HomeMy WebLinkAbout2015 08.31 City Council Work Session Agenda ��,,.
rtsk-7- City of Apache Junction, Arizona Meeting location
3 City Council Chambers
'•1 at City Hall
Agenda 300E Superstition Blvd
g Apache Junction,AZ
,rr 1; 85119
City Council Work Session
www ajcity net
Ph (480)982-8002
Monday,August 31,2015 7 00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1 Presentation and discussion on First Amendment to Janitorial
Services Agreement between GCA Services Group, Inc and the
City of Apache Junction Staff is recommending approval of the
amendment to the agreement with GCA Services Group, Inc
which would include janitorial services in the police department in
the amount of$22,297 28 per year
2. Presentation and discussion on renewal of the East Valley Adult
Resources License Agreement for Senior Services at the Apache
Junction Multi-Generational Center
3. Presentation and discussion regarding draft Ordinance No 1418
allowing the continuation of the 2% sales tax set to expire on
September 1, 2016
4. Discussion on use tax. During the August 3, 2015 Work Session,
,.\ council heard a presentation from Lee Grafstrom, Tax Policy
Analyst at the League of Arizona Cities and Towns, on use tax
and its implementation This gives council the opportunity to
discuss the possible adoption of a use tax
5 Discussion on dates, times, and locations for a possible joint
meeting with the Apache Junction School Unified District Board
Council may also wish to discuss an agenda for the joint meeting
6. Presentation and discussion on the city's special event process
7. Presentation and discussion regarding the city's existing
Development Design Standards in the Land Development Code-
Volume II,Article 1-13, Zoning Code and their application to
existing development and new development projects.
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
City Council Work Session Agenda August 31,2015
8 Presentation and discussion of an overview of zoning regulations
in general, types of zoning systems, the history of the city's
zoning code, amendments made in the summer of 2014 to the
text and zoning map, possible revisions to fine tune those recent
amendments and revisions necessary to comply with recent court
decisions regarding group living arrangements
9 Presentation and discussion of City Code Chapter 9 Health and
Sanitation, Article 9-1 Property Maintenace Standards, Article 9-2
Refuse, Garbage, Debris, Junk, Trash and Litter Removal,
background of Property Maintenance Standards adoptions and
possible changes to the standards.
D. ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be
obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office
located at
300 East Superstition Boulevard,Apache Junction, AZ
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095
Adolk
City of Apache Junction,Arizona Page 2 Printed on 8/24/2015
City of Apache Junction, Arizona 300 E Superstition
Boulevard
c$ Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 1
File ID 15-325
Sponsor. Heather Hodgman Agenda Date 8/31/2015
Index In Control. City Council Work Session
Presentation and discussion on First Amendment to Janitorial Services Agreement between
GCA Services Group, Inc and the City of Apache Junction Staff is recommending approval of
the amendment to the agreement with GCA Services Group, Inc which would include janitorial
services in the police department in the amount of$22,297 28 per year
Attachments
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM ,?
wRi City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction AZ 85119
=i
* Agenda Item No.2.
File ID: 15-301
Sponsor- Liz Langenbach Agenda Date: 8/31/2015
Index. In Control- City Council Work Session
Presentation and discussion on renewal of the East Valley Adult Resources License
Agreement for Senior Services at the Apache Junction Multi-Generational Center
Attachments
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
LICENSE AGREEMENT WITH
MESA SENIOR SERVICES FOR SENIOR ACTIVITIES
IN CiTY MULTIGENERATIONAL CENTER
THIS LICENSE AGREEMENT(the "License") entered into this 21 st day
of June 2005 by and between the CITY OF APACHE JUNCTION, an
Arizona municipal corporation (hereinafter "Licensor") and MESA SENIOR
SERVICES, INC. (hereinafter "Licensee") for use of portions of City's
Multigenerational Center,
RECITALS
WHEREAS, Licensor is the owner in fee simple of a parcel of land located
in the City of Apache Junction, Pinal County, State of Arizona, legally described
on Exhibit A (hereinafter the "Premises"); and
WHEREAS, Licensor has constructed a new state-of-the-art
multigererational center, complete with a full gymnasium, kitchen, multipurpose
classrooms, offices and other recreation amenities; and
WHEREAS, since 1996, Licensee has provided senior services for the City
including but not limited to providing senior congregate and home-delivered
meals and outreach, transportation, health and wellness activities, and
socialization; and
WHEREAS, Licensor is willing to provide Licensee through this Agreement
use of certain space and facilities located within the multigenerational center, as
depicted in Exhibit B, and Licensee desires to use such space and facilities
subject to all the terms and conditions of this Agreement as set forth below.
NOW, THEREFORE, Licensor licenses to Licensee the Premises consistent
with the terms and conditions agreed by the parties as follows:
• AGREEMENT
1. Licensed Premises. Licensor"`licenses to Licensee the Premises, as
described in Exhibit"A" and as depicted in Exhibit"B".
2. Term. The term of this Agreement shall be ten (10) years beginning on
June 21 , 2005 and ending on March 1, 2015, unless otherwise extended,
cancelled or terminated as provided herein.
3. Termination. Either party shall have the right to provide the other
party one hundred twenty (120) calendar days notice to the other party of its
intent to terminate this Agreement anytime during the term of this Agreement.
4. License Fee. Licensee shall pay Licensor the sum of ten dollars
($10.00) per year and by other good and valuable consideration as provided
herein.
5. Use of Premises. Licensee is granted a license for use of the Premises
delineated in Exhibit B attached hereto, during the Operational Hours of 8 a.m.
through 5 p.m. Mountain Standard Time, Mondays through Fridays. The parties
may seek permission from each other to use nonexclusive areas as noted in
Exhibit B. Such permission by both parties needs to be presented with as much
advance notice as possible, which permission by either party cannot be
unreasonably withheld. Licensee shall abide by all Parks and Recreation
Regulations on file with the Parks and Recreation Director. The recipients of the
services shall be at least fifty-five (55) years of age. Licensee may also use the
Premises for congregate and home delivered meal programs. Licensee shall not
permit the Premises to be used for religious purposes or allow alcoholic
beverages to be brought on the Premises.
6. Maintenance, Utilities and Supplies; Alterations; Emergency Use of City
Vehicles. Licensor shall keep the Premises in good repair and condition
during License Term, except for damage caused by Licensee's activities under
the direction and control of Licensee for which Licensee shall have repaired at its
sole expense. Licensee shall be responsible for all damages, wear and tear not
ordinary to the use of the Premises caused by Licensee, its employees, agents,
service personnel, program participants, contractors, invitees and guests and
concessionaries. Licensee is responsible for maintenance of all kitchen
equipment. Repairs exceeding Five Thousand Dollars ($5,000.00) will be shared
equally by Licensor and Licensee. Replacement of kitchen equipment provided
by Licensor will be the responsibility of Licensor. It is Licensee's responsibility
on a daily basis for all routine cleaning. Licensor is responsible for any
substantial repairs or replacement of furniture and non-kitchen fixtures and
equipment not due to any of Licensee's activities. Licensor is not responsible for
any of Licensee's equipment it moves onto the Premises. Licensee shall pay for
its own long distance telephone calls and Internet use and that of its program
participants. Licensor shall be responsible for all other utilities. Licensee shall
make no changes, modifications or alterations of the Premises without the
express written permission from Licensor. Licensee may, at the discretion of the
Licensor's Parks and Recreation Director, request use of a City vehicle in an
emergency situation. In such case, and in the event of an accident, Licensee's
insurance shall cover all liability.
7. Default and Remedies.
A. It shall be a default if: 1) Licensee fails to pay License Fee or any other sum
when due as applicable, and does not cure such default within ten (10) calendar
days after receipt of written notice from Licensor; 2) Either party fails to perform
any other covenant or condition of this License and does not cure such other
2
action within thirty (30) calendar days after written notice from the nonbreaching
party of such deficiency; 3) Either party abandons the Premises; 4) Either party is
adjudicated as bankrupt or makes any assignment for the benefit of creditors; 5)
Either party becomes insolvent; 6) Either party misuses the Premises; or 7) Either
party fails to obtain and maintain adequate insurance.
B. In the event of default, Licensor shall have the right at its option, in
addition and not exclusive of any other remedy Licensor may have by operation
of law, without any further demand or notice, to enter Premises and eject all
persons therefrom, and declare this Agreement terminated, in which case
Licensee shall immediately cease using the Premises and shall vacate the
Premises.
C. if either party institutes a lawsuit to enforce its rights hereunder upon a
final non-appealable judgment, the losing party shall pay the prevailing party's
reasonable attorney fees provided that the prevailing party shows the losing party
acted in bad faith In bringing or defending the action.
8. Cure by Licensor/Licensee. In the event of any default of this Agreement
by Licensee, Licensor may at any time after thirty (30) calendar days written
notice, cure the default for the account of and at the expense of Licensee. The
sums so paid by Licensor, with all interest, costs, and damages shall be deemed
to be additional rental and shall be due from Licensee to Licensor on the first day
of the month following the incurring of the respective expenses. Similarly,
Licensor shall be responsible for any liability Licensor causes to Licensee as a
result of Licensor's negligent actions but shall have thirty (30) calendar days to
cure any deficiencies causing such liability.
9. Indemnity and Insurance.
A. Disclaimer of Liability: Licensor shall not at any time be liable for injury or
damage occurring to any person or property from any cause whatsoever arising
out of Licensee's use or operation of Premises.
B. Indemnification: Except as to the extent attributable to the negligent or
intentional acts or omissions of Licensor, its Mayor, Councilmembers,
appointees, employees or agents and independent contractors, Licensee shall at
Its sole cost and expense, indemnify and hold harmless Licensor and all
associated, affiliated, allied and subsidiary entities of Licensor, and their
respective officers, boards, commissions, employees, agents, attorneys, and
contractors (the "indemnitees" collectively), from and against:
a) Any and all liability, obligation, damages, penalties, claims, liens, costs,
charges, losses and expenses, including without limitation, reasonable
fees and expenses of attorneys, expert witnesses and consultants,
which may be imposed upon, incurred by or be asserted against the
3
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Indemnitees by reason of act or omission of Licensee, its personnel,
employees, agents, contractors or subcontractors, invitees, guests,
concessionaires, resulting in personal injury, bodily injury, sickness,
disease or death to any person or damage to, loss of or destructive or
tangible or intangible property which may arise out of or be in any way
connected with the use of the Premises or Licensee's failure to comply
with any federal, state or local statute, ordinance or regulation.
b) Any and all liabilities, obligations, damages, penalties, claims, liens,
costs, charges, losses and expenses, including without limitation,
reasonable fees and expenses of attorneys, expert witnesses and other
consultations, which are imposed upon, incurred by or asserted against
Indemnitees by reason of any claim or lien arising out of work, labor,
materials or supplies provided or supplied to Licensee, its contractors
or subcontractors, employees, agents, customers, concessionaires,
invitees or guests, for the use of the Premises and upon the written
request of Licensor, Licensee shall cause such claim or lien covering
Licensor's property to be, discharged or bonded within thirty (30)
calendar days following such request.
c) Licensee's obligation to indemnify Indemnitees under License shall not
extend to claims, losses, and other matters covered hereunder that are
caused or contributed to by or arising from the comparative negligence
of one or more Indemnities. This paragraph shall survive the expiration
or early termination of License.
