HomeMy WebLinkAbout2013 12.16 City Council Work Session Agenda AMEs
City of Apache Junction, Arizona Meeting location
City Council Chambers
at City Hall
300 E Superstition Blvd
Agenda Apache Junction,AZ
85119
City Council Work Session
www ajcity net
Ph (480)982-8002
Monday, December 16,2013 7.00 PM City Council Chambers
A CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. Presentation and discussion on proposed rezoning case PZ-6-13, a
request by Superstition Springs Holdings, LLC, represented by
Kyleigh Merritt of triARC Architecture, to rezone a 2 6 acre property
at the southeast corner of W Apache Trail and S Gold Drive from
Local Commercial District by Planned Development(C-2/PD)to
General Commercial District by Planned Development(C-3/PD)
Presentation and discussion.
2. Presentation and discussion on quarterly update on the Downtown
Redevelopment and Implementation Strategy (DRIS) The DRIS,
adopted by the city council with the approval of Resolution No
10-34, recommends specific goals and strategies geared toward
fostering revitalization in the downtown The resolution requires staff
to provide a quarterly update to the mayor and city council on the
status of the items in the work plan, and any suggested staff
modifications thereto Presentation and discussion.
3. Presentation and discussion on Resolution No 13-40, a resolution of
the mayor and city council authorizing the city to enter into an
intergovernmental agreement with Maricopa County Department of
Transportation for the design and installation of traffic signal
improvements at the intersection of Superstition Boulevard and
Meridian Drive Presentation and discussion.
4. Discussion on location and planning details regarding the April 12, 2014
city council and staff strategic planning session Discussion only.
5 Legal advertising agreement with Arizona Republic for January 1,
2014 through December 31, 2014 Discussion only
City of Apache Junction,Arizona Page 1 Printed on 12/10/2013
City Council Work Session Agenda December 16,2013
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
If any person with a disability needs any type of accommodation,please notify the Human Resources
Office, at(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time
Aisik
City of Apache Junction,Arizona Page 2 Printed on 12/10/2013
City of Apache Junction, Arizona
300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
.J� J
Agenda Item No 1
File ID. 13-406
Sponsor: Rudy Esquivias Agenda Date: 12/16/2013
Index:Outside Scope of Council Priorities In Control:City Council Work Session
Adak
Presentation and discussion on proposed rezoning case PZ-6-13, a request by
Superstition Springs Holdings, LLC, represented by Kyleigh Merritt of triARC Architecture,
to rezone a 2 6 acre property at the southeast corner of W Apache Trail and S Gold Drive
from Local Commercial District by Planned Development(C-2/PD) to General Commercial
District by Planned Development(C-3/PD) Presentation and discussion
The applicants propose to split the property and develop the south 1 6 acres with a
medical and office complex, and the north 1 acre would be reserved for a future
commercial use, to be developed by a future developer
Attachments. PZ-6-13 City Council cover memo, PZ-6-13 PZ PH rep w Attachments
City of Apache Junction,Arizona Page 1 Printed on 12/10/2013
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qAgZ°N Development
p Services Department
Date : December 4, 2013 ,.,,
To: Honorable Mayor and City Council Members
Through: George Hoffman, City Manager
Brad Steinke, Development Services Director
From: Rudy Esquivias, Senior Planner/Zoning Admin
Subject: December 16, 2013, City Council Work Session Item:
PZ-6-13 Superstition Springs Holdings LLC/Merritt
Rezoning
Background
Superstition Springs Holdings, LLC, represented by Kyleigh
Merritt of triARC Architecture, is proposing to rezone the +/-
2 . 6 acres property at the southeast corner of W. Apache Trail
and S. Gold Drive, from C-2/PD (Local Commercial District by
Planned Development) to C-3/PD (General Commercial District by
Planned Development) . The proposal seeks to develop a medical
and office complex on the south 1. 6 acres of the property and a
north 1-acre pad would be reserved for a future retail or
downtown-oriented commercial use. The applicants propose to
create two parcels/phases for now, develop the south phase
first, and leave the development of the second phase to suit the earo
needs of that future developer. Staff is working with the
applicants to establish a palette of uses and basic unifying
design requirements, applicable to the entire property, to allow
easier development of the north parcel without necessarily
requiring another PD amendment process later on.
Planning and Zoning Commission Recommendation
On November 26th, 2013, the Planning and Zoning Commission held a
public hearing regarding this request (P&Z staff report and
exhibits attached) . The Commission voted to recommend approval
of the PD rezoning by a vote of 4 to 0 (three Commissioners
absent) , subject to all of Staff' s recommended conditions. No
neighbors spoke at the public hearing.
