of this license agreement within the applicable time periods following compliance within this agreement, absent licensee's pursuit of further remedies as provided for in this agreement or following a final decision of a court of competent jurisdiction reviewing the disputed matter. (F) Revocation by ordinance. (1) Revocation of the license shall be accomplished by passage of an ordinance at a properly noticed hearing. (2) An ordinance revoking the license shall include the reason for the Council to justify revocation. The effective date of the revocation shall be stated in the ordinance The license agreement shall terminate on the effective date of the revocation. (3) An ordinance revoking the license shall not be passed without 30 days written notice to licensee that an ordinance to revoke the license will be considered by the Council. Licensee shall retain the privilege to be heard by the Council or any Council committee regarding the proposed revocation ordinance (4) Licensee may request a review of the revocation findings and conclusions pursuant to applicable law and shall retain any other remedy which may be available to it under law. (G) Continuance of service after revocation. The city may require licensee to continue operating its system after revocation until operation of the system can be transferred to a new owner or the city exercises its rights herein (H) Removal after revocation. Aonk (1) Upon revocation of the license and after a review of the revocation findings and/or conclusions by a court of competent jurisdiction, if review is sought by licensee, the city may require licensee to remove, at licensee's expense, any above-ground portion of its system from any street or other public right-of-way. (2) In removing its underground system, licensee shall refill and compact, at its own expense, any excavation that shall be made, and shall leave all streets and other public rights-of- way, and private property, in reasonable condition, and without affecting,altering or disturbing in any way electric, telephone, gas, steam or water utilities or other cable system operator cables, wires or attachments (3) The insurance, indemnity and damage provisions of this license agreement shall remain in full force and effect during the entire term of removal (1) Failure to remove system If licensee fails to commence removal of its system, or the part that was designated, in accordance with this section, within 60 days after written notice of the file-///C•/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fil 12/23/2014 CHAPTER 14: CABLF&SYSTEMS .^ Page 30 of 35 city's demand for removal is given, or if licensee fails to complete removal without 1 year after removal has begun, the city shall have the right to exercise one of the following options- (1) Assumption of ownership (a) Declare all right, title and interest to the system to be in the city or its designee with all right of ownership including, but not limited to,the right to operate the system or transfer the system to another for operation. (b) Upon that declaration by the city, licensee shall be entitled to receive an equitable -aft. price from the city for the value of the system (2) Abandonment of the system Declare the system abandoned and cause the system, or that portion designated by the city, to be removed The cost of the removal shall be recoverable pursuant to the insurance and indemnity provisions of this license agreement, or from licensee directly. (J) Additional duty to remove property. The city may require licensee to remove any above- ground portion of the system if licensee ceases to use that part of the system in the city for a continuous period of 12 months (Prior Code, § 14-1-10) § 14-1-11 RENEWAL. The procedures for renewal of any cable license shall be governed by federal and state law, as of the time the license is in effect. However, should there be no active renewal provisions, Council may amend this chapter with renewal procedures which shall govern all licenses in effect or thereafter granted by city (Prior Code, § 14-1-11) AMNk § 14-1-12 TRANSFERS AND CHANGE OF CONTROL. (A) General restrictions.No sale, transfer, assignment or lease of the license, or sale, transfer, assignment, lease or fundamental corporate change of or in licensee, including, but not limited to, a fundamental corporate change in licensee's parent corporation or any entity having a controlling interest in licensee, the sale of a controlling interest in the licensee's assets, a merger, including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with city requesting approval of the sale, transfer or corporate change and such approval has been granted or deemed granted,provided, however,that the approval shall not be required where licensee grants a security interest in its license and/or assets to secure an indebtedness (B) Controlling interest restrictions. (1) Any sale, transfer, exchange or assignment of stock in licensee, or licensee's parent corporation or any other entity having a controlling interest in licensee, so as to create a new controlling interest therein, shall be subject to the requirements of this section file-MC /Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi1... 