C. insurance: During the term of this Agreement, Licensee shall maintain, or
cause to be maintained, In full force and effect and at its sole cost and expense,
the following types and limits of insurance:
a. Worker's Compensation insurance meeting applicable statutory
requirement and employer's liability insurance with minimum limits of
One Hundred Thousand Dollars ($100,000) for each accident.
b. Comprehensive commercial general liability insurance with minimum
limits of Two Million Dollars ($2,000,000) as the combined single limit
for each occurrence of bodily injury, personal injury and property
damage. The policy shall provide blanket contractual liability insurance
for all written contracts, and shall include coverage for products and
completed operations liability, independent contractor's liability;
coverage for property damage from perils of explosion, collapse or
damage to underground utilities, commonly known as "XCU" coverage.
c. Automobile liability insurance covering all owned, hired, and non-owned
vehicles in use by Licensee, its employees and agents, with personal
4
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protection insurance and property protection insurance to comply with
the provisions of state law with minimum limits of Two Million Dollars
($2,000,000) as the combined single limit for each occurrence for bodily
injury and property damage.
d. All policies other than those for Worker's Compensation shall be written
on an occurrence and not on a claims made basis.
e. The coverage amounts set forth above may be met by a combination of
underlying and umbrella policies so long as in combination the limits
equal or exceed those stated.
D. Insurance Companies: All insurance shall be effected under valid and
enforceable policies, insured by insurers licensed to do business in the State of
Arizona or surplus line carriers on the State of Arizona Insurance
Commissioner's approved list of companies qualified to do business in the State
of Arizona.
E. Deductibles: Licensee agrees to indemnify and hold harmless Licensor,
the Indemnitees and Additional Insureds (the City, Mayor, Councilmembers,
appointees and employees) from and against the payment of any deductible and
from the payment of any premiums on any insurance policy required to be
furnished in this Agreement.
F. Assumption of Risk: Licensee undertakes and assumes for its officers,
agents, affiliates, contractors and subcontractors, invitees, guests,
Concessionaires, and employees, all risk of dangerous conditions, if any, on or
about the Premises, and Licensee hereby agrees to indemnify and hold harmless
indemnities for personal Injury or property damage to any person arising out of
the Licensee's use of Premises or Licensee's failure to comply with any federal,
state or local statute, ordinance or regulation.
G. Defense of Indemnities: In the event any action or proceeding is brought
against Indemnities by reason of any matter for which indemnities are
indemnified hereunder, Licensee shall upon notice from any Indemnities, defend
the same with legal counsel mutually selected by Licensee and Licensor;
provided however, that Licensee shall not admit liability in any such matter on
behalf of Indemnities without the written consent of Licensor and provided
further that Indemnities shall not admit liability for, nor enter into any
compromise or settlement of, any claim for which they are indemnified
hereunder, without the prior written consent of Licensee.
H. Named Insureds: All policies, except for business Interruption and
worker's compensation policies, shall name Licensor and all associated,
affiliated, allied and subsidiary entities of Licensor, now existing or hereafter
created, and their respective officers, boards, commissions, employees, agents,
and contractors, as their respective interests may appear as the "Additional
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Insureds". Each policy which is to be endorsed to add Additional insureds
hereunder, shall contain cross liability wording, as follows:
"In the event of a claim being made hereunder by one insured for which
another is or may be liable, then this policy shall cover such insured
against whom a claim is or may be made in the same manner as if separate
policies had been issued to each insured hereunder."
I. Evidence of Insurance: A copy of each Certificate of insurance containing
no disclaimer, or a certified copy of the policy acceptable to Licensor and
designation of those individuals and governmental bodies referenced above as
Additional insureds shall be filed with Licensor prior to any use of the Premises.
Licensee shall file such documentation annually with Licensor in the Office of
the City Clerk. The certificates shall contain a provision that coverage is
supported in the amounts specified herein and that the policy will not expire, be
canceled or changed during the term of this License. The form of the certificates
of insurance and endorsements shall comply with the terms of this License, and
shall be issued and delivered to: City Attorney, City of Apache Junction, 300 E.
Superstition Blvd., Apache Junction, AZ 85219. All Insurance policies maintained
pursuant to this License shall contain the following endorsement:
"At least sixty (60) calendar days prior written notice shall be given
to Licensor by the Insured of any intention not to renew such policy
or to cancel, replace, or materially alter the same, such notice to be
given by registered mail to the parties named in the License."
10. Hazardous Substance Indemnification. Licensee represents and warrants
that its use of Premises will not generate any hazardous substance, and it will not
store or dispose on Premises nor transport to or over Premises any hazardous
substance with the exception of cleaning solvents in amounts that violate
applicable laws. Licensee represents and warrants: (1) that Licensee nor, to
Licensee's knowledge, any third party has used, generated, stored or disposed
of, or permitted the use, generation, storage or disposal of any hazardous
substance on Premises; and (2) that Licensee will not, and will not permit any
third party, to use, generate, store or dispose of any hazardous substance on
Premises. Licensor represents and warrants: (1) that Licensor nor, to Licensor's
knowledge, any third party has used, generated, stored or disposed of, or
permitted the use, generation, storage or disposal of any hazardous substance
on Premises; and (2) that Licensor will not, and will not permit any third party to
use, generate, store or dispose of any hazardous substance on Premises.
Licensor and Licensee each agree to defend, indemnify and hold harmless the
other and the other's partners, affiliates, agents and employees against any
losses, liabilities, claims and/or costs (including reasonable attorney fees and
costs) arising from any breach of any representation or warranty contained in this
paragraph. "Hazardous Substance" means any substance or material defined or
designated as a hazardous or toxic waste, hazardous or toxic material, hazardous
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or toxic or radioactive substance, or other similar term by any federal, state, or
local environmental law, regulation or rule presently in effect, as such laws,
regulations or rules may be amended from time to time; and shall also include
but not be limited to any substance which after release into the environment will
or may reasonably be anticipated to cause sickness, death or disease. Failure to
maintain the insurance coverage set forth wherein shall constitute a default
under this Agreement
11. Notices. Ail notices, requests, demands and other communications
hereunder shall be in writing and shall be deemed given if personally delivered or
mailed by certified mail, return receipt requested, or by overnightlexpress mail, to
the following addresses and persons:
If to Licensor: With a copy to:
Parks and Recreation Director City Attorney
City of Apache Junction City of Apache Junction
300 East Superstition 300 East Superstition
Apache Junction, AZ 85219 Apache Junction, AZ 85219
If to Licensee to:
Mesa Senior Services
Dan Taylor
45 West University Drive, Suite A
Mesa, AZ 85201
12. Non-Waiver. Failure of Licensor to insist on strict performance of any of its
rights hereunder shalt not waive such rights, but Licensor shall have the right to
enforce such rights at any time and take such action as might be lawful or
authorized hereunder, either in law or equity. The receipt of any sum paid by
Licensee to Licensor after a breach of this License shall not be deemed a waiver
of such breach unless expressly set forth In writing.
13. Authority to Contract: Licensor and Licensee represent that each,
respectively, has full right, power, and authority to execute License.
14. Excusable Delays: Licensor and Licensee shall exert all efforts to perform
their respective responsibilities under License. However, neither Licensor nor
Licensee shall be held responsible for inability to render timely performance if
such inability is a direct result of a force beyond their control, including: acts of
war, terrorist acts, strikes, embargoes, failure of carriers, inability to obtain
transportation facilities, and Acts of God.
15. Amendment: It is mutually understood and agreed that no alteration or
variation of the terms and conditions of License shall be valid unless made in
7
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writing and signed by the parties hereto, and that oral understandings or
agreements not incorporated herein shall not be binding on the parties.
16. Severability: If any part, term or provision of License shall be held illegal,
unenforceable or in conflict with any law, the validity of the remaining portions
and provisions hereof shall not be affected.
17. Governing Law and Venue: The terms and conditions of License shall be
governed by and interpreted in accordance with the laws of the State of Arizona.
Any action at law or in equity brought by either party for the purpose of enforcing
a right or rights provided for in the License, 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.
18. Conflicts of Interest: The provisions of Arizona Revised Statutes Annotated
§ 38-511 relating to cancellation of contracts due to conflicts of interest shall
apply to this License.
IN WITNESS WHEREOF, the parties have caused Lease to be signed by their duly
authorized representatives as of this 2lstday of June , 2005.
LICENSOR
CITY OF APACHE JUNCTION, an
Arizona municipal corporation
Printed Name:
Its: Mayor
Date: l%/ ,S
ATTEST:
16,
Kathleen Connelly, City O erk
APPROVED AS TO FORM:
Richard J. Stern, City Attorney
8
LICENSEE
MESA SENIOR SERVICES, a non-
profit 501 C(3) organization
By &"
Printed Name: J
JAt j .
Date: colrI (Zoos
9
EXHIBIT 'A'
Multi-Generational Center
Description of the Premises
Legal Description:
A portion of the southwest 1/4 of the southwest 1/4 of section 16, township 1
north, range 8 east of the G. & S R. B. & Meridian. Located at 1035 North Idaho
Road in Apache Junction, Arizona.
