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Home My WebLink About2011 02.14 City Council Work Session Agenda ACHF aG O� tip! • -0 City of A.pache Junction z Home of/he .S upe/:c/itto// .l I oil/rtJ/>1s APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, February 14, 2011 7:00 PM AGENDA 1. CALL TO ORDER. 2. ROLL CALL 3. PRESENTATION BY MEDIACOM REPRESENTATIVES AND DISCUSSION ON MEDIACOM MERGER AND CHANGE OF CONTROL. Mediacom Arizona, L L C,operates and maintains the city's cable television system. On November 12,2010, Mediacom entered a merger with Mediacom JMC Communications, L L.C.and Rocco Commisso,under which all publicly traded shares of Mediacom's will be cancelled and exchanged and Mediacom will cease to be traded publicly. As a result,the corporate structure of Mediacom will change and Rocco Commisso will be the sole owner of the company. This corporate merger will not impact the operational functionality of the License Agreement Applicable provisions of federal law,the License Agreement, and the Apache Junction City Code all require the consent of the city for the change of ownership In accordance with these requirements, Mediacom has requested the consent of the city to allow the corporate change. The attached review of the merger by Moss&Barnett recommends approval of the corporate change. 4. PRESENTATION AND DISCUSSION ON THE USE OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT FUNDS. Although the city has conducted the public participation process for the Fiscal Year 2011 Community Development Block Grant and two separate fiscal years of State Special Project(SSP)funding,both Fiscal Year 2010 and 2011, recent information provided by the Arizona Department of Housing has indicated that the SSP program will not be in two separate application cycles,rather the funds will be combined into one grant, Fiscal Year 2010/2011 It is the city's intention to submit two applications under the FY10/11 SSP program although funding for both is unlikely As a result,a new public hearing will be required to clarify the available funding and the proposed projects This public hearing will be held on March 1,2011. 5. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-02,AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF LANDFORM ROCK ART GRAPHICS AT US 60 AND IDAHO ROAD. Presentation and discussion on an Intergovernmental Agreement with the Arizona Department of Transportation for the construction of landform rock art graphics at the Idaho Rd/US 60 interchange. 6. PRESENTATION AND DISCUSSION ON ENTERING INTO A CONTRACT WITH SOUTHWEST SLURRY SEAL FOR THE STREET MAINTENANCE SLURRY SEALING OF SELECT CITY STREETS IN AN AMOUNT NOT TO EXCEED $300,429.80. Presentation and discussion for the consideration of entering into an agreement with Southwest Slurry Seal for the street maintenance slurry sealing of select streets within the city 7. DISCUSSION ON POSSIBLE AMENDMENTS TO THE CITY CENTER ZONING DISTRICT. Councilmember Serdy has requested a discussion on amending the City Center Zoning District to allow a farmer's market. 8. DISCUSSION ON RESOLUTION NO. 11-05,DESIGNATING POLLING PLACES AND VOTING DISTRICTS; APPOINTING ELECTION BOARDS AND FIXING THEIR RATE OF COMPENSATION. This election-related resolution updates the tie of one of the city polling locations(Cactus Ca I Junior High School),adds the title of Voter ID Clerk to the list of election board workers,and makes minor revisions to the board worker pay schedule 9 ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m, excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time p ACk _____ City of Apache Junction U Home of the .Superstition Mountains 4Pizoto. a Print TO: City Manager's Office FROM: R.Joel Stern, City Attorney DATE: February 14,2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: PRESENTATION BY MEDIACOM REPRESENTATIVES AND DISCUSSION ON MEDIACOM MERGER AND CHANGE OF CONTROL. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Mediacom Arizona, L L C, operates and maintains the city's cable television system. On November 12, 2010, Mediacom entered a merger with Mediacom JMC Communications, L.L.C. and Rocco Commisso, under which all publicly traded shares of Mediacom's will be cancelled and exchanged and Mediacom will cease to be traded publicly. As a result,the corporate structure of Mediacom will change and Rocco Commisso will be the sole owner of the company This corporate merger will not impact the operational functionality of the License Agreement. Applicable provisions of federal law, the License Agreement, and the Apache Junction City Code all require the consent of the city for the change of ownership. In accordance with these requirements, Mediacom has requested the consent of the city to allow the corporate change. The attached review of the merger by Moss & Barnett recommends approval of the corporate change. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download 0 Brian Grogan opinion memo •�i•i Moss & Barnett A Professional Association MEMORANDUM To: Joel Stern From: Brian T. Grogan, Yuri Berndt Client: 40003.3 Date: January 28, 2011 Re: Mediacom Proposed Change of Control Financial Qualifications I. SCOPE OF REVIEW We have reviewed selected finandal information provided by Mediacom Communications Corporation, a Delaware Corporation ("Mediacom") in conjunction with Mediacom's request for approval of the change in the ownership of Mediacom, which indirectly owns the television cable system (the"System") serving the City. The selected financial information that was provided by Mediacom,, and to which our review has been limited, consisted solely of the Preliminary Proxy Statement relating to a Merger, Acquisition, or Disposition (Schedule 14A), as filed with the Securities and Exchange Commission on December 3, 2010 (the financial information, as provided therein, is referred to herein as the"Financial Statements"). Mediacom did not provide the City with a FCC Form 394 "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise."Federal law does not mandate the submission of FCC Form 394 although the cable industry has typically used Form 394 when seeking approval from local franchising authorities. Our procedure is limited to providing a summary of our analysis of the Financial Statements in the Preliminary Proxy Statement to facilitate the City's assessment of the financial capabilities of Mediacom to continue to be the operator of the System serving the City following its proposed change in ownership. II. OVERVIEW OF TRANSACTION Mediacom, JMC Communications LLC, a Delaware limited liability company, and Rocco B. Commisso ("Commisso") have entered into an Agreement and Plan of Merger dated November 12, 2010 (the"Merger Agreement"), pursuant to which all of the publicly traded shares of Mediacom's common stock not held by Commisso (or stockholders related to Commisso) will be redeemed at the price of$8.75 per share upon the consummation of the merger (the"Merger").' JMC Communications LLC was formed on June 14, 2010 and See Mediacom Communications Corporation's Preliminary Proxy Statement,Schedule 14A,as filed with the Securities and Exchange Commission on December 3,2010(the"PPS"),at p i Joel Stern January 28, 2011 Page 2 Commisso is its sole member and manager.' Mechanically, the Merger will be consummated under Delaware law by the merger of JMC Communications LLC with and into Mediacom Communications Corporation, which will be the surviving entity.3 As a result of the Merger, all of the issued and outstanding shares of Mediacom stock will be cancelled and exchanged for $8.75 per share, excluding the shares owned by Commisso and shareholders related to Commisso, and Mediacom will cease to be traded publicly.4 Commisso's (along with the Commisso related stockholders') Mediacom stock will be cancelled and 1,000 shares of new Mediacom common stock will be issued to Commisso (in exchange for all of Commisso's JMC Communications LLC membership interests).5 The total redemption price for the Mediacom public shareholders'stock to be paid by Mediacom is $361 million.6 Mediacom will incur additional costs related to the Merger of $45.8 million per the Preliminary Proxy Statement.' The Merger is scheduled to close in the first half of 2011.8 The closing is subject to the satisfaction of several conditions described in the Merger Agreement, the most significant of which are. (i) approval of the Merger transaction by the Mediacom shareholders, including the separate approval by the minority shareholders that hold all of the publicly traded Mediacom stock; (ii) Mediacom's obtainment of financing to cover the Merger consideration; and (iii) Mediacom's obtainment of a solvency opinion for Mediacom.' Mediacom's public filing with the Securities and Exchange Commission included a copy of the Merger Agreement, but no detailed information regarding the financing of the Merger consideration was provided, except as stated in general terms in the Preliminary Proxy Statement. As such, our review of the Merger is limited as provided therein. III. OVERVIEW OF MEDIACOM 1 Summary of Mediacom. Mediacom's predecessor was founded in 1995 and Mediacom completed its initial public offering in February of 2000.10 Mediacom is the eighth largest cable operator with a significant subscriber base in the Midwestern and Southwestern areas of the United States." Mediacom is the largest and second largest cable operator in the States of Iowa and Illinois, respectively.'' Mediacom is acquiring, operating, and developing cable television systems in selected non-metropolitan markets in 22 states.13 Mediacom had approximately 1.2 million basic subscribers as of the end of the third quarter of 2010.14 2 Id at p 73 3Id at p i 4 Id 5 Id at p A-6. 6 Id at p 44 Id 8 See Mediacom Communications Corporation's Form 8-K filed with the Securities and Exchange Commission on November 18,2010 9 PPS at pp A-24 through A-25 10Id at pp 1 &66 11 Id at p.66 12 Id 13 Id 14 Id Joel Stern January 28, 2011 Page 3 2. Rocco B. Commisso. Commisso is the Chairman and Chief Executive Officer of Mediacom." Commisso, through his Mediacom common stock ownership, has retained a majority of the voting power and control of Mediacom.16 According to the Proxy information, Commisso's reasons for initiating the Merger include: (a) Commisso's assertion that Mediacom can operate more effectively as a privately-owned company and avoid the public shareholders' (and their analysts') expectations, scrutiny, and requests, (ii) increasing the value of the Mediacom common stock for the public shareholders, (iii) increasing management's flexibility to make decisions that have a positive long-term impact on Mediacom, and (iv) allowing management to avoid the constant distractions related to the public shareholders.17 After the Merger, Mediacom anticipates that Mediacom will continue its current operations, which will then be wholly-owned by Commisso.1B 3. Competitive Environment. The financial performance of cable television system operators is subject to many factors, including the competitive environment in which they operate. Mediacom, as a cable television system operator, faces competition from several alternative methods of distributing video programming and from other sources of news, information and entertainment, the future growth and success of which could have a material adverse impact on Mediacom's prospective financial results from operations. Generally known sources of such alternative entertainment include such sources as television broadcast programming, direct broadcast satellite programming, newspapers, movie theaters, live sporting events, overbuilds of franchised cable systems and home video products. 