12/23/2014 CHAPTER 14• CABLE SYST 4S ^, Page 31 of 35 (2) The term CONTROLLING INTEREST as used herein is not limited to majority stock ownership,but includes actual working control in whatever manner exercised (3) In any event, as used herein, anew CONTROLLING INTEREST shall be deemed to be created upon the acquisition through any transaction or group of transactions of a legal or beneficial interest of 15%or more by I person Acquisition by I person of an interest of 5%or more in a single transaction shall require written notice to city. (C) Filing requirements The licensee shall file, in addition to all documents, forms and information required to be filed by applicable law,the following (1) All contracts, agreements or other documents that constitute the proposed transaction and all exhibits,attachments or other documents referred to therein which are necessary in order to understand the terms thereof, (2) A list detailing all documents filed with any state or federal agency related to the transaction including,but not limited to, the PUC,the FCC,the FTC,the FEC,the SEC or any applicable state agency Upon request, licensee shall provide city with a complete copy of any such document, and (3) Any other documents or information related to the transaction as may be specifically requested by the city (D) Time limit City shall have such time as is permitted by federal law in which to review a transfer request (E) Costs and filing fees The licensee shall reimburse city for all legal, administrative and consulting costs and fees associated with city's review of any request to transfer.Nothing herein shall prevent licensee from negotiating partial or complete payment of such costs and fees by the transferee Licensee may not itemize any such reimbursement on subscriber bills, but may recover such expenses in its subscriber rates. Licensee shall also pay a $2,000 fee for a sales, transfer, assignment or lease request pursuant to this section. (F) Guarantees In no event shall a sale,transfer,corporate change or assignment of ownership or control pursuant to this section be approved without the transferee becoming a signatory to this license and assuming all rights and obligations thereunder, and assuming all /'1 other rights and obligations of the current licensee to the city including, but not limited to,any adequate guarantees or other security instruments provided by the license (G) City's right to purchase. (1) In the event of any proposed sale,transfer,corporate change or assignment pursuant to this chapter,city shall have the right to purchase the system for the value of the consideration proposed in such transaction (2) City's right to purchase shall arise upon city's receipt of notice of the material terms of an offer or proposal for sale,transfer, corporate change or assignment,which licensee has accepted.Notice of such offer or proposal must be conveyed to city in writing and separate from any general announcement of the transaction (H) Waiver of rights by city City shall be deemed to have waived its right to purchase the system pursuant to this section only in the following circumstances• file:///C•/Users/bduft/AppData/Local/M icrosoft/W indows/Temporary%201nternet%20Fi1... 12/23/2014 CHAPTER 14. CABL^YSTEMS /, Page 32 of 35 (1) If city does not indicate to licensee in writing, within 60 days of receipt of written notice of a proposed sale,transfer,corporate change or assignment as contemplated above, its intent to exercise its right of purchase; or (2) It approves the assignment or sale of the license as provided within this section. (I) City right of refusal.No license may be transferred if city determines licensee is in noncompliance of the license unless an acceptable compliance program has been approved by city. The approval of any transfer or ownership pursuant to this section shall not be deemed to waive any rights of city to subsequently enforce noncompliance issues relating to this license even if such issues predated the approval, whether known or unknown to city (Prior Code, § 14-1-12) § 14-1-13 INDEMNITY AND INSURANCE. (A) Indemnification of city officials. Licensee shall indemnify, defend and hold harmless the city,the members of the Council, including the Mayor,and all other officials, employees and agents,boards or commissions, when acting in their capacity as municipal officials,employees or agents, boards or commissions, from and against any and all claims, suits and actions, liability and judgment for damages or otherwise (1) Damage to