,
EXHIBIT 'B`
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FARO
MULTI—GENERATIONAL CENTER
FIRST FLOOR PLAN mat_2003
) )
h, '• City of Apache Junction, Arizona 300 E Superstition
rY Boulevard
-; Agenda Item Cover Sheet Apache Junction AZ 85119
Agenda Item No 3
File ID. 15-311
Sponsor: Bryant Powell Agenda Date: 8/31/2015
Index. In Control.City Council Work Session
Presentation and discussion regarding draft Ordinance No 1418 allowing the continuation
of the 2% sales tax set to expire on September 1, 2016
Attachments:
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
es
DRAFT
8/24/15
ORDINANCE NO. 1418
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, RELATING TO THE
TRANSACTION PRIVILEGE LICENSE TAX (SALES TAX) ;
AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION
BY CONTINUING THE RATE OF TAXATION BY TWO-TENTHS OF
ONE PERCENT ( .2%) AS ORIGINALLY ADOPTED BY ORDINANCE
NO. 1129 AND INITIALLY CONTINUED BY ORDINANCE NO.
1359; DESIGNATING THE PURPOSE; DESIGNATING AN
EFFECTIVE DATE; DESIGNATING A TERMINATION DATE,
COMMONLY KNOWN AS THE "SUNSET CLAUSE", PROVIDING FOR
EXISTING CONTRACTS, PROVIDING FOR PENALTIES, REPEALING
ANY CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR NOTICE.
WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys
upon the Mayor and City Council the power to levy taxes
including a transaction privilege license tax (also known as the
"sales tax") , and
WHEREAS, up until September 1, 2000, the City had a sales
tax rate of 2 0%; and
WHEREAS, to build critical capital facilities including a
new rodeo ground and events center, library expansion, skate
park, swim center, court, city hall and multigenerational
recreation center, the City Council on May 16, 2000, passed
Ordinance No 1129 which increased the sales tax rate from 2 . 0%
to 2 .2% with a sunset provision of September 1, 2010; and
WHEREAS, to address financial challenges due to resulting
effects of the 2008 recession, the City Council voted to
continue the sales tax at this additional 0. 2% rate until
September 1, 2016 by passing Ordinance No. 1359 on March 1,
2010; and
WHEREAS, on December 2, 2014, the Mayor and City Council
passed Ordinance No. 1406 which increased the sales tax rate
another 0 2% to address necessary city roadway improvement costs
with a sunset date of March 1, 2025; and
WHEREAS, the City of Apache Junction is still experiencing
diminished revenues due to the 2008 recession; and
ORDINANCE NO. 1418
PAGE 1 OF 7
WHEREAS, having no municipal property tax, the City of
Apache Junction relies predominantly upon sales tax revenues to
provide city services; and
WHEREAS, the City Apache A ache Junction has a mandatory
obligation to pay into the Public Safety Personnel Retirement
System costs which have increased from $645, 808 in Fiscal Year
2010-2011 to $1, 720, 540 in Fiscal Year 2015-2016 and projected
to be 2 213 1$ 90 in Fiscal Year 2016-2017; and
WHEREAS, the Mayor and City Council have determined that
the continuation of the original two-tenths of one percent ( . 2%)
transaction privilege license tax (sales tax) increase is
necessary to sustain the quality of life for community residents
and enhance the public health, safety and welfare; and
WHEREAS, at their regular meetings of August 4, 2015 and
September 1, 2015, a majority of the Mayor and City Council
directed staff to prepare an ordinance for a continuation of the
original .2% sales tax increase in compliance with State law and
the Model City Tax Code; and
WHEREAS, changes to the transaction privilege tax rate are
affected by amending the Tax Code of the City of Apache
Junction, and by appropriate notification to city taxpayers and
to the Arizona Department of Revenue and the Municipal Tax Code
Commission.
WHEREAS, pursuant to A.R.S. § 9-499 15, the City provided
sixty-day written notice of the proposed sales tax increase on
the City' s website (www.ajcity net) before the date of the
public hearing when this ordinance is to be considered.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
A. The tax rate in each of the following sections of the city
tax code is continued at the rate of two and two-tenths
percent (2 .2%) , in addition to 0 .2% for road improvement
projects already imposed under Ordinance No. 1406 with a
separate sunset date of March 1, 2025-
Section 8A-405 Advertising
ORDINANCE NO 1418
PAGE 2 OF 7
Section 8A-410 Amusement, exhibitions and similar
activities
Section 8A-415 Construction contracting- construction
contractors
Section 8A-416 Construction contracting: speculative
builders
Section 8A-417 Construction contracting: owner-
builders who are not speculative
OmN
builders
Section 8A-420 Feed at wholesale
Section 8A-425 Job printing
Section 8A-427 Manufactured buildings
Section 8A-430 Timbering and other extractions
Section 8A-435 Publishing and periodicals distribution
Section 8A-444 Hotels
Section 8A-447 Additional tax upon transient lodging
Section 8A-450 Rental, leasing and licensing for use
of tangible personal property
Section 8A-455 Restaurants and bars
Section 8A-462 Food for home consumption
Section 8A-475 Transporting for hire
B. The tax rate in the following sections of the city tax code
is continued at the rate of three and two-tenths percent
(3.2%) , plus another 0.2% as approved by the Mayor and City
Council on December 2, 2014 under Ordinance No. 1406 with a
separate sunset date of March 1, 2025•
Section 8A-470 Telecommunications services
Section 8A-480 Utility services
C. Section 8A-460 of the city tax code is amended to read as
follows:
Section 8A-460. Retail sales: measure of tax; burden of
proof; exclusions
(a) The tax rate shall be at the amount equal to two and
two-tenths percent (2 . 2%) of the gross income from the
business activity upon every person engaging or
continuing in the business of selling personal
property at retail, plus another 0. 2% as approved by
the Mayor and City Council on December 2, 2014 under
Ordinance No. 1406 until March 1, 2025.
ORDINANCE NO. 1418
PAGE 3 OF 7
Ir,1
(b) The burden of proving that a sale of tangible personal
property is not a taxable retail sale shall be upon
the person who made the sale.
(c) Exclusions: For the purpose of this Chapter, sales of
tangible personal property shall not include:
/'1 (1) sales of stocks, bonds, options or other similar
materials.
(2) sales of lottery tickets or shares pursuant to
Article 1, Chapter 5, Title 5, Arizona Revised
Statutes.
(3) sales of platinum, bullion or monetized bullion,
except minted or manufactured coins transferred
or acquired primarily for their numismatic value
as prescribed by regulation.
(4) gross income derived from the transfer of
tangible personal property which is specifically
included as the gross income of a business
activity upon which another Section of this
Article imposes a tax, shall be considered gross
income of that business activity, and are not
included as gross income subject to the tax
imposed by this Section.
(5) sales by professional or personal service
occupations where such sales are inconsequential
elements of the service problem.
(d) Notwithstanding the provisions of subsection (a)
above, when the gross income from the sale of a single
item of tangible personal property exceeds two
/'N thousand dollars ($2, 000) , the extended two and two-
tenths (2. 2%) tax rate shall apply to the first
$2, 000. Above $2, 000, the measure of tax shall be at
a rate of one and two-tenths percent (1 .2%) .
(e) When this city and another Arizona city or town with
an equivalent excise tax could claim nexus for taxing
a retail sale, the city or town where the permanent
business location of the seller at which the order was
received shall be deemed to have precedence, and for
the purpose of this chapter such city or town has sole
and exclusive rights to such tax.
(f) The appropriate tax liability for any retail sale
where the order is received at a permanent business
ORDINANCE NO. 1418
PAGE 4 OF 7
efts
location of the seller located in this city or in an
Arizona city or town that levies an equivalent excise
tax shall be at the tax rate of the city or town of
such seller' s location.
(g) Retail sales of prepaid calling cards or prepaid
authorization numbers for telecommunication services,
including sales of reauthorization of a prepaid card
or authorization number, are subject to tax under this
section.
SECTION II DESIGNATING THE PURPOSE
For such period of time that the City of Apache Junction,
Arizona, levies the tax as described in Section I above, the
revenues collected from the two-tenths of one percent ( . 2%)
continuation shall be used for mandatory payments to the Public
Safety Personnel Retirement System and purposes related directly
to city law enforcement.
SECTION III DESIGNATING AN EFFECTIVE DATE
The provisions of this ordinance continuing the tax rate of .2%
for the purpose set forth in Section II above shall become
effective on September 2, 2016
SECTION IV DESIGNATING A TERMINATION DATE
The provisions of this ordinance continuing the tax rate of .2%
for the purpose set forth in Section II above shall terminate,
or "sunset" on September 1, 2026, at which time the increased
tax rate as set forth in Section I of this ordinance shall
automatically be reduced by two-tenths of one percent ( . 2%) .
The sunset date of March 1, 2025 for the additional 2% tax rate
remains unaffected by this ordinance.
SECTION V PROVIDING FOR EXISTING CONTRACTS
The tax imposed pursuant to this ordinance shall not apply to
contracts entered into prior to the effective date of the tax as
set forth in Section III above.
SECTION IV PROVIDING FOR PENALTIES
Any person found guilty of violating any provision of these
amendments to the tax code shall be guilty of a class one
ORDINANCE NO 1418
PAGE 5 OF 7
oft. Aar
misdemeanor and shall be prosecuted pursuant to Article 1-8 of
the Apache Junction City Code and Section 8A-580 of the Tax Code
of the City of Apache Junction.
SECTION VII REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
oink provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed
SECTION VIII PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IX PROVIDING FOR NOTICE
Pursuant to A.R. S. § 42-6052 (E) , staff shall provide a fully
executed copy of this ordinance to the Municipal Tax Code
Commission and the Department of Revenue within ten days after
the passage date of this ordinance .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015 .
SIGNED AND ATTESTED TO THIS DAY OF , 2015 .