4. Financing. The Merger consideration to be paid to the public shareholders, other than Commisso and shareholders related to Commisso, as a result of the Merger will be funded directly from Mediacom's existing credit facilities.19 As of September 30, 2010, Mediacom had in excess of $2.541 billion of debt outstanding 20 As of September 30, 2010, Mediacom had $734.5 million of available credit in facilities held by its principal subsidiaries, Mediacom, LLC and Mediacom Broadband, LLC.21 Of this amount, $731 million was available to be used to fund the Merger transaction.22 In addition to financing the Merger, the cable television business is inherently capital intensive, requiring substantial capital for the construction, maintenance, and expansion of cable, plant, and distribution equipment as is shown by Mediacom's extensive capital budget.23 Based upon the projected Merger cost, Mediacom has sufficient credit to fund the Merger transaction and meet its on-going capital requirements. Although Mediacom believes that it will be able to generate cash and obtain financing sufficient to meet its working capital requirements, there are no assurances that Mediacom can provide that it will be successful in these endeavors. Over the last five years, Mediacom did not fund its on-going cable system operation and fixed charges 15 Id at p. 1. 16 Id 17 Id at pp 33 &38 18 Id at p 34 19Id atp 17 20 Id.at p.45 21 Id 22 Id 23 Id at p 35 Joel Stern January 28, 2011 Page 4 solely from working capital resources generated from operating activities.24 However, Mediacom has generated cash and obtained financing in the past five years to meet all of its operational, debt service, capital improvement and acquisition needs.25 Mediacom has never produced sufficient excess cash flow to pay a dividend during its corporate existence.26 Mediacom's continued reliance on external capital and borrowings as a means of remaining a going concern raises questions about its long-term stability, especially in light of the fact that the future performance of Mediacom is subject to general economic conditions and to financial, political, competitive, regulatory and other factors, many of which are beyond Mediacom's control. Overall, the net result of the Merger is the acquisition of$377 million of additional debt, which represents a 15% increase in Mediacom's debt, in exchange for the removal of the public shareholders from Mediacom's ownership. As stated above, Mediacom provided only the Preliminary Proxy Statement for our review in requesting the approval of the change in control of the ownership of Mediacom. Mediacom did not provide us with the detailed projections used by its investment bankers to determine the $8.75 per share redemption price of the public shareholders' Mediacom stock.27 Since we were not provided with the detailed projected Mediacom financial information, we have reviewed only the limited historical financial information as provided in the Preliminary Proxy Statement. IV. FINDINGS 1. Analysis of Mediacom Financial Statements. Neither federal law nor FCC regulations provide franchising authorities with any guidance concerning the evaluation of the financial qualifications of an applicant for a cable franchise. In certain circumstances, it is appropriate to consider the performance of an applicant based on the applicant's historical performance in relation to recognized industry standards. Given the fact that Mediacom has a history of cable system operations, such statistical analysis is relevant with respect to the Merger transaction. We have analyzed the Mediacom Financial Statements, in part, using generally recognized business analytical factors. Based upon the Financial Statements that we reviewed, the following is a summary of the various financial factors for the 12-month period ended December 31, 2009, and the 9- month period ended September 30, 2010. 2. Specific Financial Statement Data and Analysis. (a) Assets. Mediacom had total assets of $4.052 billion and $3.977 billion as of September 30, 2010, and December 31, 2009, respectively.28 Mediacom's assets remained stable between 2009 and 2010 as no significant acquisitions or dispositions were made in this time period. 24 Id at p 70 25 Id. 26 Id at p 73 27 Id at p 36 28 Id at p 70 Joel Stern January 28, 2011 Page 5 (b) Liabilities and Equity. Mediacom had. (i) debt of$3.391 billion and $3.365 billion, and (ii) equity of $270.7 million and $265.0 million as of September 30, 2010, and December 31, 2009, respectively.29 As of September 30, 2010, Mediacom's debt to equity ratio, which is a measure of the amount of debt in relation to total equity, was approximately 12.5:1. Generally, a low debt to equity ratio is considered favorable. Mediacom's debt to equity ratio is higher than many cable operators, and the draw down of the additional credit to finance the Merger transaction will further erode this ratio. (c) Income and Expense. Mediacom had• (i) revenue of$1,120 million and $1,460 million; (ii) operating expenses of$895.4 million and $1,160.6 million, and (iii) net income of$674,000 and $744 million for the 9-month period ending September 30, 2010, and the 12-month period ending December 31, 2009, respectively.30 Mediacom has generated cash flow from operations to fund its investing and financing activities over the last two years. Mediacom has also generated sufficient earnings to offset the total fixed charges which include interest expense. Mediacom's income and cash flow have trended positively over the last couple of years. It appears, based upon the limited financial information provided by Mediacom, that Mediacom projects its gross revenue to increase by just under 3% annually over the next 5 years.31 V. SUMMARY Using the FCC Form 394 to establish an absolute minimum standard of financial qualifications that a proposed applicant must demonstrate in order to be qualified as the continuing operator of the System, Mediacom has the burden of demonstrating to the City's satisfaction that Mediacom has"sufficient net liquid assets on hand or available from committed resources"to consummate the Merger and continue its existing operations, for three (3) months. This minimum standard is not easy to apply to the complex organizational structure of Mediacom and the multiple subsidiary entities that hold cable operations in other geographical locations. Based solely upon Mediacom's debt commitments as set forth in the Preliminary Proxy Statement and Mediacom's historical Financial Statements that we reviewed, Mediacom has sufficient debt commitments to consummate the Merger and operate the System. Based on the foregoing and limited strictly to the limited financial information analyzed in conducting this review, we do not believe that Mediacom's request for transfer of control of the System can reasonably be denied based solely on a lack of financial qualifications of Mediacom, if Mediacom obtains the financing as stated in the Preliminary Proxy Statement (Mediacom's failure to obtain the debt committed to Mediacom would result in the termination of the Merger Agreement and the transfer of the Mediacom ownership). 29 Id 3°Id at p 69 3' Id at p 36 Joel Stern January 28, 2011 Page 6 In the event the City elects to proceed with approving the proposed transfer of control, this assessment of Mediacom's financial qualifications should not be construed in any way to constitute an opinion by Moss & Barnett as to the financial capability or stability of Mediacom to (i) operate the System, (ii) operate its other operations, or (iii) successfully consummate the transaction as contemplated in the Merger Agreement The sufficiency of the procedures used in making an assessment of Mediacom's financial qualifications and its capability to become the successor operator of the System is solely the responsibility of the City Consequently, we make no representation regarding the sufficiency of the procedures used either for the purpose for which this analysis of financial capabilities and qualifications was requested or for any other purpose. 1736366v2 Lt.„tit" City of Apache junction Home of the .Superstition Mountains grzo14' al Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: February 14,2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE USE OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEARS 2010/2011 STATE SPECIAL PROJECT FUNDS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Although the city has conducted the public participation process for the Fiscal Year 2011 Community Development Block Grant and two separate fiscal years of State Special Project (SSP)funding, both Fiscal Year 2010 and 2011, recent information provided by the Arizona Department of Housing has indicated that the SSP program will not be in two separate application cycles, rather the funds will be combined into one grant, Fiscal Year 2010/2011 It is the city's intention to submit two applications under the FY10/11 SSP program although funding for both is unlikely. As a result, a new public hearing will be required to clarify the available funding and the proposed projects. This public hearing will be held on March 1, 2011 FISCAL IMPACT: OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully requests that Council review and discuss the proposed projects and changes to the State Special Projects program. ATTACHMENT Click to download D Staff Report D Proposed Projects Oink P A HE A } City of Apache Junction 4q+..ONp Development Services Department MEMORANDUM DATE: February 3, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Fiscal Year 2011 Community Development Block Grant Program including State Special Project Funds for the Fiscal YearS 2010/2011 —Public Participation Update and Proposed Project Discussion REQUEST Staff respectfully requests that the City Council review and discuss the proposed projects regarding the utilization of 1) Fiscal Year 2011 ("FY 11")Community Development Block Grant Regional Account ("CDBG")funding; and 2) Fiscal Year 2010/2011 ("FY10/11") State Special Project("SSP") funding. Both Programs are Federal grant programs administered by the Arizona Department of Housing .-• ("ADOH"). The CDBG funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process. BACKGROUND Since 1974,the United States Department of Housing and Urban Development("HUD")has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives. 1) Meet the needs of low and moderate income citizens, 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community. A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since 1982. The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding The City of Apache Junction is anticipating receiving approximately$140,000 in CDBG funds to be used over a two year period of time (January 2012—December 2013) These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The City may retain up to 18%of these funds for administrative costs This application is due June 1, 2011 In years past, the City partnered with the Town of Payson to receive double funding every other year. The City has chosen to end that partnership as of the FY11 due to anticipated changes in the CDBG program The City of Apache Junction is anticipating submitting an application (s) for the SSP funds which the City may request up to $300,000 per application to be used over a two year period of time These funds are a statewide competitive grant The City may retain up to 18%of these funds for administrative costs. The application is due June 1, 2011. Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In fact, to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects Ultimately, the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process Failure to meet the public participation requirements will result in the disqualification of the City from the programs and an inability to receive funds DISCUSSION FY10 SSP The FY10 SSP public participation process began on November 12, 2009 with a public meeting and discussion with the Leadership Team On November 30, 2009 staff presented the proposed projects for Council's review and discussion. During the December 15, 2009 Council Meeting, a public hearing was held to gain input from the public and from the Council on potential projects for the submission of the FY 2010 SSP funding At that time the City Council recommended that a project selection for FY10 SSP be held until the summer of 2010 for further evaluation and discussion Staff returned to Council on July 6, 2010 to advise the Council of the revised list of projects for consideration based upon additional research. 