person or property For actual or alleged injury or death to individuals,or damage to property, in any way arising out of or through,or alleged to arise out of or through, any act or omission of licensee or its officers, agents, employees or contractors, or to which licensee or its officers, agents, employees or contractors acts or omissions in any way contribute; (2) Violation of rights or interests.Arising out of or alleged to arise out of any claim for damages, with respect to licensee's operation of a cable system,for invasion of the right of privacy,defamation of any person, or the violation or infringement of any copyright,trademark, trade name, service mark or patent or any other right of any person, or (3) Statutory violations.Arising out of or alleged to arise out of licensee's failure to comply with the provisions of any statute, regulation or ordinance of the United States,the State of Arizona or the city (B) Defense of actions. (1) Nothing in this license agreement shall prevent a party indemnified and held harmless by another from participating in the defense of any litigation by its own counsel at its sole expense (2) That participation shall not under any circumstances relieve the indemnifying party from its duty defending against liability or paying any judgment entered against that party (C) City's negligence or will misconduct.Notwithstanding anything to the contrary contained in this section,the city shall not be indemnified or reimbursed in relation to any matter, in any action, suit or proceeding (1) Arising out of the operation, use or distribution of programming or services over the Government,Economic Development and PEG Channels facilities or access funding; or fi le:///C:/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi1... 12/23/2014 CHAPTER 14: CABLE SYSTF*4S , ft, Page 33 of 35 (2) In which the city, its officials, employees or agents, is negligent in the performance of its obligations under this license agreement, or has engaged in willful misconduct or criminal acts;provided, however,that licensee shall provide a defense even though, in good faith, it believes at the commencement of any action,that the city may have engaged in that conduct. If the city, its officials, employees or agents, is found to have engaged in that conduct, licensee shall be reimbursed by the city for all amounts paid and expenses incurred by licensee in connection with that action,suit or proceeding, including reasonable attorney fees. (D) Indemnity for construction, maintenance and operation (1) The licensee shall at its sole cost and expense, indemnify,hold harmless and defend the city, its officials, boards, commissions,agents and employees by providing immediate defense with counsel approved by the Council, against any and all claims, suits, causes of action, proceedings and judgments for damages arising out of construction,maintenance or operation of the cable system (2) City shall provide 15 days'notice of any claim or potential claim and shall provide copies of any summons and complaint (E) Required insurance. The licensee,upon acceptance of the license agreement, shall provide the city with and maintain in full force throughout the term of the license agreement, insurance issued by a company duly authorized to do business in the State of Arizona, insuring with respect to the installation,construction, operation and maintenance of the system as follows. (1) Comprehensive general and automobile liability coverage including,but not limited to. blanket contractual liability,completed operations liability, broad form property damage including but not limited to coverage for explosion,collapse, underground hazard and automobile non-ownership liability. This insurance shall be written in the following minimum amounts: (a) Comprehensive general liability $2,000,000 combined single limit, bodily injury and property damage, (b) Comprehensive automobile liability- $2,000,000 combined single limit, bodily injury and property damage, and (c) Excess umbrella liability, covering all the above mentioned hazards, in the minimum amount of$5,000,000 (2) Workers' compensation coverage as required by the laws and regulations of the State of Arizona. (3) All insurance policies required herein shall include the city as a named insured party. (4) Licensee shall be solely responsible for all premiums due and payable for insurance required herein Licensee shall provide to the city a certificate of insurance evidencing compliance with the coverage requirements listed above. (5) All insurance policies required herein shall be in a form approved by the City Attorney and shall include a 60 day notice of cancellation or modifying endorsement (F) Self insurance The provisions of this article, in the discretion of the city, may be satisfied by proof of self insurance. file.