Attachments PZ Staff Report from November 26, 2013, with all attachments
aA.A M �
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O
City ofApache Junction
FOR' ° r Development Services Department
PLANNING AND ZONING COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: November 26, 2013
CASE NUMBER' PZ-6-13
APPLICANTS/OWNERS: Superstition Springs Holdings, LLC
REPRESENTATIVE: Kyleigh Merritt, of triARC Architecture
and Design
REQUEST: An application requesting rezoning from C-
2/PD (Local Commercial District by Planned
Development) to C-3/PD (General Commercial
District by Planned Development) , for the
purpose of developing the south 1. 6 acres
of the 2 . 6-acre property with a medical
and office complex, and reserving the
north 1 acre for a future commercial
development.
LOCATION: The property is located at the southeast
corner of W. Apache Trail and S. Gold
Drive.
GENERAL PLAN/
ZONING DESIGNATION: Downtown Mixed Use
SURROUNDING USES
and ZONING: North: Automotive repair shops and vacant
land (zoned CB-2, General Business
and C-3/PD, General Commercial by
Planned Development) ;
South: Single-family homes subdivisions
(zoned TH and CR-3/PD) ;
East: Tire repair shop and single-family
homes (zoned CB-2 and GR, General
Rural) ;
West: Auto parts store, grocery store and
vacant pad (zoned C-3/PD) .
PZ-6-13 Sup Holdings, LLC/Merritt)
Page 2 of 8
BACKGROUND
On November 15, 2005, the City Council approved Ordinance No.
1252, approving a rezoning and a conceptual development plan for
emN
the subject property (see ordinance and concept plan attached) .
The concept plan called for the development of a single-building
medical clinic in roughly the central portion of the property; a
pad on the north end of the property was reserved for future
retail or restaurant; and a south pad was reserved for a small
strip center which would accommodate low intensity neighborhood
services types of businesses. The plan was tied into a building
permit for the medical clinic that was already in process at the
time and was very tailor made for the Doctor who was developing
the property. A small palette of uses was specified and the
future pads would have to be developed under individual planned
development approval processes. Ultimately, three parcels would
result from the rezoning. For various reasons the property was
never developed.
PROPOSAL
A new ownership group is interested in developing the property
(see rezoning application and narrative attached) . This
proposal seeks to develop a medical and office complex on the
south 1 6 acres of the property, comprised of 6 buildings,
approximately 3000 square feet each in size; and a north 1-acre
pad would be reserved for a retail or restaurant establishment.
Dr. Kumar, who is proposing this development, has indicated that
he may want to `condo out' the occupancies in the buildings for
doctors and practitioners who want to own their own space, but
that would be subject to a commercial subdivision process later
on (see Gold Drive Development packet attached) . Although the
property is being up-zoned, Staff is worsing with the developer
to establish a palette of uses and basic unifying design
requirements, applicable to the entire property, to allow easier
development of the north parcel without necessarily requiring
another PD amendment process The developer plans to create two
parcels/phases for now and develop the south phase first.
PLANNING DIVISION ANALYSIS AND FINDINGS
Zoning/Site Context/General Plan:
The General Plan designates the subject site as Downtown Mixed
Use, which is intended to encourage commercial, employment,
ON eN
PZ-6-13 (Sup. Holdings, LLC/N_erritt)
Page 3 of 8
entertainment and higher density residential uses in a downtown
core type of environment. This property is also in the Downtown
Overlay District . Properties to the north, east and west share
the same designation; while to the south, the residential
neighborhoods are designated Medium Density Residential (maximum
of 6 dwelling units per acre) . The City has high hopes for the
development and redevelopment (such as Elvira' s) of properties
particularly to the north and west of the site, under their own
PD approvals, and a new Circle K is planned for the northeast
corner of Ironwood and Apache Trail. This development, when
realized, will provide positive infill, additional employment
and personal service opportunities in our downtown core area.
Proposed Development/Relationship to Codes and Ordinances:
The proposed planned development seeks to limit the palette of
uses, similar to the previously approved plan, to allow for
compatible uses on the 2 . 6 acres. Staff may ask that additional
uses be excluded as part of a recommendation of approval, simply
because up-zoning from C-2 to C-3 allows additional uses that
P g
may not be compatible. According to the submitted site plan, a
couple of PD deviations are being requested as part of the plan:
instead of the normally required C-3 zone, 25' front setback,
the applicants are asking for a minimum of 20' ; instead of the
normally required 25' rear setback, the applicants are asking
for a minimum of 10' , and instead of the normally required 25'
side setback (adjacent to the residential neighborhood) , the
applicants are asking for 10' on both the south and north sides.
8-foot masonry walls and landscape strips will provide buffers
between the residential uses and the new commercial uses. Staff
will recommend trade-offs for these requested deviations.