JOHN S. INSALACO
Mayor
ATTEST•
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1418
PAGE 6 OF 7
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
AmIN
ORDINANCE NO 1418
PAGE 7 OF 7
...,
.,e City of Apache Junction, Arizona 300E Superstition
Boulevard
uP ' Agenda Item Cover Sheet Apache Junction AZ 85119
w Agenda Item No.4.
tz File ID: 15-328
Sponsor Dave Waldron Agenda Date.8/31/2015
Index. In Control. City Council Work Session
Adak
Discussion on use tax During the August 3, 2015 Work Session, council heard a
presentation from Lee Grafstrom, Tax Policy Analyst at the League of Arizona Cities and
Towns, on use tax and its implementation This gives council the opportunity to discuss the
possible adoption of a use tax
Attachments:
I�
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
CITIES &TOWNS 15 15=NO Use Tax
Avondale Apache Junction 15
Bullhead City* Benson* 15
Camp Verde* Bisbee* 15
Carefree* Buckeye* 15
Cave Creek* Casa Grande'* 15
Chandler Clarkdale* 15
Chino Valley* Clifton* 15
Colorado City* Cottonwood* 15
Coolidge* Duncan* 15
Dewey-Humboldt* Gilbert* 15
Douglas Globe* 15
Eagar* Guadalupe* 15
El Mirage* Huachuca City* 15
Eloy* Jerome* 15
Flagstaff Kearny' 15
Florence* Miami* 15
Fountain Hills* Nogales 15
Fredonia* Oro Valley* 15
Gila Bend* Parker* 15
Glendale Patagonia* 15
Goodyear* Payson* 15
Hayden* Pima* 15
Holbrook* Pinetop-Lakeside' 15
Kingman* Sahuarlta' 15
Lake Havasu City' Show Low* 15
Litchfield Park* Snowflake* 15
Mammoth* South Tucson* 15
Marana* Springerville' 15
Maricopa' Star Valley* 15
Mesa Superior* 15
Page* Taylor* 15
Paradise Valley* Tolleson* 15
Peoria Tombstone* 15
Phoenix Tusayan* 15
Prescott Wellton' 15
Prescott Valley* Wickenburg' 15
Quartzsite* Willcox* 15
Queen Creek* Williams* 15
Safford* Winkelman* 15
San Luis* Winslow* 15
Scottsdale Yuma* 15
Sedona'
Sierra Vista*
Somerton*
St. Johns'
Surprise*
Tempe
Thatcher*
Tucson
Youngtown*
Article VI - Use Tax
Sec. 8A-S00. Use tax: definitions.
For the purposes of this Article only, the following definitions shall apply, in addition to the definitions
provided in Article I:
"Acquire(for Storage or Use)"means purchase, rent, lease, or license for storage or use
"Retailer"also means any person selling, renting, licensing for use, or leasing tangible personal property
under circumstances which would render such transactions subject to the taxes imposed in Article IV, if
such transactions had occurred within this City.
"Storage(within the City)" means the keeping or retaining of tangible personal property at a place within
the City for any purpose, except for those items acquired specifically and solely for the purpose of sale,
rental, lease, or license for use in the regular course of business or for the purpose of subsequent use
solely outside the City,
"Use(of Tangible Personal Property)"means consumption or exercise of any other right or power over
tangible personal property incident to the ownership thereof except the holding for the sale, rental, lease,
or license for use of such property in the regular course of business
Sec. 8A-610. Use tax: imposition of tax; presumption.
(a) There is hereby levied and imposed, subject to all other provisions of this Chapter, an excise tax on
the storage or use in the City of tangible personal property, for the purpose of raising revenue to be
used in defraying the necessary expenses of the City, such taxes to be collected by the Tax Collector
(b) The tax rate shall be at an amount equal to two and four tenths percent(2.4%)of the
(1) cost of tangible personal property acquired from a retailer, upon every person storing or using
such property in this City.
(2) gross income from the business activity upon every person meeting the requirements of
subsection 8A-620(b)or(c)who is engaged or continuing in the business activity of sales,
rentals, leases, or licenses of tangible personal property to persons within the City for storage or
use within the City, to the extent that tax has been collected upon such transaction.
(3) cost of the tangible personal property provided under the conditions of a warranty, maintenance,
or service contract.
(4) cost of complimentary items provided to patrons without itemized charge by a restaurant, hotel,or
other business.
(5) cost of food consumed by the owner or by employees or agents of the owner of a restaurant or
bar subject to the provisions of Section 8A-455 of this Chapter
(c) It shall be presumed that all tangible personal property acquired by any person who at the time of
such acquisition resides in the City is acquired for storage or use in this City, until the contrary is
established by the taxpayer
(d) Exclusions For the purposes of this Article, the acquisition of the following shall not be deemed to be
the purchase, rental, lease, or license of tangible personal property for storage or use within the City:
(1) stocks, bonds, options, or other similar materials.
(2) lottery tickets or shares sold pursuant to Article I, Chapter 5,Title 5,Arizona Revised Statutes
(3) Platinum, bullion, or monetized bullion,except minted or manufactured coins transferred or
acquired primarily for their numismatic value as prescribed by Regulation
(e) Notwithstanding the provisions of subsection (a)above, when the amount subject to the tax for any
single item of tangible personal property exceeds two thousand dollars ($2,000), the two and four
tenths percent(2 4%)tax rate shall apply to the first$2,000.Above$2,000, the measure of tax shall
be at a rate of one and four tenths percent(1.4%).
(f) (Reserved)
Sec. 8A-620. Use tax: liability for tax
The following persons shall be deemed liable for the tax imposed by this Article,and such liability shall
not be extinguished until the tax has been paid to this City, except that a receipt from a retailer separately
charging the tax imposed by this Chapter is sufficient to relieve the person acquiring such property from
further liability for the tax to which the receipt refers
(a) Any person who acquires tangible personal property from a retailer, whether or not such retailer is
located in this City, when such person stores or uses said property within the City
(b) Any retailer not located within the City, selling, renting, leasing, or licensing tangible personal property
for storage or use of such property within the City, may obtain a License from the Tax Collector and
collect the Use Tax on such transactions. Such retailer shall be liable for the Use Tax to the extent
such Use Tax is collected from his customers.
(c) Every agent within the City of any retailer not maintaining an office or place of business in this City,
when such person sells, rents, leases, or licenses tangible personal property for storage or use in this
City shall, at the time of such transaction, collect and be liable for the tax imposed by this Article upon
the storage or use of the property so transferred, unless such retailer or agent is liable for an
equivalent excise tax upon the transaction.
(d) Any person who acquires tangible personal property from a retailer located in the City and such
person claims to be exempt from the City Privilege or Use tax at the time of the transaction, and upon
which no City Privilege Tax was charged or paid, when such claim is not sustainable.
(e) Every person storing or using tangible personal property under the conditions of a warranty,
maintenance, or service contract.
Sec. 8A-630. Use tax: recordkeeping requirements.
All deductions, exclusions, exemptions, and credits provided in this Article are conditional upon adequate
proof of documentation as required by Article III or elsewhere in this Chapter
Sec. 8A- 640. Use tax credit for equivalent excise taxes paid another jurisdiction.
In the event that an equivalent excise tax has been levied and paid upon tangible personal property which
Is acquired to be stored or used within this City, full credit for any and all such taxes so paid shall be
allowed by the Tax Collector but only to the extent Use Tax is Imposed upon that transaction by this
Article.
Sec. 8A-650. Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable
elsewhere in this Chapter; limitation.
The tax levied by this Article does not apply to the storage or use In this City of tangible personal property
acquired in this City,the gross income from the sale, rental, lease, or license of which were included in
the measure of the tax imposed by Article IV of this Chapter, provided, however, that any person who has
acquired tangible personal property from a vendor in this City without paying the City Privilege Tax
because of a representation to the vendor that the property was not subject to such tax, when such claim
Is not sustainable, may not claim the exclusion from such Use Tax provided by this Section.
Sec. 8A-660. Use tax: exemptions.
The storage or use in this City of the following tangible personal property is exempt from the Use Tax
imposed by this Article:
(a) tangible personal property brought into the City by an individual who was not a resident of the City at
the time the property was acquired for his own use, if the first actual use of such property was outside
the City, unless such property is used In conducting a business in this City
(b) tangible personal property,the value of which does not exceed the amount of one thousand dollars
($1,000) per item, acquired by an individual outside the limits of the City for his personal use and
enjoyment.
(c) charges for delivery, installation, or other customer services, as prescribed by Regulation.
(d) charges for repair services, as prescribed by Regulation.
(e) separately itemized charges for warranty, maintenance, and service contracts.
(f) prosthetics.
(g) income-producing capital equipment.
(h) rental equipment and rental supplies.
(i) mining and metallurgical supplies.
(j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon which a tax
has been imposed under the provisions of Article I or II, Chapter 16, Title 28,Arizona Revised
Statutes
(k) tangible personal property purchased by a construction contractor, but not an owner-builder,when
such person holds a valid Privilege License for engaging or continuing in the business of construction
contracting, and where the property acquired is incorporated into any structure or Improvement to real
property in fulfillment of a construction contract
(I) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor ships or
delivers the motor vehicle to a destination outside this State.
(m)tangible personal property which directly enters into and becomes an ingredient or component part of
a product sold in the regular course of the business of job printing, manufacturing, or publication of
newspapers, magazines or other periodicals Tangible personal property which is consumed or used
up In a manufacturing,job printing, publishing, or production process is not an ingredient nor
component part of a product.
(n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed under
Section 8A-410, or by a radio station,television station, or subscription television system.
(o) food served to patrons for a consideration by any person engaged in a business properly licensed
and taxed under Section 8A-455, but not food consumed by owners, agents, or employees of such
business.
(p) tangible personal property acquired by a qualifying hospital, qualifying community health center or a
qualifying health care organization, except when the property is in fact used in activities resulting in
gross income from unrelated business income as that term is defined in 26 U.S.C. Section 512.
(q) (Reserved)
(r) (Reserved)
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
(4) (Reserved)
(s) groundwater measuring devices required by A.R.S. Section 45-604
(t) (Reserved)
(u) aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S Section 3-561, 3-562 and 3-563.
(w) (Reserved)
(x) food and drink provided by a person who is engaged in business that is classified under the
restaurant classification without monetary charge to its employees for their own consumption on the
premises during such employees' hours of employment.
(y) (Reserved)
(z) (Reserved)
(aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and
Regulation 8A-100.5
(bb) materials that are purchased by or for publicly funded libraries including school district libraries,
charter school libraries, community college libraries,state university libraries or federal, state,
county or municipal libraries for use by the public as follows
(1) printed or photographic materials.
(2) electronic or digital media materials
(cc) food, beverages, condiments and accessories used for serving food and beverages by a
commercial airline, as defined in A.R S Section 42-5061(A)(49), that serves the food and
beverages to its passengers,without additional charge, for consumption in flight. For the purposes
of this subsection, "accessories"means paper plates, plastic eating utensils, napkins, paper cups,
drinking straws, paper sacks or other disposable containers, or other items which facilitate the
consumption of the food
(dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an
inducement to enter into or continue a contract for telecommunication services that are taxable
under Section 8A-470.
(ee) (Reserved)
(ff) alternative fuel as defined in A.R.S. Section 1-215, by a used oil fuel burner who has received a
Department of Environmental Quality permit to burn used oil or used oil fuel under A R S
Section49-426 or Section 49-4N.