///C:/Users/bduft/AppData/Local/Microsoft/Windows/Temporary%2Olntemet%2OF il. 12/23/2014 CHAPTER 14 CABLX&y YSTEMS /, Page 34 of 35 (Prior Code, § 14-1-13) § 14-1-14 ADMINISTRATION. (A) Inspection of records. The Council reserves the right during the term of the license agreement and during normal business hours and upon the giving of reasonable notice to examine, audit and review licensee's contracts, engineering plans, accounting, financial data and, subject to subscriber privacy laws, service records relating to the property and operations of the licensee and to all other records required to be kept pursuant to this chapter The records shall be treated as confidential by city and shall not be released, either orally or in any written form whatsoever, without the express written permission of the licensee,provided however that release shall be permitted in order for city to comply with the Arizona Public Records Act pursuant to A.R S §§ 3 9-101 et seq. (B) Licensee rules and regulations Copies of the rules,regulations,terms and conditions adopted by the licensee for the conduct of its business shall be provided to the City Manager, upon request of the City Manager (C) City Manager (1) The City Manager or his or her designee shall have responsibility for the day-to-day administration of cable operations within the city as governed by this chapter and the applicable license agreements (2) The City Manager shall be empowered to take all administrative actions on behalf of the Council except those actions specified herein which are reserved to the Council or another city office or officer (Prior Code, § 14-1-14) § 14-1-15 GENERAL PROVISIONS. (A) Non-discrimination Licensee shall not deny service, access or otherwise discriminate against subscribers, users or residents of the city.Licensee shall comply at all times with all applicable federal, state and city laws,rules and regulations, executive and administrative orders relating to non-discrimination and equal employment opportunities and requirements (B) Laws and codes Licensee shall comply fully with all applicable local,county, state and i federal laws,codes,ordinances,rules and regulations i (C) Cumulative rights and remedies Except as specified herein, all rights and remedies of the City Manager and the Council in this chapter are cumulative and may be exercised singly or cumulatively at the discretion of the City Manager or the Council. (Prior Code, § 14-1-15) § 14-1-16 RIGHTS RESERVED TO COUNCIL. fi le:///C./Users/bduft/AppData/Local/M icrosoft/Windows/Temporary%20Intemett%20Fi1.. 12/23/2014 CHAPTER 14. CABLE SYST#IS ^ Page 35 of 35 Without limitation upon the rights which the Council may otherwise have,the Council does hereby expressly reserve the right to amend any article or provision of this chapter for any reason determined to be desirable by the Council including,but not limited to (A) New developments in the state of technology of cable systems, and (B) Any changes in federal or state laws,rules or regulations (Pnor Code, § 14-1-16) r file:///C:/Users/bduft/AppData/Local/M icrosoft/W indows/Temporary%201nternet%20Fi1... 12/23/2014 ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER RIZZI 1I COUNCILMEMBER WILSON VICE MAYOR BARKER GA1LME R COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR I OPPOSED ABSTAINED TOTAL �. .�• i., ..•. ITEM NO. 12 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES/REPEAL OF CERTAIN PROVISIONS OF THE CITY CODE, VOLUME 1, CHAPTER 14, CABLE TELEVISION. SCHEDULE PUBLIC HEARINGS ON JANUARY 20TH, 2015 (DISCUSSION, PUBLIC INPUT ONLY) AND FEBRUARY 3RD, 2015 (DISCUSSION, PUBLIC INPUT AND COUNCIL ACTION) FOR AN ORDINANCE AND RESOLUTION MODIFYING APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 14 CABLE SYSTEMS. ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER W ILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCLMEMBEREVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL y., � w, .r ITEM NOS. 13-14 THE EXECUTIVE SESSION AND WORK SESSION SCHEDULED FOR MONDAY, JANUARY 19, 2015, HAVE BEEN CANCELLED DUE TO MARTIN LUTHER KING, JR. DAY. I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M., AND A WORK SESSION AT 7 00 P M , BE HELD ON TUESDAY, JANUARY 20, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. 32 31 30 29 28 27 25 25 I 24 23 22 21 I 20 �18 1 18 1 17 1 15 IS I 14 13 12 11 18 9 5 1 8 5 4 3 I 2 1 PROJECT INFORMATION � A NW45'56'E342.80' —.. I PROJECT: DESERT"ARaGR n 3752 SOUTH JUNCTION. ROAD 1 0 -�. �h - - -- -- -- _ _• _.