On-site and Off-site Improvements:
Off-site street improvements have already been constructed on
the Apache Trail frontage of the property, but the applicants
will be required to provide off-site improvements along Gold
Drive as requested by the City Engineer. These may include
street widening and median reconfiguration, sidewalks, curbing,
gutters, streetlights, fire hydrants, and hard surface
wheelchair access and/or marked crosswalks from the south phase
of the project to Apache Trail. On-site improvements such as
landscaping, on-site retention and drainage, paved parking, and
cross access to the north lot shall also be required Staff
will also ask for a unified landscape scheme and architectural
compatibility for the entire site. The developer is requesting
PZ-6-13 'Sup. Holdings, LLC/Merritt)
Page 4 of 8
that the City allow a multi-tenant sign, listing the businesses
on the south side of the property, to be accommodated on the
north end of the property, visible from Apache Trail. As part
of a planned development approval, a comprehensive sign package
eS
may be approved for the entire site.
Public Input:
The applicant' s public participation plan is to request written
input from the neighbors . Staff will update the Commissioners
with the applicant' s results of their neighborhood outreach
effort at their meeting on November 26. So far, no comments
have been received from neighboring property owners.
PLANNING AND ZONING COMMISSION WORK SESSION
At their work session on November 12, the Commissioners seemed
generally amendable to the request. One Commissioner commented
that she would like to see "southwesterny" architectural
detailing applied to the buildings, while another commented that
she liked the design of the buildings. Staff has asked the
applicants to rework their elevations to add more aesthetic
enhancements to the proposed buildings, at least in terms of
color, materials, visual interest, etc We hope to have revised
elevations to show the Commissioners at their meeting on
November 26
A preference was also stated that the street improvements on
Gold should be installed from the south property line to Apache
Trail . As mentioned above, the applicants propose to split the
property into a south 1 . 6 acres ("Phase 1") and a north 1 acre
("Phase 2") . Dr. Kumar plans to develop the medical and office
complex on the south, and the north one acre will probably be
sold and developed by someone else. In preliminary meetings,
Public Works Engineering requested that the applicants provide
pedestrian and disabled access from Apache Trail to the
northernmost property line of Phase 1 Three possible options
were discussed: 1) construct full street improvements along the
entire Gold Drive frontage of the property now; 2) provide
temporary hard surface access, such as an asphalt pathway, on
the east side of Gold from Apache Trail to the north end of
Phase 1; or 3) construct and extend a neva crosswalk from the
existing sidewalk on the west side of Gold, across the street to
the north side of Phase 1. Please see the last page of the 11"
x 17" attachments where Dr. Kumar' s Engineer is proposing to
PZ-6-13 (Sup Holdings, LLC/Merritt)
Page 5 of 8
construct a disabled-accessible crosswalk from the existing
sidewalk on the west side of Gold, across the street, to the
north end of Phase 1 in accordance with option 3 above. It is
/81 the applicant' s desire to defer the street improvements on the
north one acre to the future developer of Phase 2, to suit their
access needs.
Lastly, there was also a question about the location of the
south property line and what the 19-foot-wide strip is on the
south end of the property. Staff has asked the applicant to
explain that discrepancy at the public hearing on the 26th.
PLANNING DIVISION RECOMMENDATION
The Planning Division recommends approval of this rezoning and
we believe that the proposed development represents a positive
improvement and a neighborhood compatible infill use for the
long vacant and centrally located property. For the purpose of
limiting incompatible C-3 uses on the property and in exchange
for the planned development trade-offs being requested, Staff
offers the following recommended conditions of approval for the
Commission' s consideration.
RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
/'1 Apache Junction City Council the (APPROVAL/DENIAL) of rezoning
case PZ-6-13, a request by Superstition Holdings, LLC, repre-
sented by Kyleigh Merritt, for a rezoning of their 2. 6-acre
property from C-2/PD (Local Commercial District by Planned
Development) to C-3/PD (General Commercial District by Planned
Development) , subject to the following conditions of approval:
1) The property owners shall dedicate and improve any
necessary rights-of-way on Gold Drive and Apache Trail,
as required by the City Engineer and to the city' s
engineering standards and guidelines, prior to or at the
time of improvements plans submittal for the Phase 1
and/or Phase 2 parts of the proposed development, as
described in case file PZ-6-13 and incorporated by
reference herein
PZ-6-13 (Sup. Holdings, LLC/Merritt)
Page 6 of 8
2) The medical and office complex, and future commercial pad
shall be developed in accordance with the submitted
concept plans incorporated by reference herein, to
include but not be limited to, the proposed site plan and
conceptual elevations and the proposed access ems
configuration, except as otherwise conditioned herein
3) Future uses on the C-3/PD-zoned property shall include
those uses normally allowed under the C-3 base zone,
except for the following uses: pawn shop, tattoo and/or
piercing establishment, outdoor storage business of any
kind, taxi or shuttle business, convenience store, rescue
mission, soup kitchen or homeless shelter, second-hand
stores, used auto sales, auto or motorcycle repair shops,
medical marijuana uses, other uses determined by the
Zoning Administrator to be incompatible with a downtown-
oriented neighborhood compatible environment
4) The landscape plan for the entire property shall
incorporate a similar plant palette to create a unifying
landscape theme on both phases of the property. Said
landscape improvements shall be in compliance with the
city' s Landscape and Screening Requirements, including
the following additional requirements:
A) minimum 10-foot-wide landscape strips along the east
and south boundaries of the property, wherein at least
50% of the required trees shall be 24" box trees and ems
all of the shrubs shall be 5-gallon minimum in size;
B) at least 50% of the required trees along the
property' s Gold Drive and Apache Trail frontages shall
be 24" box trees and all of the required shrubs shall
be 5-gallon minimum in size;
C) the decomposed granite within any landscape strips or
islands shall be 1" minus in size and of a color which
complements the building colors;
D) 8-foot high masonry walls shall be required along the
property' s east and south boundaries (exclusive of the
front yard setback areas of the project) to further
buffer the proposed commercial uses from the adjacent
residential uses.
5) As part of a comprehensive sign package, the Phase 1 and
Phase 2 businesses shall be allowed to advertise on
PZ-6-13 iSup. Holdings, LLC/Merritt)
Page 7 of 8
multi-tenant monument signs, one each, located on the
Gold Drive and Apache Trail frontages. Said monument
signs shall be of the same design and size, shall
ImN complement the architecture of the buildings, and shall
be subject to Planning Staff review and approval.
6) At such time that a future business proposes to locate on
the Phase 2 portion of the property, said business shall
be required to comply with all provisions of this Planned
Development zoning approval, at a minimum to include the
construction of on-site and off-site improvements as
required by the city' s Engineers, the limited uses and
unifying signage and landscape improvements. Any future
building shall incorporate similar or compatible
architectural styling as the buildings on Phase 1 .
Requested deviations from the provisions of this
ordinance shall require a separate Planned Development
amendment process.
7) The property may be developed in two phases as described
in case file PZ-6-13, with the necessary public
improvements to be constructed with each phase, except
that the crosswalk shall be constructed with the Phase 1
portion of the project .
8) A separate commercial subdivision process shall be
required should the developer desire to create units for
/1 individual sale after rezoning. It is the responsibility
of the developer to develop the property with the
appropriate infrastructure systems to facilitate a
possible future subdivision, or else improvements may
need to be retrofitted later for a subdivision project,
at the developer' s expense.
9) All development on the property is subject to proper
permits and inspections, and compliance with all adopted
City codes and ordinances.
Prepay d y d Esquivias
Senior P a er/ oning Administrator
eN
PZ-6-13 (Sup. Holdings, LLC/Merritt)
Page 8 of 8
Attachments
- Rezoning Application and Narrative
- P2-6-13 Rezoning and Vicinity Map
- Property Aerial
- Ne:ghborhood Aerial
- Ordinance No. 1252 and Conceptual Site Plan (previous approval)
- Go_d Drive Development architectural exhibits
CC: PZ-6-13 Case File
Applicant
CITY OF APACHE JUNCTION
REZONING APPLICATION FORM
Ownenformation:
Name: / y(,-.6yi, ��e,r tf1 -s f�RC Arm kd ' elephone. 66'2-- 22 /. 1 t
Address: c,i7 E Vi rr i tsc- *(TS YOl SC f} FaCbL[
Property Information:
Zoning Classification
Current: (J-2) P.1) Requested: C-4 PD
Property Size:2.(n►7 ' acres 0 square feet County Tax Assessor Parcel#.16/-14,-oo j,-r
Legal Description of Property (found on County Tax Bill Notices): S&-
Address/Location of Property (if different from Owner Address, above)-
1
/7 S• Ovid "�� r ake Cikn vVr 11-Z-
List all improvements to Property: re - !. d -
Structures/Use of Adjacent Properties: ,�
North. f)1 f lC-- South: gat"de/M.717
East. itt f f ide42f 1 West: aA'— � Ceir-3
Reason for Rezoning Request. ee.e. „zit,LA C
List any land-use or environmental impacts that may be expected if property is rezoned.
FOR OFFICE USE ONLY
Case No.. PZ- - Date Filed.
Application Received By: Fee Amount: $
I,/We certify that:
I/We are the owner(s) of the property described in this application for rezoning and
have submitted copies of deeds or title reports as proof of ownership.