(gg) food, beverages,condiments and accessories purchased by or for a public educational entity,
pursuant to any of the provisions of Title 15,Arizona Revised Statutes, including a regularly
organized private or parochial school that offers an educational program for grade twelve or under
which may be attended in substitution for a public school pursuant to A.R.S. 15-802,to the extent
such items are to be prepared or served to individuals for consumption on the premises of a public
educational entity during school hours. For the purposes of this subsection, "accessories"means
paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper sacks or other
disposable containers, or other items which facilitate the consumption of the food.
(hh) personal hygiene items purchased by a person engaged in the business of and subject to tax under
Section 8A-444 of this code if the tangible personal property is furnished without additional charge
to and intended to be consumed by the person during his occupancy
(ii) the diversion of gas from a pipeline by a person engaged in the business of operating a natural or
artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize the
pipeline, is not a sale of the gas to the operator of the pipeline
(jj) food, beverages, condiments and accessories purchased by or for a nonprofit charitable
organization that has qualified as an exempt organization under 26 U.S.0 Section 5011c)(3)and
regularly serves meals to the needy and Indigent on a continuing basis at no cost. For the purposes
of this subsection, "accessories" means paper plates, plastic eating utensils, napkins,paper cups,
drinking straws, paper sacks or other disposable containers, or other items which facilitate the
consumption of the food.
(kk) sales of motor vehicles that use alternative fuel if such vehicle was manufactured as a diesel fuel
vehicle and converted to operate on alternative fuel and sales of equipment that is installed in a
conventional diesel fuel motor vehicle to convert the vehicle to operate on an alternative fuel, as
defined in A R.S Section 1-215
(II) The storage, use or consumption of tangible personal property in the city or town by a school
district or charter school.
(mm) renewable energy credits or any other unit created to track energy derived from renewable energy
resources. For the purposes of this paragraph, "renewable energy credit"means a unit created
administratively by the corporation commission or governing body of a public power utility to track
kilowatt hours of electricity derived from a renewable energy resource or the kilowatt hour
equivalent of conventional energy resources displaced by distributed renewable energy resources.
(nn) magazines or other periodicals or other publications by this state to encourage tourist travel
(oo) paper machine clothing, such as forming fabrics and dryer felts,sold to a paper manufacturer and
directly used or consumed in paper manufacturing
(pp) overhead materials or other tangible personal property that is used In performing a contract
between the United States government and a manufacturer, modifier, assembler or repairer,
including property used in performing a subcontract with a government contractor who is a
manufacturer, modifier, assembler or repairer,to which title passes to the government under the
terms of the contract or subcontract
(qq) coal, petroleum, coke, natural gas, virgin fuel oil and electricity sold to a qualified environmental
technology manufacturer, producer or processor as defined in A.R S.section 41-1514.02 and
directly used or consumed in the generation or provision of on-site power or energy solely for
environmental technology manufacturing,producing or processing or environmental protection.This
paragraph shall apply for twenty full consecutive calendar or fiscal years from the date the first
paper manufacturing machine is placed in service. In the case of an environmental technology
manufacturer, producer or processor who does not manufacture paper, the time period shall begin
with the date the first manufacturing, processing or production equipment is placed in service,
(rr) machinery, equipment, materials and other tangible personal property used directly and
predominantly to construct a qualified environmental technology manufacturing, producing or
processing facility as described in A R.S.section 41-1514.02. This subsection applies for ten full
consecutive calendar or fiscal years after the start of initial construction.
(ss) (Reserved)
`p4
}
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AZTaxes Newsletter Apache,function(480)982-8002
Privilege Tax-2.4% Peoria(623)773-7160
Bingo Utilities/Telecom-3.4% Privilege Tax-1 8% .. i
Retail Tax for Single item Portion over$2000- Rest&Bar-2.8%
Interest Rates 4,'".'`
1 4% Utilities-3.3%
Licensing Guide Can't`?>r
Luxury Tax Avondale(623)333-2000 tpay
es�ur
Privilege Tax 2.6% Phoenix(602)262-6785
Use Tax Direct Permit g ° Privilege Tax/Use Tax-2% sn a tt iT
Retail Tax for a Single item over$5000-1.5/ , t Ella y€.,
Holders Telecommunications 4 7/°
Use Tax-1.5% Utilities-2 7% `' - `- yip
Transaction Privilege Tax
TPT FAQS Sedona(928)204-7205 Prescott(928)777-1268
Notices Privilege Tax-3% Privilege Tax/Use Tax-2%
TPT Rates Chandler(480)782-2280 Scottsdale(480)312-2400
Tax Factoring Privilege Tax/Use Tax-1.5% Privilege Tax-1 65%
Rest&Bar-1 8% Use Tax-1 45%
Motor Vehicle Sales Utilities/Telecommunications-2.75%
Non-Program Cities Flagstaff(928)213 2250
Withholding Tax Privilege Tax-2.051%
Audits Douglas(520)417.7333 Restaurant and Bar
Privilege Tax 2.8% 4 051%
Collections Retail Tax for a Single item over$10,000-1 8% Hotels-4.051%
E-Services Use Tax-2.5% Use Tax-1%
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Publications Glendale(623)930-3190 Tempe(480)350-2955
Privilege Tax 2.9% Privilege Tax/Use Tax-
Reports&Research Use Tax-2 9% 1 8%
Class Action Notices Rest&Bar-3.9% Contracting-1 8%
Model City Tax Code Telecommunications-61%
Tax Credits Mesa (480)644-2316 Tucson(520)791-4566
/ei. Unclaimed Properly Privilege Tax/Use Tax-1 75% Privilege Tax/Use Tax 2%
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♦� i
City of Apache Junction, Arizona 300 E Superstition
Boulevard
2- Agenda Item Cover Sheet Apache Junction AZ 85119
140
%i Agenda Item No.5
‘r..
File ID 15-334
Sponsor Bryant Powell Agenda Date:8/31/2015
Index. In Control-City Council Work Session
Discussion on dates, times, and locations for a possible joint meeting with the Apache
Junction School Unified District Board Council may also wish to discuss an agenda for
the joint meeting
Attachments:
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
City of Apache Junction, Arizona 300 E Superstition
Boulevard
u� o Agenda Item Cover Sheet Apache Junction,AZ 85119
* / Agenda Item No 6
File ID: 15-305
Sponsor. Larry Kirch Agenda Date• 8/31/2015
Index• In Control. City Council Work Session
Presentation and discussion on the city's special event process
Attachments•
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
I
1 of A:. aCJunctiofi
CouncF WcEdk Session ' .
.
August31 , 2015
..
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'-L-'-' 11a4i- 1 Item
• 34. Special Event Process ome
• of th ouncil desire to
revisit the special event process . A
thorough process review was
conducted several years ago resulting
in a revamping of the process . The
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ess with the council and seek
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Events Generiate ,
• • •
,
O Community good will
• Business involvement
• Opportunities to support local non--prfits
• Healthy & fun family activities
' 4 '
a Opportunities to entertain all ages arid
varied interests
_ )_ .
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110
Recent Succscs
Improved event application
- Seven pages to two
Reduced staff time
- Electronic processing when appropriate
- Ensuring events need an application
, sq ott,
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Apache Junction is still
cumbersome
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mi The ro 'p cess is better, but not great
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o Definition is too broad ( # 3
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a Too restrictive ..
. .
P ® MH /MFGHome
Parks/ RV Resorts -,
cancelling Bazars/Market Days or
ignoring requirements all together7i
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Current De ' „ ilit--), [fii of 61 Ev
An activity or gathering which meets any of the
following criteria:
1 . Use of or impact/encroachment on any city
street, sidewalk, alley or other right-of-way area
(which includes any indirect impact that will affect the
flow of typical vehicular or pedestrian traffic) .
2. Is likely to draw a crowd to a venue not properly
suited and has the potential to require special
accommodations, regulations, traffic control devices
or public service personnel.
Z 5 1m 17
Definition of 6 cv . ( cone'
. "
An activity or gathering which meets any of the following criteria:
3. Presence or participation of any for-profit or non-
profit vendor that intends to make a sale, advertise for
sale, solicit sales, offer for sale, distribute businest
organizational information, or provides a er
offer advertise to • rQviCe a servi and i . t already
• ro • eri licensed to do so " - - Cit of A • ache
Junction.
4. Will require the approval of two or more city
departments for inspections, assistance or permits. A
)
•
% - Pm- •
Ivents in
C Junction
Regulated in
Chapter _ and the Zohing
Coçe Vol . II , Chapter 1 )
Pr . t
_ ed and sponsored by for-profit
organizations, agencies or businesses
a t 17g-
Specia
Event
..y Condu ted,.
organized,
r anized, and sponsored solely by
non-profit organizations and approved g by the City
Council during budget process
■ ommuni y
_
Conducted, organized, and sponsored solely
by
non-profit organizations, open to all, to promote
• City Events (not defined in current code)
• Typically organized by the Parks and Rec Dept. m .1
av( ,ki.
Surto
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N P ivate Events
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pecial Events
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7 ,
• Little Buck A - Roos
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, 76
vest ReconL * dations.,
Licensing for city events ,_, )
• Amend City Code Chapter 8-8- 1 (3)
1,r
- Change definition and add
,� paragraph with exceptions
Update " vendor requirements " in 8-, '..-- 8-3,
8-8-5 & 8-8-7 ( B )
11,
- Clarify "shall not be required to complete a ... -Event
application"
■ Update to include the $ 15 event license
fee
• Update to include Driver's License it
requirement ��1 �,z,
,,,, . _
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n Licensing levels �^�
- MHP issued a license OR new level_ .
1
s
smaller fees ... „. _
, ..
,.,
El Update 8A to reflect any changes ? ?
, ci Amend AJ AZ Zonin ..
g Code
- Alter CUP requirements
Amend City Code Chapter 8-9- 1
- Merge into 8-8 with paragraph RE '"
AUP/CUP ) 7r,,, .,.,.,
I �'
AUP and Ci3V� Ruiremehts
1 -9-3 ( M) Ancillary retail sales, special
events/activities intended
• 1 -9-3 ( N ) Ancillary retail sales, special :
events/activities intendedt..
and -
• Eliminate CUP requirements for concerts, fund
raisers, lectures, seminars, workshops,
educational classes, recreation ,
food/beverage sales, sporting events and
meetings. Revisit AUP requirements. ji
, ,
i „ .