1) Downtown Redevelopment Project(Commercial Rehabilitation)= $300,000 2) Rehabilitation of Safe House= $66,000 3) Sewer Connections=$200,000 4) Downtown Redevelopment Project(Plaza Drive improvements)= $300,000 On September 7, 2010 during a public meeting, the Council selected to complete Phase Two of Plaza Drive improvements 2 FY11 CDBG and FY11 SSP The FYI 1 CDBG and FYI 1 SSP process began on October 19, 2010 with a public meeting. Additionally, on October 28, 2010 The Leadership Team met to discuss potential projects On January 4, 2011 during a public meeting,the Council selected to submit the following applications: 1) FYI 1 CDBG funding to install sidewalks along Old West Highway 2) FY11 SSP funding to complete improvements to North Apache Trail Although the City has conducted the public participation process for the FY11 CDBG and two �. separate fiscal years of SSP funding, both FY10 and FY11, recent information provided by ADOH has indicated that the SSP program will not be in two separate application cycles, rather the funds will be combined into one grant, FY10/i 1. It is the City's intention to submit two applications under the FY10/11 SSP program although funding for both is unlikely.As a result, a new public hearing will be required to clarify the available funding and the proposed projects This public hearing will be held on March 1, 2011 During the March 15t public hearing, staff will discuss the following 1) Objectives of CDBG o Projects that address low income residents, slum and blight, or an urgent need 2) Eligible sample projects o Housing rehabilitation, infrastructure, public safety, senior center, ADA compliance 3) Previous projects completed o www.ajcity net/cdbg 4) Funds available o FY11 CDBG=$140,000 o FY10/11 SSP=$300,000/each application 5) Grievance procedure o www.ajcrty net/cdbg 6) Recap the proposed projects o FYI 1 CDBG—Old West Highway sidewalks o FYI0/11 SSP—North Apache Trail Improvements and/or Plaza Drive Phase 2 o Housing rehabilitation is always a viable project 7) Council will be asked to select projects for application submission RECOMMENDATION Staff respectfully requests that Council review and discuss the proposed projects identified in Attachment 1 and changes to the SSP program. ACTION RgOj)IRED Staff is not seeking formal direction from Council at this time. A public hearing will be held on March 1, 2011 during the City Council meeting, at which time,the community may present projects and the Council will be asked to select a project for each application submittal. ATTACHMENTS Attachment I: Proposed Projects 3 Attachment 1 Proposed Projects for FY11 CDBG and FY10/11 SSP 1. Old West Highway Sidewalk Improvements a Installation of approx. 580 I f of curb & gutter and sidewalk along Old West Highway just west of Idaho Road on the north side of the road. This location is = t in front of the old Circle K and medical plaza u3�� 'mow Estimated cost = $78,103.30; and b. Installation of approx 145 I f. of curb & gutter and -- sidewalk along Old West Highway between Quik k �` Trip and CAC on the south side of the road. dt Estimated cost $21 ,646 90 Recommendation: Combined $99,750.20, these two projects work well under the FY11 CDBG application. The total grant funding is $140,000 which would include engineering and administrative costsIwo Or c. Installation of approx. 1156 U. of curb & gutter = "" and sidewalk along Old West Highway just east of Idaho Road on the north side of the road. This location in across the street from CAC on the west side of Winchester. Estimated cost = $180,898 30 Recommendation. This option is eligible under both grant programs Under the FY11 CDBG program, leverage of approx $80,000 would be required. Under the FY10/11 SSP program, this option is significantly less than the maximum grant amount of $300,000. Therefore reducing the City's access to the funding available 2. North Apache Trail Improvements Improvements are to be determined and specified once Construction Plans and Engineering Design has been completed Potential components may include but is not limited to a) installation of approx 8,779 s f. of sidewalk, b) installation of 229 I f. of curb & gutter, c) installation of 26 lights; d) paving of North Apache Trail between the Phelps Drive and Old West Hwy/Apache Trail interchange heading north toward Idaho Road. Proposed Costs Engineering $ 96,000 00 Misc Hardscape $ 121,633 00 Stamped concrete $ 217,035 00 ` i Sidewalks including curb, gutter $ 117,876 00 Asphalt $ 126,058.35 „ Lighting $ 22,680 00 Landscaping $ 77,833 00 Furnishings $ 24,276.00 Pavement Markings $ 1,260 00 Gazebo $ 54,802 00 Drainage $ 59,540.00 Mobilization/Contingency $ 136,967 82 $ 1,055,961 17 Recommendation: If this project is broken up into phases, the completed Engineering plans and design will enable to City to seek alternate funding sources for the completion of this project This is best suited under the FY10/11 SSP program in which a greater impact can be made. 3. Plaza Drive — Phase 2 Phase two remains a viable project however there is the consideration of how far the Council wishes to complete the improvements to match that of Phase 1 . Public Works has provided the following funding options with the improvements beginning at Virginia and heading south on Plaza Drive a) 610 linear feet to the driveway of Lost Dutchman (the Scenic Road alignment) = $488,827 b) 755 linear feet to the north edge of Saguaro Fitness = $605,024 c) 871 linear feet to the south edge of Saguaro Fitness = $697,981 d) 1 ,224 linear feet to the old Bashas Plaza = $980,859 Recommendation: Because this project has already been submitted for funding under Phase 1 , the likelihood of award for multiple phases for funding is reduced considering the cost and significance of the roadway. This project is best suited for FY10/11 SSP funding. 4. Housing Rehabilitation Given the beneficiaries, housing rehabilitation remains a viable project. Recommendation: This project would best be suited for FY10/11 SSP funding. tz?XCHE G C4 utict o Uy. . { Apache Junction Z of1 Home of the Superstition Mountains Mains 4arzoOP. a,Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: February 14, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 11-02, AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF LANDFORM ROCK ART GRAPHICS AT US 60 AND IDAHO ROAD. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Presentation and discussion on an Intergovernmental Agreement with the Arizona Department of Transportation for the construction of Iandform rock art graphics at the Idaho Rd/US 60 interchange. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommendation for approval. ATTACHMENTS: Click to download 0 Memo to Council 0 Resolution 11-02 PACK y Public Works Department City of Apache 4R off. Junction Home of the Superstition Mountains DATE: January 26, 2011 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL THRU• GEORGE HOFFMAN, CITY MANAGER DAVID FERN, PUBLIC WORKS DIRECTOR FROM: SHANE KIESOW, PUBLIC WORKS MANAGER SUBJECT: CONSIDERATION OF IGA WITH ADOT Staff would like City Council to give consideration for approval to allow the Mayor to enter into an IGA with ADOT for the construction of landform rock graphics at Idaho Rd/US 60 interchange. The work will be funded through Federal Transportation Enhancement funds previously granted to the City for the graphic of the "coyote" Staff plans to discuss this proposed work and IGA at Council Work Session with the plan to have it on the March 1st Regular Session consent agenda. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 RESOLUTION NO. 11-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF A LANDFORM GRAPHIC ON U.S. 60 AT IDAHO ROAD. WHEREAS, the State of Arizona ("State") and the City of Apache Junction, an Arizona municipal corporation ("City") , desire to enter into an Intergovernmental Agreement ("IGA") allowing City to participate in the design, construction and maintenance of a landform graphic at the US 60 interchange at Idaho Road; and WHEREAS, City' s participation in maintaining these improvements will benefit City by enhancing and beautifying the freeway exits within City limits; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A R S § 11-952 (A) and 28-401, public entities may enter into agreements with each other for joint or cooperative activities NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS . 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation and the Mayor is hereby authorized to sign the agreement on one behalf of the City 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. RESOLUTION NO 11-02 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S . INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-02 PAGE 2 OF 2 ATTACHMENT A ADOT File No. IGA/JPA 10-153-1 AG Contract No P0012011000103 Project No TEA 060-C(206) Project Landform Graphics Four quadrants of Idaho Road and US 60, PM 196 TRACS No.. H8032 01 D & 01 C Budget Source 75311 &75312 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , pursuant to the Arizona Revised Statutes § 11-951 through § 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as "Parties". I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement on behalf of the City 3 Congress has authorized appropriations for, but not limited to, twelve eligible categories of Transportation Enhancement (TE) activities and TE funds have been requested from the Federal Highway Administration (FHWA) through the State for a project within the boundary of the City and described more fully below of this Section 4. The interest of the State in this project is the acquisition of Federal funds for the use and benefit of the City The State is requesting the Federal funds to be authorized for the project by reason of Federal law and regulations 5 The State will design and construct landform graphics in all four quadrants of Idaho Road and US 60 Traffic Interchange MP 196 in the City of Apache Junction The City will maintain the landform graphics, hereinafter referred to as the"Project" THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows Page 4 IGA/JPA 10-153-I II. SCOPE OF WORK 1. The STATE will. a. Submit a program to the Federal Highway Administration (FHWA) containing the above mentioned Project with the recommendation that it be approved for design and construction b Prepare design plans, specifications and an estimate for the Project and submit them to the City for comments as appropriate The Project will be constructed by the State using Federal funds c Proceed to advertise for, receive and open bids with the aid and consent of the City and the FHWA Enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project Such Project is to be performed, completed, accepted and paid for in accordance with the instructions and requirements and the Standard Specifications for Road and Bridge construction of the Arizona Department of Transportation Request the maximum Federal funds available including construction engineering and administration costs d Not be obligated to maintain the Project should the City fail to budget or provide for the proper and perpetual maintenance as set forth in this Agreement. 