I/We have read the application instructions and have truthfully completed this
application. I/'We understand that rezoning is conditional upon dedication and time
requirements, and that the City has the option of either approval or denial of this
request following conduct of a Public Hearing.
e, being the owner(s) of the property in this application, have appointed
iPk. k Mf rrt as my/our representative agent. I/We have
a ho&zed him/her to do whatever is necessary to have this request considered
pV
favorably by the City of Apache Junction and agree that all correspondence relating
to this matter should be delivered to him/her.
PLEASE PRINT ,L?://1'
Sir�r,rrH k. (Pi
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Property Owner Name Signatu
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Stree(Address
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City,State,Zip Telephone
Property Owner Name Signature
Street Address
City,State,Zip Telephone
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Street Address
41-161.1 / it? i560 f 0.7z. 22-q, 1100
City,State, Zip Telephone
STATE OF ARIZONA) The foreg n 'nstrument s c owledged before
) SS me this day of ,20 1 5
Cor !4 i!.taty•ubl State of Arizona
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MyCommissionExeires Not Public
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['I ARC
atchitec_1ure iu design
Gold Drive Development
99 S. Gold Drive
Rezoning Application
Legal Description of Property
The East 190 8 feet of the North 660 feet of the West 700 feet of the following described property.
The East half of the West half of the Southwest quarter and the East half of the West half of the West
half of the Southwest quarter of Section 20, Township 1 North, Range 8 East, of the Gila and Salt River
Base and Meridian, Pinal County, Arizona;
Except any portion lying within US Highway 60
List All Improvements to Property
We are proposing a lot split for this property dividing the north-most acre from the remaining 1.617
acres.
The north portion of the parcel will be vacant for future development.
The south portion will be developed for 1 story 3,000sf medical office buildings, a total of 6 buildings
and related parking and site developments are proposed.
We are also including in our development,currently under discussion with the city engineer,the off-
site improvements like paving of Gold Drive, street lights, sidewalks, etc.
Reason for Rezoning Request
We would like to change the current zoning from the C-2, PD to C-3, PD The current Planned
Development has a plan for a two-story medical office building in the center of the site. We would like
to rezone the entire parcel, including both the proposed lot split parcels (north and south parcels),to
this new C-3, PD.
As part of our PD stipulations, we would like the exclude the following permitted uses and mark them
as non-permitted uses: Residential, Convenience Sales, Pawn Shop,Taxicab stand,Automotive and
Light Equipment, Gasoline Dispensing Stations, and Transient Habitation
Our main goal is to allow for business uses on the south property mainly in the medical and/or fitness
fields, and possibly retail or restaurant for the north property
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99 East Vuginia Avenue • Suite 1 75 Phoe-iix, AZ 85004 (P) 602 229 1 100 • (F) 602 229 1 101
PZ-6-13
This is a request by Superstition Springs Holdings, LLC, represented by Kyleigh
Merritt, for a rezoning of a 2.6-acres property, located at the southeast corner
of W. Apache Trail and S. Gold Drive, from C-2/PD (Local Commercial District by
Planned Development) to C-3/PD (General Commercial District by Planned
Development) for the purpose of developing a medical and office complex on
the south 1.6 acres of the property and reserving the north 1 acre of the
property for a future commercial use.
W. APACHE TRAIL
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Residential Zones: GR TH CR-3/PD
Commercial Zones: CB-2 C-3/PD
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ORDINANCE NO 1252
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA. AMENDING THE APACHE JUNCTION.
ARIZONA. ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT
MAP. CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING
DISTRICT CLASSIFICATION IN REZONING CASE PZ-10-05, A REQUEST
BY RANDALL MELANCON, ON BEHALF OF EFFIDEEN AMEERALLY, FROM GR
(GENERAL RURAL ZONE) AND CB-2 (GENERAL BUSINESS ZONE) TO
C-2/Pfl (tOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT)
REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR
SEVERABILITY
WHEREAS on September 28, 2005. the Apache Junction Planning and
Zoning Commission voted unanimously 7 to 0 to recommend approval of
rezoning request PZ-10-05 and
WHEREAS. the Commission s recommendation contained conditions
which the City Council hereby determines that the proposed rezoning
subject to the conditions set forth herein, enables the use and
integration of contemporary land planning principles in such a manner
to promote its most appropriate uses. and further allows
diversification in the relationship of various uses, structures, and
spaces. and
WHEREAS, the proposed rezoning conforms to all of the general
criteria as specified in Section 19 0109 of the Zoning Ordinance
including compliance with the General Plan, ensuring integration with
the surrounding neighborhood. adequate traffic accommodation adequate
public facilities infrastructure exists. and that the future design and
uses should result in enhancement to the social built and natural
environment in the City
SECTION I. IN GENERAL
The zoning district classification on the Zoning District Map City of
Apache Junction, Arizona for the parcel of land legally described as
The East 190 8 feet of the North 660 feet of the West 700
feet of the following described property
ORDINANCE NO 1252
PAGE IOF5
eS
The East half of the West half of the Southwest quarter AND
the East Half of the West half of the West Half of the South
west quarter of Section 20, Township 1 North, Range 8 East.