:- _
Zoning CUP : cc, trrnendatkr, s
0 Special events and/or Gctivities hosted
sponsored by the parks (e .g . , concerts, fund raisers , lectures, seminars, workshops , '
, - ,
, r�n r+i +���
,,
meetings) or ancillary Ancillary retail uses
', (e .g ., restaurants, personal care services,
specialty retail and professional offices] shall
only be allowed subject to approval of a:CUP
or, if applicable, compliance with Vol . I,
Chapter 8 of the City Code regarding special
events. 71
/LI
ir
, . .
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. . _.- , .:: Next Steps -
- Staff . , ,
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:, has drafted amendments to Chapter
8, Articles 8 and 9 . . ,... , .
, •• ..
. .,....._ ,
- Brin,.
g back DRAFT amen ded ordinance for
••.
,•. future Council Work Sessions in September
c.
„, and October �� ;: ,
- Final Ordinance in November . ,
._
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it
,
• Scottsdale: http.//www.scottsdaleaz.qov/bldaresources/counrerresourceslspecialevent/sefags Vendors apply to Clerks
directly
• Flagstaff' http.//www flaastaff.az.goy(Doc umentCenter/Homed/Vew18304 P&R:
• Any organized activity involving the use of, or having impact upon, City property, City facilities, parks, sidewalks, street areas
or the temporary use of City property in a manner that varies from its current land use, requires a permit. (Ordinance 2010-27,
Chapter 8-12, Special Events. DS. private prop 1 Events Requiring a Temporary Use Permit
• • Events on private property may require a Temporary Use Permit issued by the Community
• Development Department Planning and Development Services.
• • Regulations governing temporary uses located on private property can be found in the
• Land Development Code. Contact the Planning and Development Services at (928) 213- 1
• 2641 for information and permit procedures.
• 2. Events that do not require a Temporary Use Permit
• • Except as specifically provided in the Land Development Code, restrictions on temporary uses shall not apply to any use
that is conducted entirely on private residential property, operated by the person, company. or organization awning the
R • property, provided that the duration of the temporary use does not exceed forth-eight (48) hours and is repeated not more
than four (4) times a year.
• • This does not relieve private property owners of the need to comply with other regulations, such as the Noise Ordinance,
Sales Tax Ordinance, provisions of the Zoning Ordinance, etc.
• Mesa: http://www.mesaaz.govisalestax/aoecial event.aspx
• Chandler: https.//chandleraz.gov/content/SE SpecialEventHandbook.pdf P& R: Any event/activity that will be...
• •• Held in a public venue/property
• • Using outdoor public spaces
• • Will affect private and/or public property or right-of-way
• • Inviting public participation/patronage (with or without charge)
• Prescott Prescott: http://www cityofpr_escott.net/ d/2014 event policy and procedure.pdf Applicants collects
paperwork/fees for vendors P&R or DS The use of any public street. or park or other public grounds which is owned by the 1
city. for events including (but not limited to) sporting events, music festivals, pageants, reenactments, regattas,
entertainment, public assemblies, demonstrations, and other activities which would require a closure or limitation of some or
all of said grounds for the uses to which they are generally available. (City Code 8-9-1)
• Maricopa: http://www.maricopa-az.gov/web/events NO
• Avondale: http://www.ci.avondale.az.us/Index.aspx?NID=249 City clerk - any events to be held in private or public property
that will require one or more city services
• Gilbert: http://www.ailbertaz.gov/home/showdoc • Events held on or affect Town of Gilbert streets, sidewalks on private
and/or public property; /A'
• • Events requiring Town of Gilbert services beyond those the town provides its citizens under ordinary, everyday 1,. .,-'
circumstances; and/or ,
• • Events having activities that require issuing one or more additional licenses or permits (fireworks, alcoholic beverages, od , r
sales, street closings, tents/temporary structures over ument?id=526 Fee , , ,
• Queen Creek-P&R Wr..
• Casa Grande-P&R —
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction,AZ 85119
1PO1Z, Agenda Item Cover Sheet
Agenda Item No.7.
izOak°' File ID: 15-306
Sponsor Larry Klrch Agenda Date 8/31/2015
Index In Control City Council Work Session
Presentation and discussion regarding the city's existing Development Design Standards in
the Land Development Code -Volume II, Article 1-13, Zoning Code and their application to
existing development and new development projects
Attachments.
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
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Apache Junction Con�r .erl Design Standards
• Article 1- 13: Design Standards
• Adopts by reference:
• City of Apache Junction Commercial Design Guidelines
Adopted by Ordinance in 2004
- Downtown Overlay District Design Guidelines
F Adopted byOrdinance in August, 2011
p g
F y �..
1
1 )
1
Apache Junction Commercial Design Standa s
i
Applies to all non-residential, mixed use and multi-family residential
development in the B-1 through B-5 zoning districts
Except development within the Downtown: ■ ♦ ■
City of Apache Junction
Suburban Zone C omnlercmai design
Guidelines
Transition Zone
Core Downtown Zone
In these zones, the Downtown Overlay
•
01)
District Design Guidelines Apply tft
.Apache Junction Commercial Design Standards
Applies to all non-residential, mixed use and multi-family residential
development including
Big box, strip retail, multiple tenant retail, pad ■
City of Apache Junction
sites, gas stations/C-stores, restaurants
l' / Commercial Design
Guidelines
Applies to multi-family but the City does not
have design guidelines for multi-family. . . `
For Planned Development (PD) properties,
Wto
unique design requirements may apply 1
■ ■
•
• 1
Stand"-- .- -.-'
"
, - •
Apache Junction Commercial Design
0
Downtown Overlay District Design Guidelines
Suburban Zone, Transition Zone, Core Downtown Zone
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IIISuburban
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Standards vs Guidelines
•
Standards — "shall"
Guidelines = "should" or "may"
Summary - Commercial Design Standards
•
Really "Guidelines" and not "Standards"
Only apply to new development, additions, redevelopment as noted
Does not apply to existing buildings, minor repairs, painting, etc.
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Discussion ••apt.
• 11..t1."''. •
,.
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•
n E City of Apache Junction, Arizona 300 E Superstition
Boulevard
. { Agenda Item Cover Sheet Apache Junction,AZ 85119
_
1*. % Agenda Item No.8.
z File ID: 15-309
Sponsor. Larry Kirch Agenda Date. 8/31/2015
Index: In Control:City Council Work Session
Presentation and discussion of an overview of zoning regulations in general, types of zoning
systems, the history of the city's zoning code, amendments made in the summer of 2014 to
the text and zoning map, possible revisions to fine tune those recent amendments and
revisions necessary to comply with recent court decisions regarding group living
arrangements
Attachments.
Amok
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
PQACHE✓G��
O�ori
,: ....,z City of Apache Junction 1 .''j
Development Services Department ;r y;vlM'
Z 0 ✓
PLANNING AND ZONING COMMISSION
STAFF ME3VICRPN1F
DATE : February 24, 2015
SUBJECT : Presentation and Discussion of potential
zoning code text amendments and map
amendments , Apache Junction City Code
Volume II , Land Development Code, Chapter
1 : Zoning Ordinance
PRESENTATION-
The City recently adopted an updated zoning code as part of the
I Land Development Code, Volume II of the City municipal code.
This updated code was adopted on May 6, 2015 and became
effective on June 5, 2015 In working with the code over the
last eight months, Planning and Zoning Staff have encountered
several portions of the code that may be in need of revision
Revisions are in the form of scrivener' s errors, possible
changes to the residential and commercial use tables, and
general clarification language that may be needed
Additionally, staff has discovered several examples where the eliN
zoning map may need correction. This is exemplified in the
recent staff initiated rezoning a mobile home park at
Superstition and Ironwood (from residential to commercial
zoning)
DISCUSSION.
The zoning code update should be regarded as both a welcome and
necessary process. The regular update of the zoning code to keep
up with updates to the General Plan, changes in state and federal
law, and good zoning practice is highly commended Now that the
staff has worked with the code for eight months, staff has
accumulated a list of code changes that should be considered.
Planning&Zoning—Building&Safety—Revenue Development
300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010
Zoning Code and Map Corrections
February 27, 2015
Page 2 of 3
The following is a list, in no particular order, and not
necessarily all inclusive of possible zoning code revisions . The
purpose of this staff presentation and discussion is to bring
forward to the Commission the prospect of code and map changes
that staff would bring back for discussion and action in the
future
MAP CHANGES.
• Bring back proposed zoning district map changes at future
meetings in groups of one or more
TEXT CHANGES.
• Consider spacing requirements for pawn shops, check
cashing establishments and tattoo parlors
• Revisit the allowable uses in the B-3 Downtown zoning
district (restrict uses further by prohibition or through
CUP) as part of the downtown revitalization efforts
• Consider changes to permitted uses/CUPS for some
commercial uses
• Revisit the AUP/CUP requirements for Market Days for
Mobile Home Parks/Subdivision and RV Parks/Resorts
• Propose changes to the permitted use table for commercial
zoning districts to allow RV repair in B-5, clarify CUP
^ requirements for outdoor storage in B-5 and whether night
watchman residences are permitted in B-5
• Propose changes to group homes, congregate living
arrangements, sober living houses, possible CUP
requirements (definitions, process, etc. )
• Revisit Home Based Business requirements (restore
definition of home occupation, allowable uses,
notification of owner that tenant is using dwelling for
HBB, size and # of vehicles allowed, require possible
periodic inspections)
• Propose combining Article 1-13 (Design Standards) , Article
1-14 Engineering Regulations (cross reference to Chapter
10) , Article 1-15 (Green Building and Site Development
Regulations) into one section (possibly with PDR and site
plan processes) .
Planning&Zoning—Building& Safety—Revenue Development
300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010
I I
/^
Zoning Code and Map Corrections
February 27, 2015
Page 3 of 3
* Create a General Plan Land Use Category/Zoning District
compatibility table (to assist in determining which zoning
district changes would require a General Plan Future Land
Use Map Amendment) fr
IN
* Consider placing deadlines for CUPs/rezonings in the Code
* Miscellaneous changes to building and accessory building
setbacks in MHP/RVP zoning districts
* Reconcile language for visibility at intersections, vision
triangles, sight distance at intersections with
Subdivision, Zoning and Engineering Standards
* Clarify development review process for Preliminary
Development Review (PDR) (1-16-8) and site plans (1-16-9)
• Clarify setback requirements for fences in commercial and
industrial districts. Consider survey requirement and
minimal cost building permit for fences to ensure they are
not built in the Right-of-Way.