2. The City will. a Review the design documents required for construction of the Project, and provide comments to the State as appropriate b. Be obligated to incur the cost increase of said work due to unforeseen conditions or circumstances required by the change in the extent or scope of the work called for by the City, in this Agreement, any such changes additions or deletions must require the prior approval of the State c. Upon completion of construction, the City shall provide for, at its own cost and as an annual item in its budget, perpetual and proper maintenance of said project. d Be responsible for maintaining the landform graphics in all four quadrants by keeping surfaces reasonable clean of gravels and other debris, repairing cracks and defects in the graphic surfaces, be responsible for any repairs necessary to the landform graphics e. Be responsible for the ongoing maintenance which shall include but not be limited to keeping the surface and surrounding areas free of all debris, undesirable weeds, grasses, trash and litter that might be necessary for the components of the Project Page 5 IGA/JPA 10-153-t f. Obtain, per established ADOT's Phoenix District procedures a valid permit for the routine/normal maintenance and emergency maintenance work provided by the City within the State's rights of way g Conduct all maintenance work in a manner to minimize traffic congestion and interference with through-traffic All traffic control will meet the requirements of the Manual on Uniformed Traffic Control Devices (MUTCD) for Streets and Highways, as per Arizona Revised Statutes § 28-641 III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project. However, any provisions for the landform graphic maintenance shall be provided by the City in perpetuity This Agreement may be cancelled at any time prior to the award of the Project construction contract, upon a (30) day written notice to the either Party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project 2 Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee") from and against any and all claims, losses, liability, costs or other expenses (including, but not limited to, reasonable attorneys' fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death), property damage and any other claims (including, but not limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers 3 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 4 The cost of the Project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA) 5 The City warrants compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 amendments and with Arizona Revised Statutes § 41-725. 6. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511 7 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. Page 6 IGA/JPA 10-153-I 8. In the event of any controversy which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-1518. 9. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction — Joint Project Administration 575 E. Baseline Ave 205 S 17th Avenue, Mail Drop 637E Apache Junction 85119 Phoenix, Arizona 85007 (480) 982-1055 (602) 712-7124 (602) 712-3132 Fax Public Works Manager Shane Kiesow skiesow@ajcity net 10 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The Parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non- Discrimination" 11.Non-Availability of Funds. Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 12 Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and E-Venfy requirement a Compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes § 23-214, Subsection A. b. A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract; the Parties may be subject to penalties up to and including termination of the Agreement c. The Parties shall retain the legal right to inspect the papers of any employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty under paragraph (a) Page 7 IGA/JPA 10-153-1 13 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran. For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or§ 35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 14.In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO SAM MAROUFKHANI, P E. Mayor of Apache Junction Deputy State Engineer, Development ATTEST By KATHY CONNELLY Clerk of Apache Junction January 3rd,2011-1y Page 8 IGA/JPA 10-153-I JPA 10-153-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11•-954 and declare this Agreement to be in proper form and within the powers and authority granted to the CITY under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2011 City Attorney I► m. or ACHE 4 04 y00 City of iApache Junction Home of the Superstition Mountains aj Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: February 14,2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON ENTERING INTO A CONTRACT WITH SOUTHWEST SLURRY SEAL FOR THE STREET MAINTENANCE SLURRY SEALING OF SELECT CITY STREETS IN AN AMOUNT NOT TO EXCEED $300,429 80 ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Presentation and discussion for the consideration of entering into an agreement with Southwest Slurry Seal for the street maintenance slurry sealing of select streets within the city. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Recommendation for approval. ATTACHMENTS: Click to download 0 Memo to City Council D 2011 Agreement SWSS �- Public Works Department e+ /4 ° U it r "►'"` Home of the Superstition Mountains '4RIZO�. l.. DATE January 26, 2011 TO MAYOR AND MEMBERS OF THE CITY COUNCIL THRU GEORGE HOFFMAN, CITY MANAGER DAVID FERN, PUBLIC WORKS DIRECTOR FROM SHANE KIESOW, PUBLIC WORKS MANAGER SUBJECT: CONSIDERATION OF CONTRACT WITH SOUTHWEST SLURRY SEAL Staff would like City Council to give consideration for approval to allow the Mayor to enter into contract with Southwest Slurry Seal for the street maintenance slurry sealing of select streets throughout the city as denoted on attached map The work will be through Final County cooperative contract#EC09-002 for$273,118.00 with a 10% contingency of$27,311 80 for a total not to exceed amount of$300,429 80 Staff plans to discuss this proposed work and contract at Council Work Session with the plan to have it on the March 1st Regular Session consent agenda i1 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT: PW# 2010-23 "2010 SWSS Slurry Seal Project" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and Southwest Slurry Seal, Inc. , an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the work and service called for in Pinal County Contract #EC09-002 and Contractor' s estimate dated December 9, 2010. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such services. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in Pinal County Contract #EC09-002 and Contractor' s estimate dated December 9, 2010 including, but not limited to: A. Application of Type II Polymer Modified Slurry Seal to: a. Ironwood Estates Subdivision and 36th Ave. from Desert View Dr. to Ironwood Dr. b. Delaware Dr. ; Apache Trail to Broadway Ave. c. Tomahawk Rd. ; US 60 to Baseline Ave. d. Cimmarron Subdivision. e. Apache Junction Industrial Park area f. Ocotillo Dr. area. 1 r - B. Approximate square yards of roads to be treated, 161, 000. C. Traffic control including uniformed police to be included. 2. PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by the City to the Contractor in the amount not to exceed three hundred thousand four hundred and twenty-nine dollars and eighty cents ($300, 429. 80) for the performance of the work under the contract documents except for changes authorized �► by properly executed change orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the work is ready for final inspection or acceptance, City representative shall promptly cause to be made an inspection. When City finds the work acceptable under the contract documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the contract documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations. If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees. 3. CONTRACT TERM: Contractor hereby fixes the time for completing the said work by June 30, 2011. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract 2 - -- —/p% - -- — -/'\ Documents. Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents without requirement of Change Order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any e1 omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate sub-contractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. S. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant 3 to the warranty provisions set forth in Section 6. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required business tax license. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor's status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to the City before work is performed. 11. PROGRESS SCHEDULE. Contractor shall, immediately after entering into this Agreement, generate an estimated progress ^ schedule. Said progress schedule shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATIONS: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) ,relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 4 r- - ,+.. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval: All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance ..r, 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 in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any terms 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 action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and foilus satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor 5 shall be solely responsible for the deductible and/or self- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of /, any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury,broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. 's Additional Insured, Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required bythis Agreement, ifContractor sublets anypart of q g the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations erations under p this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability Insurance. 6 -. OmN Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor' s insurer(s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. The City representative shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents. All such changes shall be 7 effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19 CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages 20. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. ,mok 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. TIME IS OF THE ESSENCE: Contractor shall carry the work forward expeditiously. If Contractor is delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein, or 8 ■ - -7. -- - /'\ by change orders in the work or any labor disputes, dire and unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor' s control or by delay caused by City or by any other cause which City determines may justify the delay, the contract time shall be extended by change order for such reasonable time as City may determine. Any claim for delay or extension of time shall be made to the City representative within the same work day, otherwise said claim shall be waived by eN Contractor. In the case of a continuing delay, only one claim is necessary. Contractor shall provide an estimate of the probable effect of such delay on the progress of work. This section does not exclude the recovery of damages for delay by either party under the provisions of the contract documents. 24. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City as not paid any undisputed amount due after forty-five (45) days of not being paid such sums after being notified by City. Contractor shall provide Notice of Termination to city fifteen (15) working days before such termination takes effect by certified U. S. Mail. 25. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement City shall provide Notice of Termination to Contractor fifteen (15) working days before such termination takes effect by Certified U S. Mail. 26. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 27. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or ext ensions of this Agreement. 28. SEVERABILITY: If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 9 - —^ 29. CONFLICT OF INTEREST: The provisions of A.R.S. § 38- 511 relating to cancellation of contracts due 'to conflicts of interest shall apply to this contract. 30. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989,the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws. The following is only emS applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R. S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor's employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 10 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 . Contractor: By: F:ckArti i-s.•G 3 Title: Pres t.bati r CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S. Insalaco Title: City Mayor Amok ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 11 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW# 2010-23 The certifies that the following insurance policies have been issued on behalf of. NAME OF INSURED: ADDRESS OF INSURED: Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1. Workman`s $100, 000 Each Accident, Compensation $100,000 Each Disease, $500, 000 Disease Policy Limit 2. Commercial $1, 000,000 Each General Occurrence; $2, 000,000 Liability Products/Completed Operations Aggregate; $2, 000, 000 General Aggregate Limit 3. Contractual $1,000,000 Each Bodily Injury & Occurrence Property Damage 4. Automobile $1,000,000 Each Bodily Injury & Occurrence Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties. 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Cti 6 •- TOP.AvE I---- — 5 4 g 3 2 1 $ 6 I LAND FILL 11 GUADALUPE AVE ALIGNMENT I- + W a� 3 5I ff 8 9 10 11 12 o q o _ n I '2 g : { ELLIOT AVE ALIGNMENT _1- PENAL COUNTY 2010-12-28 DS I vG� City of Apache junction Home of the Superstition Mountains ES Print TO: City Manager's Office FROM: Councilmember Jeff Serdy DATE: February 14, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON POSSIBLE AMENDMENTS TO THE CITY CENTER ZONING DISTRICT. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Councilmember Serdy has requested a discussion on amending the City Center Zoning District to allow a farmer's market. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download O Ordinance No. 1271 O City Center Zoning District Map ORDINANCE NO. 1271 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 16, COMMERCIAL DISTRICTS, BY ADDING A NEW ZONING DISTRICT ENTITLED "CITY CENTER DISTRICT" IN SECTION 16. 0700, AND BY ADDING ADDITIONAL DEFINITIONS TO THE APACHE JUNCTION CITY CODE, CHAPTER 1, __ ZONING ORDINANCE, ARTICLE 21, SIGNS, BILLBOARDS, NAMEPLATES AND OTHER OUTDOOR ADVERTISING, SECTION 21.03, DEFINITIONS; ADOPTING SUCH PROVISIONS BY REFERENCE; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City of Apache Junction Zoning Ordinance was adopted in 1985; and WHEREAS, the City Council adopted the Crossroads Redevelopment Area Plan in Resolution 98-20 on July 7, 1998 that authorized a the revitalization and improvement district in the downtown; and WHEREAS, the City Council adopted the Downtown Implementation Plan in Resolution 06-23 on June 6, 2006 that set forth a development strategy in a primarily undeveloped part of the downtown with a timeline for improvements to be made by private developers as well as urban design guidelines for the downtown, and WHEREAS, A.R. S. § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection. AnIlk NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. Apache Junction City Code, Volume II, Land Development Code,Chapter 1, Zoning Ordinance, Article 16, Commericial Districts, is amended by adding new Section 16. 0700, City Center Zoning District (CCD) , and by adding additional definitions to Apache Junction City Code, Volume II, Land ORDINANCE NO. 1271 PAGE 1 OF 3 Development Code, Chapter 1, Zoning Ordinance, Article 21, Signs, Billboards, Nameplates and Other Outdoor Advertising, Section 21 . 03, Definitions. 2. That certain document known as "Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 16, Commericial Districts, new Section 16. 0700, City Center Zoning District (CCD) , and additional definitions to Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 21, Signs, Billboards, Nameplates and Other Outdoor Advertising, Section 21. 03, Definitions", three copies of which are on file in the office of the City Clerk, which document was made a part hereof as if fully set out in this ordinance pursuant to A.R.S. § 9-802, is adopted by reference. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1271 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF AUGUST 2006. SIGNED AND ATTESTED TO THIS 15TH DAY OF AUGUST , 2006. 0•414.011",",,,„ DOUGLAS LEMAN Mayor ATTE,ST: KATHLEEN CONNELLY City Clerk ✓✓ APPROVED AS TO FORM: 8•5 ob RICHARD J. STERN City Attorney ORDINANCE NO. 1271 PAGE 3 OF 3 APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 16, COMMERCIAL DISTRICTS, NEW SECTION 16. 0700, CITY CENTER ZONING DISTRICT (CCD) , AND ADDITIONAL DEFINITIONS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, ARTICLE 21, SIGNS, BILLBOARDS, NAMEPLATES AND OTHER OUTDOOR ADVERTISING, SECTION 21 . 03, DEFINITIONS. Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 16, Commercial Districts, is amended with a new zoning district in Section 16. 0700, entitled City Center Zoning District (CCD) , as follows: SECTION 16. 0700 CITY CENTER ZONING DISTRICT (CCD) SECTION 16. 0701 STATEMENT OF LEGISLATIVE INTENT City Center District (CCD) : The CCD district fosters recreation, employment and livability in Apache Junction' s city center by providing retail, offices, moderate and high density residential uses, entertainment, hospitality, civic uses, and cultural exchange in a horizontally and vertically integrated mixed-use environment that supports the public investment in infrastructure and other public facilities and services. 1 . Permitted Uses The proposed CCD allows a mix of residential uses, including apartments, townhouses, condominiums, and live/work units. Additionally, a wide range of retail and commercial uses are allowed, including hotels, offices, restaurants, retail sales, including specialty food markets, and services (such as barbers, beauty salons, financial institutions, and dry cleaners) . All uses must be conducted within an enclosed building, except for outdoor dining. 2 . Uses Allowed with a Conditional Use Permit To make sure that all uses allowed in the CCD are compatible and complementary, some uses will require a Conditional Use Permit. These uses include: the residential uses that are not permitted outright (detached single-family homes are not allowed in the CCD) , hospitals, group homes, bars and nightclubs, antique stores, restaurants with liquor and/or entertainment, retail outdoor display, schools, and certain services, such as tattoo shops and vehicle-based services. 1 3. Prohibited Uses Uses prohibited in the CCD include uses such as: check cashing businesses, pawn shops, sexually-oriented businesses, adult arcades, secondhand stores, automotive- related uses, and certain temporary signs, such as banners and vehicle signs. 4 . Intensity of Use and Height Limitations Rather than use maximum lot coverage to control the size of a building constructed on a lot, the CCD uses a maximum Floor Area Ratio ("FAR") . The FAR is the ratio between the gross square footage of all buildings on a lot, not including parking structures, to the gross square footage of the lot. The maximum FAR in the CCD is 3: 1 . For example, a building with a gross floor area of 30, 000 square feet on a 10, 000 square foot lot produces a FAR of 3: 1 . The maximum residential density in the CCD cannot exceed 50 units per acre. The City Council may grant a density waiver above the 50 units per acre on a case-by-case basis. In any waiver request, the Planning and Zoning Commission provides a recommendation to the City Council before any decision is made. These density waivers are permitted only in the CCD, and not in any other zoning district . 5. Height The maximum permitted height in the CCD is 75 feet above the existing grade. The City Council may grant a waiver to the height limitation on a case-by-case basis. The Planning and Zoning Commission provides a recommendation to the City Council before a final decision is made. As with the density waivers, a height waiver can only be granted in the CCD and not in any other zoning district. 6. Parking Standards and Shared Parking Since the CCD encourages mixed used developments, parking requirements for developments in the CCD that contain two or more uses may be satisfied with shared parking, subject to review and approval by the Zoning Administrator. 2 The shared parking requirements are calculated based on a Standard Shared Parking Model in Section 16. 0712 (A) . The parking model assumes that a particular use will need the full amount of parking during peak times during the day. This allows other uses to share the parking areas at different peak times. For example, a nightclub has peak parking demand in the evening hours, but an office +► development has peak demand during the day. These uses could share parking since their peak parking requirements occur at different times. Table 1 following this section will be used in the Parking Model to determine parking use percentages needed by the hour of the day for different uses. Modifications can be made to the Parking Model, but they should be based on a professional parking analysis and management study, which is set forth in Section 16. 0712 (B) . 7 . Sign Standards The CCD provides reasonable signage for a mixed-use urban village center development. The signs are to be in scale with the intensity and size of the development. Table 2 following Section 16. 0713 identifies the type of permitted signs and sign standards, including maximum number allowed, height, and area. All permanent signs are subject to review the by the Planning Department. Because of the nature of mixed-used developments, some signs that are permitted in the CCD are not allowed elsewhere in the community. For example, portable sidewalk signs are permitted in CCD, but are not allowed elsewhere. However, some of the signs in the CCD are permitted elsewhere in the City, but the CCD standards may be more restrictive. 8 . Design Guidelines and Development Plan Review Any development occurring in the CCD shall have Design Guidelines approved by the City. Rezoning of property can take place prior to the completion of the Design Guidelines, but the rezoning should have a stipulation requiring City approval of the Guidelines prior to the issuance of building permits 3 All developments in the CCD shall submit to the Development Services Department for approval a Preliminary Development Plan ("PDP") , which is an overall plan for developing the property. The PDP shall have a site plan, a landscaping plan, building elevations, and perspective building renderings that show the improvements that will be constructed on the property. Decisions of staff may be appealed to the City Council. Through the use of the Design Guidelines and Development Plan Review, the City will be able to ensure the quality of development constructed in the CCD, but also ensure that all development is compatible and helps promote a pedestrian- oriented mixed-use Village Center as envisioned in the Downtown Development Implementation Plan. SECTION 16. 0702 PERMITTED PRINCIPLE USES 1. Residential Use Types a. Apartments b. Townhouses c. Condominiums d. Live/Work Units 2. Civic Use Types e. Administrative services for non-profit organizations f. Clinic (medical, dental, veterinary (small animals, no boarding) g. Museums, Cultural exhibits and library services h. Childcare Centers, Nursery Schools, Day Care Centers, similar i. Governmental Centers j . Fire protection services k. Places of Worship - (except tents and other temporary .