of the Gila and Salt River Base and Meridian, except any
portion lying within US Highway 60, also known as Pinal
County Assessor Parcel Number 101-16-0060
be and hereby is amended from GR (General Rural Zone) and CB-2 (General
Business Zone) to C-2/PD (Local Commercial District by Planned
Development) subject to the following stipulations
1 Any proposed use, site plan. landscape plan and
elevations for any future development on the
remaining portions of the 2 9 acre property not
proposed for development under building permit
number 8LO20O5-00654 shall be subject to a Planned
Development Major Amendment, pursuant to the
Apache Junction City Code, Volume II . Land
Development Code, Chapter 1, Zoning Ordinance.
Article 19 Planned Development Zoning District
2 Prior to any development the owner shall dedicate
and improve to the City Engineer's standards, any
necessary rights of way, both internal and external
to the site Said improvements may irclude, but are
not necessarily limited to, curbs gutters sidewalks
driveways, streetlights, and retention basins The
City Engineer may also require a recorded cross access
agreement between neighboring developments
3 Except as conditioned herein, all other standard
provisions of the C-2 zoning district apply to any
existing or future development including but not
limited to main building setbacks, site coverage and
building height.
4. The following are the only permitted uses for the
subject parcel •
A Residential residential uses are
prohibited
ORDINANCE NO 1252
PAGE 2 OF 5
B Civic permitted principal civic uses
in the C-1 and C-2 zoning districts
excluding specifically fire protection
services postal services, community
recreational , social or multi-purpose
'� facility, lodge, fraternal , and civic
assembly
C Commercial permitted principal
commercial uses in the C-1 , and C-2
zoning districts• excluding specifically
Pawn Shops Taxicab stands nursery and
green house
5 Any request for deviation from the recommended allowed
uses or design standards shall require the processing of
a major planned development amendment.
6 All development ohases shall contain pedestrian elements
including shaded walkways delineated pedestrian walks
in the parking areas and pedestrian linkages to Gold
Drive and Apache Trail Final designs shall comply with
the City of the Apache Junction Design Guidelines
7 Building elevations shall contain color tones and
palettes and architectural features consistent with
the City of the Apache Junction Design Guidelines
B The developer shall install an eight (8) foot tall masonry
wall along the eastern and southern property line of the
entire three(3) acre development site (Penal County Assessor
Parcel Number 101-16-006D).
9 Upon development of the northern one hundred forty five feet
(145 ) of the subject property the billboard encroaching
thereon must be brought into compliance with applicable
billboard regulations
10 All landscape plans must be prepared by an Arizona
Registered Landscape Architect
ORDINANCE NO 1252
PAGE 3 OF 5
11 For the development proposed under building permit number
BLD2005-00654, Section 16 0406(3) of the Zoning Ordinance
is modified to permit up to 9 000 square feet of floor area
and Section 16 0409(1)(a) of the Zoning Ordinance is
modified to reduce the required front yard setback from
twenty feet (20') to fifteen feet (15 ) �1
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed
SECTION III PROVIDING FOR SEVERABILITY
If any section sub-section. sentence, phrase clause or portion of
this ordinance. or any part of the code adopted herein by reference, )s
for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions thereof
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION. ARIZONA. THIS 15TH DAY OF NOVEMBER . 2005
SIGNED AND ATTESTED TO THIS 23RD DAY OF FEBRUARY . aft 2006.
DOUGLAS C' EMAN
Mayor
ATTEST
KATHLEEN CONNELLY J
City Clerk
ORDINANCE NO 1252
PAGE 4 OF 5
APPROVED AS TO FORM,
e:0 2: 9.06
RICHARD JOEL STERN
i•. City Attorney
ORDINANCE NO 1252
PAGE 5 OF 5
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= `.& City of Apache Junction, Arizona 300 E Superstition
Boulevard
g..t Agenda Item Cover Sheet Apache Junction AZ 85119
r .41
Agenda Item No 2
File ID: 13-389
Sponsor* Bryant Powell Agenda Date. 12/16/2013
Index Community Development In Control.City Council Work Session
Presentation and discussion on quarterly update on the Downtown Redevelopment and
Implementation Strategy (DRIS) The DRIS, adopted by the city council with the approval
of Resolution No 10-34, recommends specific goals and strategies geared toward
fostering revitalization in the downtown The resolution requires staff to provide a quarterly
update to the mayor and city council on the status of the items in the work plan, and any
suggested staff modifications thereto Presentation and discussion
Attachments.