* Clarify parking in the front yard and front yard setback
areas
• Revisit/clarify language that allows construction of
accessory structure prior to main buildings
• Review business friendly signage provisions with Economic
Development staff
ems
Recommendation-
Staff has the following recommendation regarding this agenda item•
(1) Proceed with making proposed revisions/clarifications and
bring back red line version of proposed zoning code
amendments to future work sessions
(2) Proceed with proposed zoning map amendments and bring back
city-initiated corrections in groups of one or more
Prepared by: Larry J. Kirch, AICP
Development Services Director
Planning &Zoning—Building&Safety—Revenue Development
300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010
1 1
Zoning Regulations
Overview
ko,tet41/1
CITY OF APACHE JUNCTION
COUNCIL WORK SESSION - AUGUST 31, 2015
Zoning Regulations
Origins of Zoning
Zoning 101
Evolution of Zoning
Current Zoning
Code
Possible Amendments/Rationale
ZoningRegulation
Origins of Zoning ki„,,f441
1867 1st modern zoning code in San Francisco — regulate location of obnoxious uses
1909 Los Angeles — applied land use controls to large annexation
1909 and 1915 U.S. Supreme Court Cases upheld zoning (districts and height, bulk, yards
and zones)
1916 NYC enacted first comprehensive zoning code (public health)
- 1926 Euclid vs. Ambler Realty (Euclid, OH) — U.S. Supreme Court supported
comprehensive zoning and SF Residential ONLY Districts — commonly referred to as
"Euclidian Zoning" where land uses are separated by zoning districts
ARS Chapter 4, Article 6.1 Zoning laws for Cities and Towns
Zoning 101 :„;;0
Seven Basic Elements
1) Uses (By Right/By Permit aka CUP)
2) Development Standards
3) Non-Conformities
Lots, Structures, Uses
4) Permit Evaluation Criteria
• S) Procedures
6) Definitions
• 7) Zoning Map
Zoning
01
Additional Elements
8) Administration/amendments
' 9) Overlay Zones and Planned Developments
' 10) Public Hearings
11) Land Development Codes (Subdivision, Landscaping, Stormwater,
Wireless Communication
12) Enforcement
13)Relationship with the City General Plan
r
Evolution ofZoning
Euclidian Zoning (many districts and separation of uses)
Overlay districts (e.g. flood zones, downtown overlay districts)
Planned Development Districts (negotiated — tailor made zoning)
Performance Zoning (variety of uses can co-exist if the development
meets performance standards, e.g. foundry next to home)
Form-based Codes ("fosters predictable built results and a high-quality
public realm by using physical form (rather than separation of uses) as
the organizing principle for the code" — Form Based Code Institute
Hybrids - Euclidian/Form Based Codes
I I
) )
Apache Junction Zoning Code
� ►
March ,7 1985 - effective date of first city Zoning
Code
May 2014 - most recent update
6, p
Many revisions between 1985 and 2014
Apache Junction ZoningCode
- Traditional Euclidian Code w/Planned Development
5 commercial districts — B-1 through B-5
B-3 is the "downtown district"
r B-4 = "Light Industrial"
B-5 = "Heavy Industrial"
- Public/Institutional
- 15 Residential Districts (10 Single Family, 3 Multiple Family, MHP and RVP)
- 1.25 acre = RS-GR, RS-54, RS-54M (M allows Manufactured Home)
- RS-20 +M, RS10 + M, RS-7 +M, RS-5 +M where # equals lot size (e.g. RS-20 = 20,000 sq.
ft. lot) )
- Multiple Dwelling Districts - RM-1 (13 du/ac), RM-2 (22 du/ac), RM-3 (40 du/ac)
• MHP (14 du/ac), RVP (20 du/ac)
....y :e: x . -1151+MMesW+.<d.^a..Ny !t ..M•....:..,.•,..,.•-hf-4esM . ..:.-F;.:'+ .,• , . u#.,Y e. _ ... wu:IW,.,i.hw.rtY,.. ...'Svm�+t ,,.: ..-a w••. n
)
74—.6
ApacheiunctionZoningCode
.w Planned Development (PD) — explained
For example: B-1/PD = B-1 "by" Planned Development
A negotiated zoning district — allows for deviation from the strict development standards such as
height, setbacks, bulk, etc., in exchange for higher quality architecture, landscaping, etc., but
perhaps limiting or negotiating the allowable uses permitted.
Can be applied to any parcel, regardless of size, allowed in any zoning district.
Example: Recent Annexation at Tomahawk and U.S. 60
'*hl'YYMe':'.4MYaWau'«`d,mfik7MF.F ,Ra+dN]S&I4000, a�6tR5�1'i4.Nr�. k:;t1.w2' t.+.k'fi4M +tF�n4'4 Xs?v::rt..,.. avaai .,w. a'w.^.1,4^
/AiPossible Amendments/Rationale
Presented to P&Z on February 24th
L See Staff Memo, included in Council packet.
► ►
Discussion � � ►
Sources:
DNational League of Cities, Zoning 101: A practical introduction, 2001
UPlanning ABC's, Planning Commissioners Journal, by Laurence C. Gerkins, 2003
i a.
ICLES BOATS & VTILITY TRAILERS Cocit ..ompliance isa division of the City of
?enable vehicles being re- - w Boats,utility trailers,and Mesa's Neighborhood Services Department
ed or repaired for longer ' The Code Compliance Division is dedicated, non-vehicle mounted
i ten(10)days must be . _ ... to providing superior services to Mesa
ed safely within a law - _., camper shells need to be residents,businesses and visitors through
y enclosed building or '- "". stored inside a garage,in
innovation, education and enforcement,
cture or screened by a c4,, - , the rear yard,or in the side while fostering community pride.
risible beyond the prop- yard or carport behind the
1r tarps are not acceptable front face of the house.If it is over 6-feet tall and We appreciate your help in maintaining our
:t the Mesa Police De- stored in the side yard,the boat,utility trailer or non- neighborhoods with pride. By working
or inoperable vehicles vehicle mounted camper shell must be screened by a together,we will keep Mesa beautiful and
6-foot fence that cannot be readily seen through enure that Mesa is the community of
iicle must be repaired within
om view Above To be in compliance,this boat(more than 6-feet tall)must choice
be stored,n the rear yard,or in the side yard be rid a 6-foot fence
E N 1 C L E S that cannot be readily seen through,or removed from the property Code Compliance officers may begin
enforcement based on citizen complaints or
RV can be parked(for field personnel observations This provides
ling,unloading,cleaning EXTERIOR HOUSING MAINTENANCE
in the driveway for a an opportunity to educate residents about the
mum of 72 hours,or on The exterior housing ordinances.If you would like to report a
ibhc street for up to 48 maintenance ordinance, violation,please call Code Compliance at
rs. or"housing code."re- (480)644-2061.Visit our Web site at
Y"- quires that homes and www ci mesa.az us- click on Neighborhood
may be stored in the __., - '
yard or in the side yard •' other exterior structures Services,then Code Compliance.
Ind the front face of the t be maintained in a struc-
se If your RV is over 6- ...,....i. turally sound condition Other programs offered by the Code
tall and stored in the . ,._ and not show deteriora- Compliance Division-
yard,it must be " -: --" tion,disrepair or blight. ■ Tool Lending Program
ened by a 6-foot fence �"""" '
cannot be readily seen1 E.. ' These items are covered ■ Code Repair Program
ugh.Your Covenants y e by the housing code and ■ Alley Clean Up Program
editions&Restrictions should be maintained:ex-
&Rs)may impose other tenor windows and doors,canopies and metal aw-
rictions on RVs and park-
An RV cannot be used Wings,roofs,exhaust ducts.chimneys,painted sun- FOR MORE INFORMATION, CONTACT:
mrposes or be connected faces,window screening,fences and wall,founda-
Police Department at bons,cooling devices,outdoor stairs,porches and City of Mesa
ed in the street. railings,and yards and landscaping Code Compliance Division
200 South Center Street, Building 2
6-feet ta'I)must be stored in P.O. Box 1466
find a 6-foot fence that cannot
I from the pity Mesa,AZ 85211-1466
This is only a summary of Public 484 644-2061; Fax: (480) 644-2897
'wed in the rear or side yard Nuisances, Property Maintenance and ( }
s ncl need to be screened by www.ci.mesa.az.us
Neighborhood Preservation ordinances and
ad behind a 6-foot fence that.s is not all inclusive of City ordinances Se habla espafiol
E-ICLES: We BOATS &UTILITY TRAILERS:
rovers at We now allow in the driveway.
s & apartment HOUSING MAINTENANCE: We
don't have a Housing Code Our
e allow them in property maintenance code only
time limit City applies to what can be seen from
i-outs being the right-of-way.
I
Neatly kept homes and yards provlae a FENCING INOPERABLE YEHtrio
i'
A fence,screen wall or
safe, attractive neighborhood and help i = � • t� .,'-•, retaining wall must be � scoff
maintain property values. Owners and {, jj ,liar
} 1 fib# k, 7 , �' •
residents are responsible for property i , ,, in good repair and r}+ r` `' star
structurally sound. ' .i,i, full
maintenance., as well as the mainte- :;,;, 'q s Fencing must be self- " stru
nance of sidewalks, alleys and other µ s lawful fence so as not to be
-,'-, supporting and con-
publleplaces bordering their property. ' �` strutted of durable erty boundaries.Car covers c
L ■. MAINTENANCE
methods of screening. Conta
YARD a !LL L E T I N T E N A N E wood,chain link,metal,masonry or other standard partment at(480)644-2211 t
Overgrown weeds,shrubs,
fencing material.Fencing materials,colors and fin-
- parked in the street.
and vegetation are fishes must be consistent or compatible with maten Above To be In compliance,the ve
trees,grassg als,colors and finishes on the same fence or wall. ten(10)days or lawfully screened f
fire and safety hazards_Prop-+ ° ; ' erty must be kept free of Electric fences are illegal.It is also illegal to attach
glass,nails,metal or materials that can cause injury• RECREATIONAL V
. '-� � " '�y weeds and grass more than 9 An
inches tall Trim tree branches or shrubs that extend G R A I T I .", loaf
over sidewalks,streets,alleys or other public placesetc
It is the responsibility of " mat
so they do not obstruct vision or the travel of drivers -� '� TIN
..�..�
the owner or resident to y a pi
or pedestrians.All dead or dry trees and vegetation h remove graffiti from I i
c t' hou
must be removed and disposed of properly.