-... structures or buildings not permitted) 1. Post Office facilities m. Open space, parks, similar uses 3. Commercial Use Types n. Brewery, ancillary to a Bar o. Clubs - (Lodge or similar organization) p. Convenience Store (excluding gas/fuel sales and drive- through or drive-in) q. Theater or similar use (excluding outdoor drive-in) r. Fitness Centers (health club, fitness studio, dance studio) s. Hotels & Motels (excluding adult businesses) 4 t. Hotel/Condo (Condo Hotels are subject to the FAR limitations of this zoning district, however are not subject to density calculations of this zoning district) u. Offices and Office Condo v. Parking Structures w. Restaurants, including outdoor dining (without liquor ... license) , excludes drive-in or drive-through) x. Retail Sales, including specialty food markets y. Schools (Instructional & Public) z Services: i. Apparel repair and alteration ii. Barber/beauty salon iii . Financial Institutions (without drive through) iv. Personal or business (e.g. drycleaner, small appliance repair, licensed massage therapist) v. Photography Studios, except adult-oriented businesses) vi . Tutoring/After school learning center 4) Uses similar to those listed in subsections 1 through 3 shall be permitted upon determination by the Zoning Administrator that such use is of the same general character as at least one of those uses listed. 5) All uses above must be conducted within an enclosed building, except outdoor dining when ancillary to a permitted restaurant use. SECTION 16. 0703 PERMITTED ACCESSORY USES Uses and structure customarily incidental to permitted uses. SECTION 16. 0704 USES SUBJECT TO A CONDITIONAL USE PERMIT i► 1) Residential Use Types a. All residential uses not shown as permitted, except detached single-family residences which are prohibited. b. Group Homes 2) Civic Use Types c. Heliport d. Hospitals, Sanitariums, Nursing Homes: e.g. Orphanages, Institutions e. Municipal Facilities (maintenance, repair and storage) 5 3) Commercial Use Types f. Bar (indoor or outdoor) tavern or nightclub g. Communication and transmission facilities h. Construction Offices and Sheds, Appurtenant Signs and Storage; temporary/incidental to a construction project only for the duration of such project, not to exceed 24 months 1. Entertainment i. Amusement businesses ii. Arcades iii. Outdoor (permanent use) 3 . Parking Facilities (surface) k Antique stores 1. Restaurants with liquor and or entertainment m. Retail outdoor display n. Schools, Charter Private and Vocational o. Services i Tattoo shops, body piercing ii. Vehicle based services (e.g. courier, delivery service, taxi dispatch iii. With drive though (e.g. dry cleaner) p. Warehouse Commercial q. Wireless Telecommunications Facilities 6 AW Aim. SECTION 16. 0705 PROHIBITED USES The following uses shall be prohibited. 1. Check Cashing Businesses 2. Pawn Shops oft. 3. Sexually-oriented businesses 4 . Social Service uses, such as : a. Plasma Centers b. Charity Dining services c. Homeless shelters d. Day labor hiring centers e. Substance abuse detoxification and treatment centers f. Rescue missions g. Social service uses similar to those listed above 5. Halfway Houses 6. Adult Arcades 7 . Freestanding Communication Towers 8. Secondhand stores 9. Automotive related uses 10. Signs a. Banners and non-rigid signs b. Pennants c. Flags, except flags of any nation, state, county, city or other political unit d Vehicle signs e. Temporary signs SECTION 16. 0706 STORAGE A•. All storage shall be within an enclosed building, unless otherwise noted. SECTION 16, 0707 INTENSITY OF USE Maximum FAR for all buildings contained on one lot shall not exceed three (3: 1) . Floor Area Ratio ("FAR") is defined as the ratio between the gross square footage of all buildings (excluding parking structures) located on a lot to the gross square footage of the lot, including rights-of-way being dedicated with the development of the lot. (Example: a building with a gross floor area of 30, 000 square feet located on a 10, 000 square foot lot produces a FAR of 3: 1) 7 .r Maximum Residential Density shall not exceed fifty (50) units per acre Residential density for both vertically and horizontally integrated mixed-use developments shall be calculated using the square footage of the entire mixed-use lot including right-of- ways to be dedicated as part of the development of the lot, subject to the maximum FAR limitation. City Council may grant density waivers above fifty (50) units per acre, on a case by case basis . The Planning and Zoning Commission will serve as a recommendation body to the City Council. Two public hearings, one before the Planning & Zoning Commission (recommendation) and one before the City Council (final action) are required for approval of a density waiver. Density waivers are unique to this CCD zoning district and are not allowed in any other base zoning district. SECTION 16. 0708 SITE COVERAGE Maximum lot coverage is not applicable to this zoning district, but is subject to the maximum FAR limitation of Section 16. 0707. SECTION 16.0709 HEIGHT Maximum permitted building height shall not exceed seventy-five feet (75' ) above existing grade. City Council may grant height waivers above seventy-five feet (75' ) , on a case by case basis. The Planning and Zoning Commission will serve as a recommendation body to the City Council . Two public hearings, one before the Planning & Zoning Commission (recommendation) and one before the City Council (final action) are required for approval of a height waiver. Height waivers are unique to this CCD zoning district and are not allowed in any other base zoning district. SECTION 16. 0710 SETBACKS The following minimum setbacks shall be required: 1. Front Yard a. Building Wall 0 feet b. Surface Parking 20 feet 2. Side Yard a. Building Wall 0 feet b. Common Wall 0 feet 3. Rear Yard a. Building Wall 0 feet 4 . Street Side Yard a. Building Wall 0 feet b. Surface Parking 20 feet All setback requirements are subject to applicable building code separation requirements. 8 SECTION 16. 0711 OFF STREET PARKING AND LOADING Off-street parking and loading facilities shall be provided as required in Article 20 Parking, Loading and Interior or Private Street Standards, except as follows: ,.� 1. Loading spaces abutting a residential zoning district that are enclosed by a solid fence or wall must have a minimum fence or wall height of (6' ) and a maximum fence or wall height of (8' ) . as may be modified by the use of Shared Parking for mixed-use development as outlined in Section 16. 0712 below. 2. The Zoning Administrator may reduce the number of off- street loading spaces. The property owner or designee requesting a reduction pursuant to Section 20. 0104 shall provide satisfactory evidence in support of the request to the Zoning Administrator such as a small site/infill site with limited square footage available, a provision of shared parking with an adjoining property, design constraints, or other reasonable limitation. 3. Possible modification by the use of Shared Parking for mixed-use developments as outlined in Section 16. 0712 below. SECTION 16. 0712 SHARED PARKING Parking requirements for development projects that contain two (2) or more uses may be satisfied with shared parking. Shared parking may be approved only when the subject uses have inherent differences in parking activity patterns, the combined parking p requirement will not exceed the available parking supply, and the right of joint use of a parking facility is evidenced by a contract establishing joint use. Shared parking shall be subject to review and approval by the Zoning Administrator, or his or her designee, and shall conform to the following standards: 9 1. Location. Parking shall be provided on the same or a contiguous lot. Parking may be provided off-site with professional analysis that the proximity of the parking is acceptable. In cases where parking for a project is to be provided on more than one (1) lot, a parking association shall be formed by the owners of the affected �. parcels prior to issuance of a building permit. Documentation of the association shall be provided to the Zoning Administrator, or his or her designee, prior to issuance of the building permit. 2. Shared Parking Model The Shared Parking Model (see Section 16. 0711 (A) ) shall be used as a basis for predicting the parking required for a particular mix of uses on a site, except where the Zoning Administrator, or his or her designee, has approved the use of a customized parking model 3. Shared Parking Report. When using a customized parking model. the applicant ' s calculation of shared parking requirements shall be based on a professional parking analysis and management plan (see Section 16. 0711 (B) for Parking Analysis and Management Study definitions) that is submitted with the development plan and/or land use proposal. 4 . Implementation. The owner or manager of a project approved under the parking demand alternative, either standard model or custom model, once built, shall maintain an accurate up-to-date record of the usage of the net floor area for the project, both occupied and vacant, according to type of use. The Zoning — Administrator, or his or her designee, may require this record be provided when the owner applies for a new land use or development approval for the subject parcel. 5. Parking Affidavit. When shared parking is permitted, the owner of the site on which the shared parking is located shall file a parking affidavit with the Zoning Administrator. The parking affidavit shall transfer the rights to the unqualified availability of a specific number of parking spaces from one property (which can no longer take credit for them) to another for the specific hours of use supported by the parking analysis, as long as the spaces are required by this Code. 10 6. Street Parking Calculation. On-street Parking located directly adjacent to the shared parking development site may be considered when calculating the parking provided and required by the standard shared parking model or custom parking model . 7 Tandem Parking. Tandem parking spaces, two cars ,^ occupying one extra deep parking space (9'X 36' minimum) , may be used and calculated as two spaces for residential parking only, where both spaces will be designated for a single household or controlled by a parking attendant. SECTION 16. 0712 (A) STANDARD SHARED PARKING MODEL The City of Apache Junction Standard Shared Parking Model can be used as a basis for predicting the Parking Demand for a particular mix of uses on a site. The standard model assumes that every separate use will actually need the full amount of parking that is called for by the ratios in the CCD (called the "peak" period for the use) during the day. For example, some uses (like nightclubs) peak in the evening; others (like offices) peak during the day. Where different uses need parking at different times of the day, there is an opportunity for them to share parking. This means that the total number of parking spaces needed to serve a "mixed-use" site (the "Parking Demand") may be significantly less than the number of parking spaces that would have to be built if each of the uses had to provide parking on its own (the "Parking Required by this Code") . The Standard Shared Parking Model is a tool for estimating the Parking Demand of a specific mix of uses . It is called "standard" because each of the demand curves represents the parking needed for an average, typical use, based on studies and p observations. The "demand curves" are represented in the following table showing the percent of the Code requirement for such uses, by hour of day. 11 p .. These curves can be adapted, by use of a custom model, to fit the specific needs of a major tenant on site. The advantage of doing this is that the custom model will be more accurate in predicting that tenant' s share of the parking throughout the day. The disadvantage is that the custom model may not work as well if that tenant is replaced by an average, typical user in the future. In addition, to changing the curves, one might also consider the impact of transit availability, (reliable mass transit serving the site) , trip reduction programs (van and carpooling, etc. ) and captive effects (where users serve patrons who are already on site) , as well as any users who might need more parking than the Code ratios require. Any modifications to the standard model made in the custom should be based on a professional parking analysis and management study, as described in Section 16. 