.V
City of Apache Junction,Arizona Page 1 Printed on 12/10/2013
a
8-1')k;,, City, of Apache Junction, Arizona 300E Superstition
n Boulevard
t ,, .6 Agenda Item Cover Sheet Apache Junction,AZ 85119
,,,ez
Agenda Item No 3
10166l . P.
—
File ID: 13-394
Sponsor: Emile Schmid Agenda Date• 12/16/2013
Index: Community Infrastructure In Control. City Council Work Session
AM ilk
Presentation and discussion on Resolution No 13-40, a resolution of the mayor and city
council authorizing the city to enter into an intergovernmental agreement with Maricopa
County Department of Transportation for the design and installation of traffic signal
improvements at the intersection of Superstition Boulevard and Meridian Drive Presentation
and discussion.
Attachments: Res 13-40 Memo to Council pdf, Resolution No 13-40 pdf, Traffic Signal-University Meridian 11 1
.r
City of Apache Junction,Arizona Page 1 Printed on 12/10/2013
•pC1i
Public Works Department
Z�U z opliteteitezifunefic4v
Home of the Superstition Mountains
Date December 3, 2013
To. Mayor and Members of the City Council
Through. George Hoffman, City Manager
Giao Pham, P.E., Public Works Director
From: Emile Schmid, P E , City Engineer
Subject Intergovernmental Agreement with Maricopa County Department of
Transportation
Maricopa County Department of Transportation (MCDOT) performed a field investigation of the
existing traffic signal at Meridian Drive and Superstition Boulevard, and identified this location
as one needing improvements to the traffic signal MCDOT approached city staff with the
project with the hopes that the city would partner with MCDOT on the project
The total project cost is currently estimated to be $400,000. The County will be responsible
for seventy-five percent (75%) of the cost, and the City will be responsible for twenty-five
percent (25%) of the cost The County will act as lead agency for all aspects of the project,
including design and construction. The city will be invoiced for twenty-five percent (25%) of
the project cost not before July 1, 2014, and the remaining balance not before July 1, 2015. '^
The County will maintain ownership, operation, and maintenance of the traffic signal on
completion of the project
MCDOT and city staff developed the enclosed IGA for city council's consideration. This
agreement will allow the city to participate in upgrading an old traffic signal along a major
corridor and entrance to the city with the assistance of MCDOT funds
575 E Baseline Ave , Apache Junction AZ 85119
T (480) 982-1055 • F (480) 982-8005
RESOLUTION NO. 13-40
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY
DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND
INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE
,.a. INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE
WHEREAS, A.R.S. § 11-951 and 28-6701 et seq. authorize
Maricopa County (the "County" ) to layout, maintain, control and
manage public roads within the County; and
WHEREAS, A R S § 11-951 et seq authorizes public agencies
to enter into intergovernmental agreements for the provision of
services or for joint or cooperative action; and
WHEREAS, the County has requested that traffic signal
improvements at the intersection (the "Project" ) be installed
near a County owned intersection (the "Location" ) to upgrade an
old traffic signal at the Superstition Boulevard and Meridian
Drive intersection; and
WHEREAS, both the City and the County recognize that the
installation of the Project is beneficial to the traveling
public and area residents, and
WHEREAS, the cost for the future maintenance of the Project
will be the responsibility of the County, and
WHEREAS, the purpose of this Agreement is to identify and
.•. define both the City' s and the County' s respective obligations
and responsibilities concerning the installation and maintenance
of the Project
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS .
1) The Mayor and City Council approve the intergovernmental
agreement between the City and the County, attached hereto as
Attachment A, and the Mayor is hereby authorized to sign the
agreement on behalf of the City.
2) The City Manager or his designee is authorized and directed
to take all steps necessary to carry out the purpose and intent
of this resolution
RESOLUTION NO 13-40
Page 1 of 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
SIGNED AND ATTESTED TO THIS DAY OF , 2013
JOHN S . INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM
RICHARD J. STERN
City Attorney
RESOLUTION NO 13-40
Page 2 of 2
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION
FOR TRAFFIC SIGNAL IMPROVEMENTS, DESIGN AND INSTALLATION AT
THE INTERSECTION OF UNIVERSITY DRIVE AND MERIDIAN ROAD
(TT# 460)
(C-64-14- -M-00)
This Intergovernmental Agreement ("Agreement") is between the County of Maricopa, a
political subdivision of the State of Arizona ("County"), and the City of Apache Junction, an
Arizona municipal corporation ("City"). The County and City are collectively referred to as the
Parties or individually as a Party
This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors
STATUTORY AUTHORIZATION
1 A R S Section 11-251 and Sections 28-6701 et seq authorize the County to lay out,
maintain, control and manage public roads within the County
2. A R S Sections 11-951 et seq authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action
3 A.R.S. Section 9-240 and Sections 9-276 et seq authorize the City to lay out and
establish, regulate and improve streets within the City and to enter into this Agreement
BACKGROUND
4 Currently, the intersection at University Drive and Meridian Road is signalized A field
investigation performed by County identified the need to improve the traffic signals at
the intersection
5. It is anticipated that the County will initiate scoping and design of this is Project to
beginning in fiscal year 2014, with construction to be completed during fiscal year
2015
Page i of 8
6 The southwest corner of the intersection is in County right-of-way and the northeast
and southeast corner of the intersection is in the City's right-of-way. The northwest
corner is in the City of Mesa's jurisdictional boundary but has chosen not to participate
in the project The County maintains three of the four intersection legs, and the City
maintains one of the four intersection legs.