- - - - - -- -- —` I APAClIE AINGTgN.ARIRI ZONA e5120 E 8 C J L I OWNER AT. ERIDWI REAL ESTATE r 221 E COLT E QEEN CREK ARZOtA VO&5142 b C ( I I I (4W)2426175 m - E OIULT RN40OLPH L CARTER NCARB,A1A u �` - ARCHITECTURE COWANY REFUSE I I L : 2454 EEA RN AST SOUTHERN AVENDE.SUITE 110 IKE I MESA ARIZONA B5204 O ' 1 (4807085&115 FAX(460)588NI032 m ❑ _ `\ NEW PAD I I tiVRD'NG CODES: LB.0 2006 EDiTION L 1 _ I MC 2006 EDRION 1 I ® /� \\ BUILDING 3 I LFC 200•Ep TION E I % SPAR � �ENG �� 2,500SF I I NEC.5EDIT�ION a ,'s III I.ECC 20DBEIXTION F FEDERAL A➢A&AOAAG W PAPLEMENTPLG RULES 1p39 1 ASSESSOKS Id 1 / 1 3 PARCEL NUMBER: 102.19407D FxISTwGrom"G: (51/PD GROSS SffE Af1F_A: t115,969 Sr 72&5 AC -__-_____- 1 1 NEf SITE AREA: t115..SF,26&AC IDi2�J1 I IE BUILDPIG AREAS NEW BVILGYN'1(CLINIC) S,fAY 5F G 1 NEWBVAA04G2(RETAIL) NEW PADBUILD0N13(FAST FOOD) 2,300 SF NEW PAD BIALWC4FAST FOOD) 2.5005E TOTAL AREA 20.9t5 SF N I I NEW BUILDING 2 v - PMNINGREWRED: CLINIC 5,689SFaIR00SF 285 " 10,257 SF W RETAIL 10.257 SF G 114M SF 256FAS ( 50%TAA7 FAS FOOD 25W 50%STAFFAAkE ®1rA46F 525 -________-__ FASTO CT ARSFF t2.3 FAST Nlip 626 O N 1 TOTAL REGUGED 92 I r c� 0 PARKING PROVIDED: UNCOVERED PARN940 10.7 m Q IA _ -________- .-- PARKING W `0 INCLUDES{ACCESSIBLE&4 VAN ACCESSBIE SPACES) 2 BICYCLE PARKING RACKS ARE ALSO PROJDEO 9 ■I I I I Z (9 BICYCLE CAPACmEACH.ISTOTAL) ..,rw IS 6 0I Q 00a K i 1 I ? VICINITY MAP = z o K -- _F- _ SOON 1 I j -- L ..____..___ $ 5 �� w Iw-�ArAwru.T N W M Q N 25 AGJ. _ 18 26 20 20' 25' P SN 10 2710' I 20 15 ,� W F{WTIEWJ AVE W !7 BSL �..— -- I B.S.L EXCEPTION HHHo Q a � i� " I I Teo rnv. N H I 1 sa aow. / SITE -,KING I SEE CN0.OWG9. I - 'Fy IJ I wtl= .BASELe+B RD. O I I ••�•����������� €'ll I I WGUAI14UPE Fm. NEW BUILDING t g N v 5,659 SF nBIPN 6 ___����������� ® �� I I RAlOIXP11 L GViiER I a.9AS/19;' R eUSEN___ II �g77ow, O9' R 1 ` EWte 06 tDZ11, €� - - - - KEs - AI,k&o�4mn � AllUlE S89'45'561N 342 WNf(1REMOVE EXISTINGREFUSE 8 STORAGE I� I SAC�A Nuo5a1 2c11a2 @ GENERALPROJECT dI' I EXISTING I NFORMATION, V ADJACENT I N ARCH!TECTURAL �{ CONVENIENCE I SITE PLAN 2t STORE& 1 t W I FUEL STATION I 4 I w 1 I TO REMAIN I X X32 ARCHITECTURAL SITE PLAN SDI 01 X V•30-0 32 31 1 30 29 1 28 27 26 2S 1 24 1 23 1 72 21 20 19 18 I 17 16 15 I 14 13 1 12 11 I Ii 9 8 / • 5 1 4 3 2 1 PRELIMINARY GRADING PLAN APN 702-59--007E O OYNEA: CAX LA CASA BLANCA EAST.LLC o FOR o U asM1 EX.ZONING. TH ' yqv 1;v AM1'4M1° DESERT HARBOR COMMERCIAL.PROPERTY DESERT HARBOR MOBILE HOME PARK . •.? . yd'' yo' ye` — — — q" A PORTION OF THE NORTHEAST QUARTER OF SECTION 31,TOWNSHIP I NORTH,RANGE S N r_ __U%j1 '56:E 34 _ -- - -- 1 'A. - _ NB944D0-E_----_��•'1 EAST OF THE GILD 8 SALT RIVER BASE B�MERIDIAN,PINAL COUNTY,ARIZONA. � CP _ _ ~�.—. —.— - -- \_ _ / 85.02' -y i o i ;i SUPERSTITION FREEWAY(U.S.60 .L o a.0 13 ,13 JM1 N - to .M EIEG BOX W.V. �M1 I a�a�y9M1 W N O` � N - A O ep O II i` I !✓ \= I �o' �_ / ! j l 6/'t IX B -B C {�: 3 ¢N max� I / I ---- ! B IC ' F. o Q o o Iw a LL w y \ PRWMM P�10 96.6E r I Aj BASELINE ROAD I I /� ,� \ i i •— ® � , ' 1 I I I I ` 1 I ,< ,AM1° , .,1 MCtNrrX MAP N.T.S. —Xp � ' ,,Q �Y I x I I I / \ x+ I I R I I I , g* W. F OWNER/DEVELOPER SITE AREAS V I I - �• \ I I I { ��/!!11I If7 AT MERIDIAN REAL ESTATE, LLC NET AREA: 115,969 S.F.2.662 AC. 3850 E.BASEUNE ROAD, /107 GROSS AREA: 144,729 S.F.3.322 AC. MESA,AZ B5206 Fallnwc% ,A° II - / `- — _t I I ii 1 ` / ��,. .�i M1 y ENGINEER ARCHITECTy DORAN THOMPSON,P.E. SKETCH ARCHITECTURE D&M ENGINEERING 2454 E. SOUTHERN AVE,STE. 110 I / I 1 i li ✓ e7 ' 1020 EAST GI .T DRIVE,SUITED MESA,AZ 85204 - -------- } I 11 3 oq I 5 TEMPS.Al.85281 PHONE: 480-666-8015 /• I ! - -�- r. M1� M1 / } i }I I �:1 11 I A:-,;y¢" PHONE: 480-350-9590 FAX: 480-668-8032 V � I ` / ,�,�" I } {�I I I I I �. .�' N FAX: 480-350-9486 FBI t I I { ..._ 1 `�, 1\ `� I y I I ' 'i '!i LEGAL DESCRIMON o W I � � --�------r--- 7�Fn11�'J\ \ / x� � ti I I I , j ,F•4 11 Ifi;1'M1'L M1 PARCEL ND. 1: ER � 11 I ; oo I•.. yq THAT PORTION OF THE SOUTHEAST QUART OF THE SOUTHEAST QUARTER OF SECTION 31, a �f TOW45IUP I NORTH,RANGE B EAST.OF THE GILA AND SALT RIVER BASE AND MERIDIAN, i 1FL-Ir PINAL COUNTY,ARIZONA, o r �{ I;kiI P I tiN �3 I I -----------�„- I '';11 I y r71i:� COMMENCING AT T14E SOUTHEAST CORNER OF SECTION 31: } THENCE SOUTH 89 DEGREES 45 MINUTES 30 SECONDS NEST ALONG THE SDUTH LINE OF r l�^ I I I I •3�0\� ,oM1 �Ji SAID SECTION 31.A DISTMR�OF 50 FEET; _ �} S - I I JYti / I•• A II``' I THENCE NORTH 00 DEGREES 16 MINUTES 26 SECONDS WEST,A DISTANCE OF 50 FEET TO A y T tfD/ / _ [I \ J / I f �•:''1 SV I I I�{J i POINT ON THE NORTHERLY UNE OF PARC0.CONVEYED TO PINAL COUNTY HIGHWAY Q I --...+---- .•1- yl Vy --££flffi14 Jl y _'"! 1' yv .lj DEPARTMENT IN DOCKET 174Z PACE 650.RECORDS OF PINAL COUNTY, ARIZONA SAID POINT /^ �xttR G7 ! �" BEING THE POINT OF BEGINNING: W o �� I I I } 1 I;_•,.r 1� IL;.fI THENCE SOUTH 89 DEGREES 45 MINUTES 30 SECONDS WEST ALONG SAID NORTHERLY LINE.A ht9f:1� i } r'':' # DISTANCE OF 377.81 FEET: THENCE DEPARTING FROM SAID NORTHERLY UNE,NORTH DO DEGREES 16 MINUTES 28 JyM1 1¢ O SECONDS NEST,A DISTANCE OF 579.30 FEET: r� I / C 114 `•� I It THENCE NORTH DEGREES 45 MINUTES 30 SECONDS EAST,A DISTANCE OF 377.80 FEET r q' Ilu. y s'l 70 A POINT ON THE WESTERLY LINE OF PARCEL CONVEYED TO THE COUNTY OF PINAL IN o_ " M1� ! i •.1 i d If.,;&I DOCKET 1160.PACE 753,RECORDS OF PINAL COUNTY,ARIZONA; 7 El i q. s I(': g� a �y - / 7! '� } I t a• ! g (�,ml THENCE SOUTH 00 DEGREES 16 MINUTES 26 SECONDS EAST ALONG SAID WESTERLY LINE,A II I ------ DISTANCE OF 579.30 FEET TO THE POINT OF BEGINNING: I IIII';`±W v f r.