0712 (B) . The Standard Shared Parking Model may be used to calculate the shared parking needs for a CCD development project. In addition to calculating the joint use requirements for a proposed development, the Shared Parking Model also calculates the reserved parking requirements for such standard uses as office, restaurant, retail and owner-occupied residential uses. 12 ) Shared Parking Percentage Table STANDARD SHARED PARKING MODEL TABLE 1 - USE PERCENTAGES 2 • AA 0 (t ' r Y t i ARCADE 0% 0% 10% 10% 15% 40% 30% 10% 10% 40% 60% 80% 100% 100% 100% 50% 20% 10% ) RANK 10% 20% 25% 25% 50% 60% 60% 50% 40% 30% 20% 20% 5% 5% 5% 5% 0% 0% BAR/NIGHTCLUB __ 0% 0% _ 5% 5% 5% 20% 20% 20% 25% _30% 35% 40% 50% 70% 100% _100% 100% 100% BILLIARDS / POOL 0% 0% 5% 15% 25% 25% 25% 25% 25% 30% 40% 60% 100% 100% 100% 100% 50% 50% BOWLING ALLEY 0% 0% 15% 20% 20% 35% 30% 35% 40% 40% 50% 100% 100% 100% 70% 40% 10% 5% CONFERENCE 0% 50% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 50% 0% 0% CLASSROOMS 50% 100% 100% 100%, 95% 70% 95% 95% 50% 50% _ 20% 70% 80% 80% 80% 50% 30% 15% CLUB / LODGE 0% 0% 2% 10% 10% 20% 20% 10% 15% 25% 40% 50% 70% 90% 100% 100% 100% 100% DAY CARE 60% 100% 80% 30% 30% 50% 25% 25% 25% 80% 95% 25% 10% 0% 0% 0% 0% 0% HEALTH CLUB/SPA 60% 60% 45% 35% 40% 40% 40% 35% 35% 50% 60% 80% 100% 100% 100% 60% 20% 0% HOSPITAL SHARED _0% 0% _ 50% _ 100% 90% 50% 30% 30% 30% 30% 40% 80% 100% 100%_, 60% 20% , 10% ,10% HOSPITAL RESERVED 60% B0% 90% 100% 100% 100% 100% 100% 100% 90% 80% 80% 80% 60% 50% 40% 30% 25% MUSEUM 10% 20% 40% 70% 90% 100% 100% 700% 95% 90% 80% 80% 90% 90% 60% 30% 10% 0% OFFICE SHARED 25% 75% 90% 100% 100% 80% 80% 100% 100% , 80% 50% 25% 15% 15% 5% 0% 0% 0% OFFICE RESERVED 50% 75% 100% 100% 100% 100% 100% 100% 100% 100% 100% 25% 10% 10% 5% 5% 5% RESTAURANT SHARED 10% 10% 35% 50% 70% 70% 70% 60% 60% 60% 75% 90% 100% 100% 100% 90% 70% 50% RESTAURANT / RESERVED 0% 0% 20% 50% 100% 100% 100% 100% 100% 100% _100% 100% 100% 100% 100% 100% 70% 50% PATIO (outdoor dining & drinking) 10% 10% 35% 50% 70% 70% 70% 60% 60% 60% 75% 90% 100% 100% 100% 90% 70% 50% RETAIL SHARED 10% 20% 40% 70% 90% 100% 100% 95% 90% 80% 80% 80% 80% 80% 60% 30% 15% 0% RETAIL RESERVED 10% _ 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 50% 0% THEATER 0% 0% 0% 20% 30% 70% 70% 70% 70% 70% 60% 90% 100% 100% 100% 50% 20% 10% �gqyRii," $I a?�'' aim STUDENT HOUSING 90% 80% 75% 70% 60% 60% 60% 60% 60% 65% 80% 85% 95% 100% 100% 100% 100% 100% BED & BREAKFAST 100% 100% 50% 20% 10% 10% 10% 10% 15% 25% 50% 60% 80% 90% 100% 100% 100% 100% HOTEL/MOTEL 85% 65% 55% 45% 35% 30% 30% 35% 35% 45% 60% 75% 90% 100% 100% 100% 100% 100% HOTEL/MOTEL NON-ROOM AREAS 25% 75% 90% 100% 100% 80% 80% 100% 100% 80% 50% 25% 15% 15% 5% 0% 0% 0% HOTEL/MOTEL RESERVED 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 80% 60% 40% 20% 0% 0% SHARED RESIDENTIAL 90% 80% 75% 70% 60% 60% 60% 60% 60% 65% 80% 85% 95% 100% 100% 100% 100% 100% RESERVED RESIDENTIAL 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%_ 100% 100% 100% 100% 100% 100% 100% 100% 13 SECTION 16. 0712 (B) PARKING ANALYSIS AND MANAGEMENT STUDY Section 16. 0712 (A) refers to submittal of a professional parking analysis and management study where an applicant' s parking is based on the predicted demand as calculated by a custom shared parking model, rather than on the amount required by Code or the Standard Shared Parking Model. A more detailed description of the elements in a Parking Analysis and Management Study is set forth below, in a format that could be adapted as needed for each site: Definitions : "analysis" means a review of the existing and proposed parking conditions on site, including: (a) A brief history of the phases of site development, with details of City approvals of variances, use permits, etc. (b) An overview of any parking problems that currently exist on the site, based on personal interviews with tenants, managers and owners, and on direct observations and counts by the preparer. (c) A comparison of the parking required by Code or the Standard Shared Parking Model with the parking provided both for current and proposed uses on site. (d) An estimate of the parking demand for the site, along with the methodology (e) (tables, graphs, assumptions, etc. ) supporting that estimate. (f) A discussion of the probable scenarios and problems that will need to be addressed if the parking is provided in relation to demand, as proposed. (g)Any special conditions to protect the public interest recommended by the preparer if the project is approved as proposed. 14 "management" means a summary of all implementation strategies needed to deal with the anticipated problems mentioned in (e) above, promoting any or all of the following, for example: (a) Ride sharing (incentives for carpools, vanpooling, and set up programs to encourage high occupancy vehicles p through specific incentives and policies, etc. ) . (b) Transit uses (utilize flexible subsidies and fringe benefits; locate transit stops strategically, etc. (c) Alternative styles of transportation encourage bicycles, motorcycles, walking, consider market rates for employee parking, promote off-peak trips, etc. (d) Convenient pedestrian circulation on-site (quality designs of walkways, consider trams, create parking zones, cluster uses sharing customers, etc. (e) Efficient uses of parking (supply a mix of short-term and long-term parking, cluster uses sharing parking, minimize reserved spaces, consider permits, etc. (f) Effective management (assign administrative responsibility for program to one person, section or company, achieve consistency in p policy and enforcement, undertake periodic monitoring, file update reports with City, review impact of new tenants, etc. ) . (g)Accommodation and location for disabled parking to provide ease of access to uses on site. "professional" means the study shall be prepared by a Professional Engineer or other planning or design professional who has extensive experience with traffic and parking issues in private mixed-use urban development. The preparer' s qualifications should be briefly described in the study. 15 SECTION 16. 0713 SIGN STANDARDS A. The purpose of this Section is to provide reasonable signage for purposes of identification of buildings, developments, and individual occupancies that are compatible with the associated land uses. It is the intent of this Section that attached and detached signs are permitted in scale with the intensity of the land use and the size of the development. B. Table 2 sets forth the maximum number of signs, height, area, and type permitted in the City Center Zoning District C. All permanent signs are subject to review by the Planning Division based on the quality, compatibility, permanency, design, or the overcrowding of signs by a tenant or property owner. The applicant has the right to apply for a Sign Conditional Use Permit for any sign permit denied for reasons other than the failure to meet the standards under this Section. 16 TABLE 2 CCD ZONING DISTRICT SIGN STANDARDS SIGN TYPE STANDARDS Building Name Number Permitted 1 per street and per alley frontage Amok Area Street Frontag 1 sq. ft. per linear ft. of frontage to a max. =50 sq. ft. Area Alley Frontage sq.ft. per linear ft. of frontage to a max.=25 sq.ft. Sign Length Maximum 50% of frontage Height No higher than 4' below the top of the building' s parapet, or 25' from grade, whichever is less Type of Sign Wall Mounted Footnotes a, l, f,g, i, j Multi-Occupant Number Permitted 1 per street and per alley frontage Area Street Frontag 1 sq. ft. per individual suite frontage to a max.=30 sq. ft. Area Alley Frontage sq.ft. per individual suite frontage to a max =15 sq.ft Sign Length Maximum 50% of frontage Height No higher than 4' below the top of the building' s parapet, or 25' from grade, whichever is less Type of Sign Wall Mounted Footnotes a, l, f,g, j , Single Occupancy Number Permitted 1 per street and per alley frontage Area Street Frontag 1 sq. ft. per linear foot of frontage to a max.=40 sq. ft. Area Alley Frontage 's sq. ft. per linear ft. of frontage to a max.=20 p sq. ft. Sign Length Maximum 50% of frontage Height No higher than 4' below the top of the building' s parapet, or 25' from grade, whichever is less Type of Sign Wall Mounted Footnotes a, l, f,g, j Awning Number Permitted 1 per street and per alley frontage Area Street Frontag 1 sq ft. per linear foot of awning Area Alley Frontage 's sq.ft. per linear foot of awning Sign Length Maximum 50% of awning Height Sign on valance of awning only. Awning shall be no closer than 2 ft from face of curb and shall not project more than 10 ft. from face of building. Awning support must be at least 8 ft above sidewalk; the bottom edge of the loose valance must 17 be at least 8' above sidewalk. The City Engineer must review and approve location of the awning in relation to traffic signals, street signs Type of Sign Awning Footnotes c, I Hanging (Parallel to Street) Number Permitted 1 per street and per alley frontage Area Street Frontage 10 sq. ft. Area Alley Frontage N/A Sign Length 10' Height No higher than ceiling of the canopy, and no lower than 7' from grade Type of Sign Hanging Sign Footnotes b Hanging (Perpendicular to Building) Number Permitted 1 per street and per alley frontage Area Street Frontage 6 sq. ft. Area Alley Frontage N/A Sign Length 6' Height No higher than ceiling of the canopy, and no lower than 7' from grade Type of Sign Hanging Sign Footnotes b Projecting Number Permitted 1 per street and per alley frontage Area Street Frontage 1 sq. ft. per linear ft. of frontage to a max.= 24 sq. ft. Area Alley Frontage 1.1 sq.ft per linear ft of frontage to a max.=12 sq ft. Sign Length Not more than 4' from face of building Height 8 ft. above pedestrian sidewalk or 14' above vehicular drive Type of Sign Projecting Footnotes d,e, f,g, k Window Number Permitted 1 Area Street Frontage Maximum of 30% of window coverage Area Alley Frontage N/A Sign Length N/A Height N/A Type of Sign Window Footnotes h, p Menu Number Permitted 1 Area Street Frontage 4 sq ft Area Alley Frontage N/A 18 Sign Length N/A Height N/A Type of Sign Wall Mounted Footnotes b Monument Number Permitted 1 per street frontage Area Street Frontage 1 sq.ft. of the total area per linear ft. of frontage 'Mk max = 32 sq. ft. Area Alley Frontage N/A Sign Length N/A Height 5 ft. Type of Sign Monument Footnotes f, m, n Portable Number Permitted 1 Area Street Frontage 7 sq. ft. Area Alley Frontage N/A Sign Length N/A Height 3. 5 ft. Type of Sign Portable Footnotes o Grand Opening Signs Permitted for 30 days SIGNAGE FOOTNOTES: (a) Can be Internally illuminated. (b) Cannot be illuminated. (c) Can be externally illuminated only. (d) Mounted at 90° angle and are separated from any other projecting sign by a distance of not less than 12' . (e) A Projecting Sign is permitted in lieu of a wall-mounted sign. A Projecting Sign cannot be placed on the Colonnade. (f) These Wall Mounted Signs must use individual letters without a raceway. Cabinet signs are not permitted. (g) Neon Signs are permitted subject to design review approval by the Planning Director. Neon Signs shall be permitted provided that the neon is compatible and harmonious with the primary color (s) , style, and architecture of the building or development; (h) Window Signs shall only be allowed on the ground floor of the building. (i) Awning Signs shall only be allowed on the ground floor of the building. (j ) A Wall-Mounted Sign is allowed on a colonnade in lieu of a wall-mounted sign on the building. (k) Projecting Signs shall only be used for the ground floor businesses. 