C;;`5u buildings,structures or RV
OUTSIDE STORAGE, JUNK it GARBAGE fences on their property. real
-� beh
=�' •' � " " �" Gall the Graffiti Hotline at ��•
Junk,garbage or an accumu- ,._
f r rfuq+ • g 480 644-3083 for help. :., , hou
Arty lotion of materials cannot be (480) a , feet
'• _.,K_• stored where it is visible be-
r: side
PARKING 4 = side
1 ".....A.-_ yond property boundaries -
This includes auto parts,ap ---� ? It is unlawful to park or that
A 3 store any motor vehicle thrc
''-- phances,indoor furniture, _ Coc
ell
;rT.building or landscape mate- within the front or side Il II -' riot,scrap lumber,tires,card -'LI _"" yard of a single residence rest
im board,plastic,paper etc.Ma-
terialsunless must be stored in a stored on an improved, for living quarters,business i
building or structure,ordust-proofto utilities.Contact the Mesa
11111
dust-proof parking surface An improved,
screened by a lawful fence so parking surface is concrete,asphalt or 3 inches of (480)644-2211 for RVs park
," • ?' as not to be visible from prop- crushed rock surrounded by a permanent border. Top This recreational veh de(over
erty boundaries Sidewalks,alleys and all public Such parking may not exceed fifty percent(50%)of the rear yard,or in the side yard be
places borderingpropertyalso
must be keptbe readily seen through,or remove
your the front yard area-All�ehtcles parked in the front M.ddle This travel trailer must be s
clear and free of junk and garbage yard must have current registration displayed. Since it is less than 6-feet tall,it da
Above.Items must be removed and disposed of property You may a fence.
this property owner must park the ye
-
schedule the City of Mesa Solid Waste Division at(480)644-2688 to Above To be in compliance,hide on the driveway(or street,if allowed)or provide an improved, Bottom This vehicle is lawfully stor
schedule a pick up or dispose of the materials propeerlyrly yyoourself dust-proof surface adjacent to the driveway. not readily seen through
OUTSIDE STORAGE:Our FENCING: Our code does not INOPERABLE VEl
code allows items to be seen require consistent materials allow tarps and car
from neighbors but not the GRAFFITI: City can remove as an condo's, townhome
public right-of-way option complexes.
PARKING: No backing vehicles into REC VEHICLES: V
the lot so City can't see registration. the driveway with n
City definition of driveway is vague does not address tip
Limit for "improved, dust proof opened when store(
parking surrface is 50% of front yard
4
P4 � ,, City of Apache Junction, Arizona 300E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No.9.
JF File ID: 15-310
Sponsor. Larry Kirch Agenda Date• 8/31/2015
Index In Control. City Council Work Session
Presentation and discussion of City Code Chapter 9 Health and Sanitation, Article 9-1
Property Maintenace Standards, Article 9-2 Refuse, Garbage, Debris, Junk, Trash and Litter
Removal, background of Property Maintenance Standards adoptions and possible changes to
the standards
Attachments.
City of Apache Junction,Arizona Page 1 Printed on 8/24/2015
Neai ykept homes and yards provide it FENCING INOPERABLE VEHICLES BOATS it UTILITY TRAILERS Code Compliance is a division of the City of
safe,attractive neighborhood and help aMesale Neighborhood Services Department
maintain property values.Owners and ,
s A fence,screen wall or Inoperable vehicles being re- Boats,utility trailers,and g ep rtment
�r retaining wall must be ) stored or repaired for longer i " `. (� The Code Compliance Division is dedicated
residents are responsible for .; non-vehicle mounted
in good repair end than ten(10)days must be w to providing superior services to Mesa
maintenance,as well as the mints.
1; stored safely within slaw- a °'^�"*® camper shells need to be
x'* / structurally sound. ' .arZt stored inside a residents,businesses and visitors through
nanee of sidewalks,alleys and Other r' ,, i fully enclosed building orgarage,in
' Fencing must be self- r ainnovation,education and enforcement,
public places bordering their property. -, structure or screened prop-
a the rear yard or in the side
���• - h 4, supporting and con- lawful fence so as not to be visible beyond the prop• yard or carpal behind the white fostering community pride.
YARD ALLEY MAINTENANCE strutted of durable erty boundaries.Car covers or tarps are not acceptable front face of the house.If it is over 6-feet tall and
wood,chain link,metal,masonry or other standard methods of screening.Contact the Mesa Police De. We appreciate your help in By maintaining our
Overgrown weeds,shrubs, fencing material.Fencing materials,colors and fin- partment at(480)644-2211 for inoperable vehicles stored in the side yard,the boat,utility trailer or non• neighborhoods with pride. working
7110e' parked is he street vehicle mounted camper shell must be screened bye together,we will keep Mesa beautiful and
trees,grass and vegetation are ashes must be consistent or compatible with maims- 6-foot fence that cannot be readilyseen through
Alasre:To be in once,the vehicle must be ensure that Mesa is the communityof
fire and safety hazards.Prop- materi-
als,colors and finishes on the same fence or wail. reeved vnthm
1 cr�,� `y j arty must be kept free of Electric fences are illegal.It is also illegal to attach �n(10� °lawfully screened 6°m view Above To n e ca lylseen t ro boat(name than from
la t)must choice.
l 9 i1 VEHICLES
be steed m the rear yard,a tin;
tie side yard beh'nd a frfad lento
weeds and grass more than 9 Bless,nails,metal or materials that can cause injury RECREATIONAL iE H I C L E S dial cannot he madly seen Through,a removed tmm*property Code Compliance officers may begin
inches tall Trim tree branches or shrubs that extend enforcement based on citizen complaints or
over sidewalks,streets,alleys or other public places GRAFFITI An RV can be parked(for
so they do notobshuctvsionordetrnve]ofdnvers loading,unloading,cleaning EXTERIOR ROUSING MAINTENANCE
field personnelobscrvations.Thisprovides
or odes o ens All deed or It s the responsibility of etc)in the driveway for a an opportunity to educate residents about the.
p dry trees and vegetation ter► The exterior housing
the owner a its dent to maxun un oe72 hou s,nr on old nr aces.If you would like to report a
must be removed and disposed of properly. a public street for upto 48 maintenance ordinance,
remove graffiti from C a ,e P violation,please call Code Compliance at
d" — hours. or"housing code."re-C,,..tt buildings,structures or (480)644-2061.Visit our Web site at
OUTSIDE JUNK i GARBAGE +r- - _ qu ire, that homes and
STORAGE, ^,,el r n , fences on their property. RVs may be stored in the i www.ci.mesa.az.us:click on Neighborhood
'a -�` +ri - t rear or in the side r other exterior structures��Illi Junk,garbage or an aceumu- Call the Graffiti Hotline at yardyardT9 i: Services,then Code Compliance.
lotion of materials cannot be (48D)644-3083 for help. w• - behind the front face of the be maintained in a strut-
•.�' stored where it is visible be- house If your RV is over 6- rurally sound condition Other programs offered by the Code
_ - feet tall and stored in the .i'
+e., yond property boundaries q r and not show deter om- Compliance Division:
;10, .i PARKING side yard,itmrstbe � �
This includes auto parts,ap- screened bya 6-foot fence a -_! on,disrepair or blight ■ Tool Lending Pro
' - ' It is unlawful to or t.: ryg gram
pliances indoor furniture, a -:*• V C that cannot be readily seen These items are cove ed ■ Code Repair Program
IIIIMIIIIIIIIIIII store any motor vehicle —s ittit ep
building or landscape mate- r. through.Your Covenants bythe housing code and
4 rial,scrap loanlxr,tires,card- the front or side r' t Conditions&Restrictions 'r B ■ Alley Clean Up Program
l yira ofa single residence (CC&Rs)may impose other should be ma ntained ex-
r board p setae,paper etc.Me- ee restrictions vn RVs aad k- tenor windows and doors,canopies and metal aw-
unless it is parked a Paz
:..�,r in
terials must be stored in a � ing.An RV cannot be used flings,roofs,exhaust ducts,chimneys,painted sue-
_ stored anaaimproved FOR MORE INFORMATION, CONTACT:
building or structure,or for living quarters,business purposes or be connected faces,window screening,fences and walls,founds-
dust-proof parking surface.An improved,dust-proof City of Mesa
screened by a lawful fence so to utilities.Contact the Mesa Police Department at hops,cooling devices,outdoor stairs,porches and
+ -.. parking surface is concrete,a push[or 3 inches of
- _ as not to be visible from prop- (480)644-2211 for RVs parked in the street railings,and yards and landscaping. Code Compliance Division
arty-boundaries.Sidewalks,alleys and all public ens}ed rock surrounded by a permanent border. Top This recreational vehicle(over 6-feet tts)must be stored h 200 South Center Street, Building 2
leas bordering Such parking may not exceed fifty patent(50%)of the rear yard,a hn the side
P g y�property must also be kept Ya ya d behind a 8-foot fence that cannot P.O.Box l466
the front yard area.All vehicles parked in the front be madly seen trough.or removed farm the
clear and free ofjmdc and garbage. ply This is on ty a sum Mesa,AZ44 65211-1466
yard most have current registration displayed. Middle:Thu travel baler must be stored Pi the rear a side yard summary of Public
Above.items must be removed and disposed of properly.You may Sines it b less than 6-eel e,t does ri need to be screened by Nuisances,Property Maintenance and (480)644-2061,Fa>c(480)644-2897
call Oty of Mesa SW Division at(480)644.2638 to Above To be in �,ids property th y owner must park ve- a fence. Neighborhood Preservation ordinances and www.ci.mase.az.us
l the
schedule a pkk up or dspsee of the materials properly yourselfte hale on the driveway(a street,if e r provide en unproved, This a Is IawhNy stored beMnd a s-loot fence that:s Is not at induslve of City ordinances. Se hob la espeffol
dust-proof surface tote driveway. not madly seen throogh
OUTSIDE STORAGE.Our FENCING-Our code does not INOPERABLE VEHICLES We BOATS&UTILITY TRAILERS.
code allows items to be seen require consistent materials allow tarps and car covers at We now allow in the driveway
from neighbors but not the GRAFFITI City can remove as an condo's,townhomes&apartment HOUSING MAINTENANCE.We
public right-of-way option complexes don't have a Housing Code Our
PARKING-No backing vehicles into REC VEHICLES-We allow them in property maintenance code only
the lot so City can't see registration the driveway with no time limit City applies to what can be seen from
City definition of driveway is vague does not address tip-outs being the right-of-way
Limit for"improved,dust proof opened when stored
parking surrface is 50%of front yard
3 / )