-ti 11 EXCEPT THE SOUTH 241 FEET THEREOF; AND �f \ ,r EXCEPT THE EAST 35 FEET THEREOF: AND I I } fi)gM1 3 rn Ilil)m EXCEPT ALL COAL AND OTHER MINERALS AS RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA. 0 ..-------- PARCEL N0.'t--" 2• AN EASEMENT FOR DRAINAGE OF SURFACE RUN OFF,INGRESS,EGRESS, SIGNAGE. \ PROPOSED Butom I � 1 �_ t 1 �I�fy'� yq" IL MONUMENTAnON.LANDSCAPING AND IRRIGATION AS CREATED BY INSTR6MENT RECORDED IN V FIE-90.00 \ II `` 1 I 1 l i;l I =} I(�r FEE NO.2000-0 2 36 8&RECORDS OF PINAL COUNTY.ARIZONA. FIL-9n67 \ I I } �'Qq`;:al RETENTION REQUIREMENTS e1• I I I 1 , B-+t11 RETENTION REOURtED: lk� 1%A X C NOTE: ,y J yp PER THE DEVELOPMENT AGREEMENT _ H' - ----- - } 1 \ I •1 n� MT.lie, 144.M X 0.50 X 1.1 WITH THE ADJACENT PROPERTY TO THE i P 1 I I I fi'} 1 oye l'•1r0"y yt� 24% 12 SOU IN.SITE RETTN DON mLL BE 1/�49 lk�15,920 cf. .. BPROVI AswDED BY THE EXISTING RETENTION ,a / �\1 f � LEGEND of BENCHMARK RaHoaRYlraE INTERSECTION DAD MARKED F AEXp7Y OF 11 AASE JIE - .— —.- YCIION IPE �.I 3 m J rr 65.02'- p_'s.l l JUNCTION BENCHMARK 0157 HOLE APACHE., �`-sT OM��l NNE w - ! ` BRASS CAP IN A HAND 1 OOSIPIO CCNEOIR IR[ INE S89 45'�56 w 342.ao -- �__ 37 a ° " �f fi 11Y'' a (SOUTHWEST CORNER. SEC.31) � I���, _ FW �.. 1 \ /\~ r �'• _ Y 1 �y� !�`' 9 ELEV.:1 50.74 -� PRl>M DKCTION OF FLU 47507q APH 102-19-007F \ OWNER: TEE JAY 1,LLC `` y " o�!!c'; t >1t590+t D05TE1C SPOT BEYAIIW STEVEN Il 1 EX, ZONING: C3/PO I .7 •�I p I I"•'I I I 7C TOP OF CURB BARGREL •I E1tl571NO CONVENIENCE STORE/CAS STATION / q '• Jl I IF:1i, 1 - ------------- r 1. �I n':,j P PA1f1DIT w — - — — —— — N II 1j II'•y IX A0.5•[NO L7�IRE5: 3/31/17 �f � 1 I�:-I MN ASSf9Mi'S PARCEL tRA6FA _ • ! - 1 1 \ I \ DKE DOCKET IM^wI AGB -- -- rl PC PACE B/C BALK OF CM p e m 0�9�-22-,4 V 1 - 1 1 I 1 r- ly.l l IFy�'f. S/N SIDEWALK 1 1 1 1 I // v -:FI SL STREET I1WT SCALf- 1"-20• FIL r1N1sl FIDW fLEVABCN Pan4cr 131202 ELEC. MT10C o I I \ FLOOD IN9jJRAl�IC$RATE MAP�ININbRMATION Mn. ooaaT F•P�• S.—y-131202 -to 0GR/i1 D 20 40 �(/i I r f"�;1 \ } NUMBER PMl0.DATE SUFFl% 0�E DATEM ZONE ADIN AO ZON USE DEPT!1) CH CATCH BM SHEET 1101 �t c IN FEET I'Y l�7`41 I I Tj ''>��' - - } 1 INCH�20 FT Il I f 1 jv:}1 040120 12�Of-07 E 12-04-07 % N/A C.•T/ % ASPHALT PAM30T � OF PROPERTY IJNE(TYP) I LANDSCAPE NOTES P v 0 0 iz -- — 1 I.CONTRACTOR TO OBTAIN PERMITS FROM LOCAL AGENCIES AND UTIUTY COMPANIES HAVING I 1 — ° ° ° ° — — —Y — I I • JURISDICTION OVER HIS SHE. 2.CONTRACTOR TO VERIFY LOCATIONS OF ALL UNDERGROUND UTILITIES PRIOR TO ANY INSTALLATION. - - - '- p ® I I 3.CONTRACTOR SHALL PROVIDE ALL LABOR,MATERIALS,AND EQUIPMENT NECESSARY TO INSTALL HE I 1 WORK INDICATED ON THE LANDSCAPE DOCUMENTS.HE SHALL BE RESPONSIBLE FOR CAREFUL SHE I ° ° TRASH ENCLOSURE �� - ' o I I I INSPECTION.DETAILED REVIEW OF HE PLANS,AND COORDINATION WITH OTHER CONTRACTORS ON-SHE I 1 I v v PRIOR TO ANY INSTALLATION.ANY DISCREPANCIES SHALL IMMEDIATELY BE BROUGHT TO THE ATTENTION I I MD ° I OF HE OWN ER'S AGENT. ( I I 1 f -. Q I 4.PRIOR TO INITIATING WALL I a T1NG THESE LANDSCAPE IMPROVEMENTS,THE LANDSCAPE CONTRACTOR MUST I NEW BUILDING �° f 1 I W w W SCHEDULE A PRE-CONSIRUCTION MEETING ON-SHEH WITH E APPROVAL OF HE OWNER AND HE I I U GENERAL CONTRACTOR.THE OWNER'S REPRESENTATIVE AND/OR THE PROJECT LANDSCAPE ARCHITECT MUST BE BE IN CONFLICT T. E WITH THESE LANDSCAPE CONSTRUCTION E THEREFORE DOCUMENTS NTSS AND EREFORE PURPOSE OF THIS MEETING IS TO RESOLVE ANY EXISTING SITE MO P TH E ENS T MAY O I j ---..--------- INSTALLATION OF ANY OF THESE PROPOSED IMPROVEMENTS,HIS FIRST MEETING SHOULD BE SCHEDULED I 1 I f I TO OCCUR AFTER THE COMPLETION OF ON-SITE AND OFF-SITE IMPROVEMENTS INCLUDING:ALL I ® I I T UNDERGROUND UTILITIES,MASS GRADING,AND SR IMPROVEMENTS, I � S.DAMAGE TO EXISTING LANDSCAPING,UNDERGROUND UTILITIES,IRRIGATION LINES,ELECTRICAL LINES, w I � I T I ETC.SHALL BE REPAIRED AT CONTRACTORS EXPENSE. I I I I 6.ANY DISCREPANCIES FOUND BETWEEN THE PLANS AND THE SITE CONDITIONS SHALL BE BROUGHT TO THE I ATTENTION OF HE LANDSCAPE ARCHITECT. I I N 7.ALL QUANTITIES PROVIDED ARE FOR BIDDING PURPOSES ONLY.LANDSCAPE CONTRACTOR SHALL I I I I d VERIFY ALL QUANTITIES PRIOR TO CONSTRUCTION. I ,� ®�® ®� �® I I ' S.