19 (1) A Comprehensive Sign Permit shall be required for signage on upper level stories of buildings exceeding 2 stories. (m) Reader Panel Signs: 1. Churches may use up to one-half (1/2) of the allowed monument sign area for a reader panel. 2. Theaters: a. One (1) wall, fascia, mansard, or parapet sign may contain a reader panel. b. The area of the reader panel shall not exceed seventy- five (75) square feet or the maximum wall sign area otherwise allowed, whichever is less. c. The reader panel shall be used exclusively for the purpose of identifying entertainment, motion pictures, or special events which occur on the premises . (n) Monument sign - in addition to a wall mounted sign, monument signs are permitted for a business located in the CCD subject to the following: 1. The abstract ratio of width to height cannot exceed 2: 1. 2. The business is located on either Old West Highway, Highway 88, or Superstition Blvd. (o) Portable Signs -in addition to a wall mounted sign, portable signs for a business located within the CCD are permitted subject to the following annual conditions: 1 . A business owner who desires to utilize a portable sign within the CCD shall be required annually to apply for and obtain an administrative use permit (the "use permit") from the City of Apache Junction Planning Director. The cost of the use permit shall be twenty-five dollars ($25.00) per year and shall be valid for one (1) year from the date of issue. As part of the application process, the Planning Director shall designate to the business owner the ^ approved location for the placement of the portable sign within the CCD. 2. A business owner shall apply to the Planning Director for renewal of the use permit within thirty (30) days of the expiration date of the current use permit. The Planning Director shall renew the use permit provided that, on the date of application, the business owner is in compliance with all provisions of the City' s Sign Code pertaining to portable signs and further provided that, on the date of application, the use of portable signs within the CCD is still an allowed use under the then existing city sign code. 20 3. A portable sign may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access to, through and around the site or obstruct ADA access. A minimum access width of five (5) feet shall be maintained along all sidewalks and building entrances accessible to the public. If a portable sign is located within the public right of way, the business owner shall be required ..•. to obtain an encroachment permit from the City Engineer. 4 . A portable sign shall not encroach into required off- street parking areas, and may not be arranged so as to create site distance conflicts or other traffic hazards. 5. A portable sign shall be utilized only during the regular hours of operation of the business or special event, and shall be removed during non-business hours. 6.A portable sign shall be professionally made and constructed of durable, weather-resistant materials such as aluminum, plastic, or wood finished surfaces and shall be maintained in good condition throughout the term of the use permit. 7 . At the time of application, and for any renewals, a use permit application for a portable sign shall require submission of a Certificate of Insurance which complies with the following criteria: a. Public liability insurance in an amount not less than $1, 000, 000. 00 for injuries to each person, and in an amount not less than $1, 000, 000 . 00 for any one occurrence, $2, 000, 000.00 aggregate. b. Property damage insurance in an amount not less than $1, 000, 000 00 for damage to the property of each — person on account of any one occurrence, $2, 000, 000.00 aggregate. c. Said policies shall name the City of Apache Junction as additional insured and shall constitute primary insurance for the City, its officers, agents and employees, so that any other policies held by the City shall not contribute to any loss under this insurance. d. Policies shall provide for thirty (30) days prior written notice to the City of cancellation or material changes. 6 . The height of the sign shall be measured from the sidewalk grade to the top of the sign when it is erect. 21 SECTION 16. 0714 DESIGN GUIDELINES All uses and development within the CCD District shall comply with Design Guidelines approved by the City of Apache Junction. SECTION 16. 0715 DEVELOPMENT PLAN REVIEW A Preliminary Development Plan, which is an overall plan for developing property within the CCD District, shall be submitted to the Development Services Department for approval for any development within the CCD District. The Preliminary Development Plan shall contain a site plan, a landscaping plan, and elevations, showing generally the improvements on the property as they will be constructed on the property The Preliminary Development Plan shall also contain perspective renderings reflecting the design concept . Decisions of staff may be appealed to City Council 22 Agift. Am. Apache Junction City Code Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 21, Signs, Billboards, Nameplates and Other Outdoor Advertising, Section 21. 03, Definitions, is amended to include the following additional definitions: AWNING SIGN shall mean a sign placed on, affixed to, or incorporated into the surface of an awning, canopy, or similar device. CABINET SIGN shall mean a sign that contains all the text and/or logo symbols within a single enclosed case. HANGING SIGN shall mean a sign suspended from, and located entirely under a covered porch, covered walkway, or an awning. HEIGHT shall mean the vertical distance to the top of a sign, excluding embellishment, measured from the nearest curb, sidewalk, or street grade. MENU SIGN shall mean a sign used to inform the public of the list of entrees, dishes, foods, and entertainment available n a restaurant. MENU BOARD shall mean a permanently mounted sign displaying the bill of fare for a drive-thru restaurant. MONUMENT SIGN shall mean a detached sign mounted on or incorporated into a solid base, and shall be a self-supporting structure. MULTI-OCCUPANT SIGN shall mean a sign that includes as copy only the names of two (2) or more businesses, places, organizations, buildings, or person it identifies. Ago I\ 23 SIGN AREA shall mean the area of a sign is the entire area within a single continuous perimeter composed of parallelograms, circles, ellipses, trapezoids and triangles, or a combination of two (2) of the above or regular portions thereof per sign panel which encloses the extreme limits of the advertising message, announcement, declaration, demonstration, display, illustration, insignia, surface or space of a similar nature, together with any frame or other material, color, or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which it is placed. Where a sign has two (2) faces, the area of both faces shall be included in determining the area of the sign, except that only one face of a double faced sign shall be considered in determining the sign area, provided both faces are parallel and the distance between the faces does not exceed two (2) feet. Where a sign has three (3) or four (4) faces, the area of the sign shall be calculated as 500 of the total area of all faces, provided the interior angle between adjacent faces is 90 degrees or less. Where statuary, either genuine or simulated, is used as a sign, the area of said sign shall be the three (3) vertical sides of the smallest right rectangle enclosing the figure that are most visible from the public right-of-way. WINDOW SIGN shall mean any sign placed on, affixed to, painted on or located within the casement or sill area of a window. WINDOW SIGN AREA the window sign area shall be computed by calculating each window pane or panel. A group of window panes or panels may be considered one window if they are adjoining or are not separated by more than six (6) inches. The area shall be separate for each building face and for each window. For purposes of this definition, the building faced shall include any doors or walls with varying wall planes. 24 Pr( osed City Center Dist'7,t and Crossroads/Downtown Redevelopment Area N 14 a . .a 4- ',',17 -* " 1 1 " ' ". -- .'/1 . --- ,,-;02""t'id A . c.:,....i., .. =,,_.. r 11' ..,„„ ••‘; ...,. • r.....• _ - f O a A ,, . • ' _ - I ,--' -:'1 .'" 01] . '1 •1 4 it S _�` 7F1 y F. �' .tl F• i ► I" ;I Y f tom. l i iv . ;1 .- 1 t-•-t I.6'. - I F LC� ,' ;.� K'r e M ` lit-, �traK` ,N.. .�'' , . . . . . iy.r1 4., j @ ) Y e r, S 4•t r-^F a ,y�Ilnyr� tM'' v 3 oti • *•u I' , J. ;I' SUPERSTITION I, iw;; ,- -;.r,'I17 w-y ...,- tr,". '1 .. ,,,-4,4, 2 ,1, .„.„,11114,,,i =.1 1 1 ir , L, __ . ..J. : , . TVA!. '•L ,rlti 1.-1:s-'-' t.$� Rom. ^ x . . 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Q r - 1 - ile.,J I? v ' ,.,' s _le -Eik,- -I . ..1" ' _I-,aftqi , r: ‘,... ,: ._ . - - 7 _ 6/23/2006 City of Apache Junction Proposed City Center Zoning District _ Crossroads Implementation Plan Redevelopment Area r• PQACHE aG 4. fo City of Apache junction Home of the Superstition . lorrtrtains 4 gx2ONf al Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 14, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON RESOLUTION NO 11-05, DESIGNATING POLLING PLACES AND VOTING DISTRICTS; APPOINTING ELECTION BOARDS AND FIXING THEIR RATE OF COMPENSATION. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: This election-related resolution updates the name of one of the city polling locations (Cactus Canyon Junior High School), adds the title of Voter ID Clerk to the list of election board workers, and makes minor revisions to the board worker pay schedule FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download d cover memo .4016, P4 XCHE '4 1k . eyet4ACiehej-IfFtetteVIT Home of the Superstition Mountains 4FttZONP FEBRUARY 3, 2011 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT RESOLUTION NO 11-05 (PRIMARY ELECTION) WORK SESSION OF FEBRUARY 14, 2011 AND CONSENT AGENDA OF FEBRUARY 15, 2011 Resolution No. 11-05 is one of the remaining steps in the election process for the city's March 8, 2011 primary election. This resolution serves several purposes including the designation of voting precincts and polling places, the appointment of members of the election boards, the appointment of an Indian language translator as required by federal law and fixing the rate of compensation for the board members This resolution includes minor changes that reflect the following. 1) Change of name only for the polling location at Cactus Canyon Junior High School This location was previously named Desert Shadows Middle School. 2) Addition of the election board position entitled "Voter ID Clerk" to assist "'` voters in reviewing acceptable forms of identification as required by state law. 3) Referencing the Internal Revenue Service mileage reimbursement rate for the Indian language translator and other select board positions that might have to travel to Florence for training or ballot tabulation. There is no travel reimbursement for board workers going to and from the regular training session or to work at the polls on election day. This resolution will be on the February 14 work session agenda for discussion and the February 15 consent agenda for adoption Please contact me if you have any questions • Voice(480)982-8002 • FAX(480)982-7018•'rDD(480)983-0095 •www ajcity net 300 E. Superstition Boulevard. Apache Junction,AZ 85219