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL FINISH GRADES IN LANDSCAPED AREAS.HE SHALL ` 1 _______r r__.. I t DETERMINE,WHH THE GENERAL CONTRACTOR.THE EXTENT OF ROUGH GRADING AND/OR NNE GRADING I I I I I 06 TO BE ESTABLISHED BY OTHERS. I NEW BUILDING I Ur 9.ALL GRADING AND DRAINAGE SHALL BE IN ACCORDANCE WITH THE PLANS PREPARED BY THE PROJECT I I f CIVIL ENGINEER,OR AS DIRECTED BY THE OWNER'S AGENT.PROVIDE POSMVE DRAINAGE AWAY FROM THE BUILDING($)IN ALL CONDITIONS.CONTRACTOR TO MEET ALL EXISTING GRADES AT PROJECT I NJ I I I Z BOUNDARIES.FINISH GRADE SHALL BE 3'BELOW THE TOP OF ADJACENT WALKS AND CURBS PRIOR TO Q RECEIVING MULCH OR DECOMPOSED GRANITE, 10.ALL AREAS DISTURBED DURING CONSTRUCTION TO BE FINE GRADED.ADJACENT UNDISTURBED AREAS I I 1 I - I,h I I DAMAGED OR DISTURBED TO BE RESTORED TO ITS ORIGINAL CONDITION AT THE CONTRACTOR'S EXPENSE. I I ------ - ACCESSIBLE RAMP(TYP) SVT 11.CONTRACTOR SHALL FINE GRADE ENTIRE LANDSCAPED AREA AS REQUIRED FOR INSTALLATION OF _ _ 'ICY I 1 I �p�N7ti g� PLANTING. ALL GRADES SHALL BE NEAT.RAKED SMOOTH AND BE FREE OF DEBRIS PRIOR TO SUBSTANTIAL --- - I C� I I T 602W6s422 COMPLETION. IvfiJ I F M 2"_907 12.PRIOR TO SPREAOING MATERIAL GROUNDCOVERS,ADJUST AND COMPACT FINISH GRADES.APPLY 1 ---- WEED PRE-FMERGENT SURFLAN AS PER MANUFACTURER'S INSTRUCTIONS.HEN SPREAD DECOMPOSED I Y p1 I I I I 0 GRANITE.RIVER RUN.OR MULCH AS INDICATED ON PLANS.DECOMPOSED GRANITE SHALL BE WATERED. I I + Q PLkN'°NG THEN COMPACTED WITH A SOD ROLLER TO A MINIMUM DEPTH OF 7'AFTER COMPACTION.PROVIDE A O UH°SCAPE ARCH7Ecnme SECOND APPLICATION OF THE PRE-EMERGENT SURFLAN AT THE END OF HE MAINTENANCE PERIOD. o ITflmmm 1 OZ 13,ALL LANDSCAPED AREAS SHALL RECEIVE A 2'TOP DRESSING OF DECOMPOSED GRANITE.PROVIDE w SAMPLE OF SIZE AND COLOR FOR APPROVAL BY OWNER'S AGENT PRIOR TO DELIVERY. I I Y Q w 14.STAKE LOCATIONS OF ALL TREES FOR APPROVAL PRIOR TO INSTALLATION OF ANY PLANT MATERIAL. I mmm ! f O Q IS.ALL PLANT MATERIAL SHALL BE HEALTHY.VIGOROUS,WELL BRANCHED AND DENSELY FOLIATED(WHEN IN-LEAF)AS IS TYPICAL FOR THE SPECIES.THEY SHALL HAVE HEALTHY,WELL DEVELOPED ROOT SYSTEMS I I I I 0 (NOT POT BOUND),A NORMAL HABIT OF GROWTH CONSISTENT WITH INDUSTRY STANDARDS,AND FREE OF I ® I I I Z W p ANY BRUISES,CUTS,OR OTHER ABNORMALITIES.PLANT MATERIAL SHALL BE SUED IN ACCORDANCE WITH I o SIGN I ' O ! \ O HE AMERICAN STANDARD FOR NURSERY STOCK,LATEST EDITION,PUBLISHED BY THE AMERICAN I 2Y I t.J ASSOCIATION OF NURSERYMAN;AND THE ARIZONA NURSERYMAN ASSOCIATION STANDARDS. °o ® LANDSCAPE 3. ETB t 16. BACKFILL MIXTURES,EXCEPT AS NOTED,TO BE COMPRISED OF 75% NATIVE SOIL AND 25% SACK j L1.I DECOMPOSED GRANULAR BARK MULCH,AND 2 LB$.DISPERSAL PER CUBIC YARD OF BACKFRI. I ® 1 1 I O Z 04 17.ADD AGRNFORM FERTILIZER TABLETS AT THE FOLLOWING RATES: I ° I (� I O O I GALLON PLANT-1 TABLET 15 GALLON PLANT-4 TABLETS — 5 GALLON PLANT-2TABLET BOXED TREE-6 TABLETS(MIN.) U TABLETS TO BE PLACED NO DEEPER THAN 6'BELOW SOIL SURFACE. 18.LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ALL PLANIS SHOWN ON PLANTING PLAN.DO NOT ® ° ° ! I T O Q SUBSTITUTE PLANTS BY TYPE OR QUANTITY WITHOUT WRITTEN APPROVAL FROM HE LANDSCAPE ARCHITECT OR OWNER'S AGENT. NEW BUILDING ( � i I{D I 0 < Q (� 19 THE OWNER'S AGENT RESERVES THE RIGHT TO REJECT ANY SELECTION OF PLANT MATERIAL THAT DOES 1 ifs — NOT SATISFY HE INTENT OF HE LANDSCAPE DESIGN BASED ON;SIZE.SHAPE EVIDENCE OF STRESS OR I # -x LLJ Z IMPROPER CARE. I W W J 20. PRIOR TO NITIATING THE 90-DAY MAINTENANCE PERIOD,COMPLETE ANY INITIAL PUNCH LIST ITEMS, NEW BUILDING THEN OBTAIN APPROVAL FROM OWNER'S AGENT OF SUBSTANTIAL COMPLETION.DETERMINE WITH 1 t9l ® ( I l..0 Lu Z O OWNER'S AGENT THE START DATE FOR THE 90-DAY MAINTENANCE PERIOD.CONTRACTOR TO THEN 1 _W�..__ I ® �m I Z m z 0 MAINTAIN LANDSCAPE WHICH MAY INCLUDE WATERING,WEEDING,PRUNING,AND REPLACEMENT OF t ANY MATERIAL THAT HAS DIED OR IS SHOWING EVIDENCE OF STRESS.SUBMIT WRITTEN REQUEST FOR FINAL �I/ e LJ-J W 01. PUNCH UST ONE WEEK PRIOR TO END OF MAINTENANCE PERIOD. 1 TRASH ENCLOSURE 21. PROVIDE OWNER WITH A WRITTEN GUARANTEE OF ONE YEAR FOR ALL TREES AND SIX(6)MONTHS FORLli I _L ALL OTHER PLANT MATERIAL DATED FROM START OF MAINTENANCE PERIOD AGAINST DEFECTS INCLUDING 4 I o I Q d w DEATH AND UNSATISFACTORY GROWTH.PROVIDE OWNER WITH WRITTEN INSTRUCTIONS Z Q 4 UCTIONS OUTLINING 1 0 ����� � � MAINTENANCE PROCEDURES TO BE ADOPTED IN ORDER TO PROTECT GUARANTEE.INCLUDE WATERING 0_ i• 1 Av SCHEDULE AND FERTILIZER PROGRAM. L•� t:' . 0 n I I 3 p Joer+o. S.00a I PLANT SCHEDULE L __ _ _---- --_ _ ° _ ` T1470ZRo uwA"51 Ica C ---- ° p _ _ p O D i 6 APPROV®BY. 11, SYMBOL BOTANICAL/COMMON NAME lCUPRISIZEJAW.SKM IQTY.IREMARKS TREES ACACIA MULGA� 2Y24"BOX IS'XIS' STAKEASREQlIR87 I H �` TRASH ENCLOSURE ° PARM40NLA HYBRID DWI MUSEUW 1-115 GAL 20'X20' - STAKEAS REQLIRED OFF SHE PAVEMENT -a—————"" DFSERI MUSEUM PALO VERDE 2'//24-BOX ISIMIIHT"� t T p SOUIHERNAVE• J 1 L j DALBERGIA SISSOO 7/24 BOX 20'X20' - SIAKEASIIKJIKRED 0 SIS500 TREE SHRUBS O ; I�u CASSIA NEMOPHRA 5GAL 4'X4' - IGPH EANTIER $ PRELIMINARY �,I' UMAC AI ASSIA 3. U LlYAIEWn 5GAL. 3'X3' - IGPH EAUTIER Z LANDSCAPE PLAN ° VALENTINE EMU BUSH oOc f ��ra.Mgr Q Lft1COWRLUM WK44NME lYfM LEGACYIm 5 GAL. 4 X4' I GPH EMIFIER S EEW Y Q 2D 4D 80 LYNN'S LEGACY SAGE S a.Sus�nau ® RUELUA BRHONIANA 5 GAL. 4'X4' - 1 GPH WITTER p SCALE:1'�=20'-T 4 REVISIONS. BRITISH RUELLIA Q L TECO ORAPP NGE JUBILEE' 5 GAL. 676' - 1 GPH EMMR O A SI TE D ACCENTS Y Z ® HFSPERALOE PARVIFLORA S GAL. 3'X4' - I GFH EMITTER o RED YUCCA 3. GROUNDCOVER 4. 0 ACACIA REDOLENS'DESERT CARPET 1 GAL 2X6' I GPH ENITI'm WELINE ROAD N.C-N. Ij f7tlxwnRY ® LANTANA SPP. IGAL. 2'X3' - IGPH EMITTER 9F LANDSCAPE PLAN 'NEW GOLD'LANTANA DECOMPOSED GRANITE 1/2"$CREENED 7DEPMALL VICINITY MAP -TANNER GOLD"BY GRANTE EXPRESS LV4DSCAPE AREAS L 1 1 North NTS 3 i oFI 32 I 31 I 30 I 29 28 27 1 26 1 25 1 24 23 1 22 1 21 20 19 1 10 1 17 1 10 15 1 14 1 11 1 12 9 1 8 7 1 9 5 1 4 1 3 2 I A A � - � 4 ➢ B V o ti ! a � F I 1A-tT 4'4- 2V4r 4'-0' x6-0' 4'-0' W-W !w4r S21'•1' Sx1'd' rxl'-1• e2P-P - G II II II II rt !I II If !I II II It II !I II II II 11 II II II !I II II II O I 11 II II II 11 II II II N II II II II /Y1 p "-" II II II II LLJ Q II II II II � � Q II II II II 8 O a 11 !I II II O Y SUITE II SUITE it SURE II SURE II SUITE Z Z ' K 1a1 II sox 11 1DJ II 1w II 0 0 O � 11 it II II y U E II 11 II II F. Z �� II II II II M O O uj b II II II II b W W II 11 li II !! M I 11 II II II Q "! I II II II II a I II II II II d II II II II Q i� � II II II II II li II II �1 C7 u u ' c 111 � >` 4•Jr ,5•z zr 19'-9' 74S 1s'-2• 410• Q 1.- 141 2 IC4 4'-01 12'4• 4'41 16-0' 4'-0• saes 2P-0• 1S{' 2f41` 19{• 20'-0' +oDIAfL MW eµ..a6nzon Sj}j}I M k a D.I.Ia*h T ! u E; SAC Erdea Mffrbw i3 20$3 52 FLOOR PLAN- S V BUILDING 1 j�1 I F� N - w i X X32 FLOOR PLAN-BUILDING 1 A 101 t vw• vo• 32 31 34 ?D I 20 I 21 29 25 2• 2J 22 11 20 19 19 17 I 19 1S 14 13 12 11 16 S e e I 4 I 2 y I- R 71 1 30 1 79 1 24 I !/ 1 2e 1 2$ 1 24 23 E 22 21 21 1 19 1 10 1 17 1 16 16 1 14 1u u 11 le u 7 s _t s 4 7 2 11 A T C n 3 _ U i 9 C 7 0 n i F IN-V 14'.11' 4'4r 26C 4'C 26'C 4'4r L 26*A' L 4d 7Pd1 4'C 26C 4'C 14'-11• *20'-0' s20'$ e2PC z21'-1' r11'd' a2t'd' t2f'•i' tw-w s10'C O H I II II II II II II II I II n n II II II II I II II II II II II II I II II II II II II II I II II II II II li II � I rl II II II II II II I 11 II II II II II II o u n n u u u u u M N II u n a u u u n W a W u I I u a u u u u o o Z o �6 n u 11 u u u n n 3 1 u u li u u u u 2 z K II 11 11 II II II II Z � SUITE I, SUITEII SUitE II SUS II SUITEII 3lNtE II SURE II Su1rE II SURE CC0 Lu II n q II II II 11 n b II II II II II II II II a w 04 = t >? II II II II II II II U § n I U II II II II II II 11 II m IL II II II II 11 II II II 14 M II II II II II II II II w Q 6 II II II II II II I! II Q �_ a 11 II II II II 11 I! it a 1� II II II II 11 II 11 11 II II II II II II II II i� N II II II II II II II II yt § II II II II II Il § aC �( 11 II li II II II ED gE II II II II I[ II _-- II Il II II It II I § S o t 1 4'1 4'C 16C 4'C IPC _ r� --------- ------- - ------- o a 4 _—___—___. Z11 IBC 17J' 4'-0' 2 IBC 4'C 17�' 4'fi 1Pd' 4�— fi0A' IPA' W.V. CaR 176 ! R 9q�Zoru. �yh q Fww4r+aaao-vl>r 11 Mark 6 Dale(D4.4V) t It 2013,52 FLOOR PLAN- V 1 BUl_DING 2 N 8 X32 FLOOR PLAN BUILDING 2 Al 02 l` I76'•1'C 32 31 30 1 29 1 29 27 26 25 21 2J n 21 20 $2 10 I7 •6 5S 14 13 12 $1 10 9 e ) e a 4 ! 2 1 I°.'v%• ��..`.."�_� sC., s.. ..`�..... N A o...e.e.�.�..r0 F 9 i,ws•O�v I+-...�Z..� .w..-1 r �- 7 X '0 ` 2 k' W W GW N N � N 8 Cn i § a Cq 5 D 4 C S � m r- m I- — m D r Z O Z � oo Z o0 2i C m � r C i=- z ❑ z O z^^ 'O G) OOq b= TER l z I _ I 09� 'osl o= i3 I f3 q N O g c ; o IF m m I . D I O r Z - I Will . — ❑ II , Z a O „ n - Sy— � o x o- N O 4 m m O ® ® ® 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o �# o v A °(�/ �f0 �fKA t%� �� rn~ �N �y� Lt 1n• °n .��ij �� 2�J� ZN et � � m • o o �P £a M£ DESERT HARBORSk m ah 0 'Q 3752 SOUTH IRONWOOD ROAD a r c h e c i u r e C o m p a r y APACHE JUNCTION,ARIZONA 85120 « z [ x I — z m • o e l • > Y. N N IW Jr zq 0 4 0, rn Z p °'`� Z 4 .: r-oe Z r.s. ,.er' . • Y 1 N a • •'• ~tom . .. q Y N L [ - .� a r• L L 1 - 1 •f lilii �1 - N M > r k g � —17 foo - ' 3 • - y b IrI c j 1 IIF � 1 — C C � 8 Z { - _ 1 ,1 >! s • � - 1 I M I t _ • 0 0 ® (D 0 (D (D 0 00 G a 0 G a Q 7R M 4 N :M4€14 >'r, DESERT HARBOR — N N 3752 SOUTH IRONWOOD ROAD A r t. i act , r e o T p a n , _ APACHE JUNCTION,ARI2ONA 85120 ,.MA ROLL CALL WS REG: SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO VICE MAYOR BARKER COUNCILMEMBER EVANS v� COUNCILMEMBER RIZZI ✓ ✓ COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL CITY STAFF � City Manager George Hoffman1 Assistant City Manager Bryant Powell ✓ V City Clerk Kathleen Connell City Attorney Joel Stern Public Safety Director Tom Kell {. Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs. Director Larry Kirch Human Resources Director Liz Rile Assistant to the City Manager Matt Busby OTHERS: Date: / /� CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeses No❑ Only If Necessary ❑ i ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Z1, Yl �/ �'►�(2 Name (Print) q sit l Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12