7 The total Project cost is currently estimated to be $400,000 The County will be
responsible for seventy-five percent (75%) of the cost, and the City will be responsible
for twenty-five percent (25%) of the cost.
PURPOSE OF THE AGREEMENT
8 The purpose of this Agreement is to identify and define the responsibilities of the County
and City for the Project, including cost sharing, design, construction and construction
management
TERMS OF THE AGREEMENT
9 Responsibilities of the County:
9 1 Act as the lead agency for all aspects of the Project
9.2 Coordinate with the City for all phases of the Project.
9 3 Provide to the City a set of final sealed plans and specifications.
9 4 Contribute seventy-five percent (75%) of the funding for the Project.
9 5 Design and construct the Project to County standards
9.6 Submit copies of the County's plan submittals to the City for review and
comment.
9 7 Assume responsibility for temporary traffic control during construction of the
Project.
9 8 Invoice the City for half of the twenty-five percent (25%) of the Project cost not
before July1, 2014 and invoice the City for the remaining balance not before
July 1, 2015
9 9 Retain ownership, operation and maintenance of the traffic signal on
completion of the Project.
9 10 Request no cost permits from the City for work done within the City's right-of-
way
10 Responsibilities of the City:
Page 2 of 8
10.1 Coordinate with the County for all phases of the Project
10 2 Contribute twenty-five percent (25%) of the funding for the Project.
10 3 Remit payment to the County for twenty-five percent (25%) of the Project cost
within thirty(30) days of receipt of an invoice from the County
Am. 10.4 Review the County's plan submittals and respond to the County with comments
within ten (10) working days of receipt.
10 5 Issue no cost permits to the County for work done within the City's right-of-way.
GENERAL TERMS AND CONDITIONS
11. By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will indemnify, defend and save the other Parties harmless, including any of
the Parties' departments, agencies, officers, employees, elected officials or agents, from
and against all loss, expense, damage or claim of any nature whatsoever which is
caused by any activity, condition or event arising out of the negligent performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement
By entering into this Agreement, each Party indemnifies the other against all liability,
losses and damages of any nature for or on account of any injuries or death of persons
or damages to or destruction of property arising out of or in any way connected with the
performance or nonperformance of this Agreement, except such injury or damage as
shall have been caused or contributed to by the negligence of that other Party The
damages which are the subject of this indemnity shall include but not be limited to the
damages incurred by any Party, its departments, agencies, officers, employees, elected
officials or agents. In the event of an action, the damages which are the subject of this
indemnity shall include costs, expenses of litigation and reasonable attorney's fees.
12. City and County each believe that the execution, delivery and performance of this
Agreement are in compliance with all applicable laws However, in the unlikely event that
any provision of this Agreement is declared void or unenforceable (or is construed as
requiring City or County to do any act in violation of any applicable laws, including any
constitutional provision, law, regulation, or City Code or County Ordinance), such
provision shall be deemed severed from this Agreement and this Agreement shall
otherwise remain in full force and effect, provided that this Agreement shall retroactively
be deemed reformed to the extent reasonably possible in such a manner so that the
reformed agreement (and any related agreements effective as of the same date) provide
essentially the same rights and benefits (economic and otherwise) to the Parties as if
such severance and reformation were not required Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver
all amendments, instruments and consents necessary to accomplish and to give effect
to the purposes of this Agreement, as reformed.
Page 3 of 8
13 Neither City nor County, as the case may be, shall be considered not to have performed
its obligations under this Agreement in the event of enforced delay (an "Enforced Delay")
due to causes beyond its control and without its fault or negligence or failure to comply
with Applicable Laws, including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of consultants or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to
bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike
or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of
eminent domain of any governmental body on behalf of any public entity, or a
declaration of moratorium or similar hiatus (whether permanent or temporary) by any
public entity directly affecting the Project In no event will Enforced Delay include any
delay resulting from unavailability for any reason of labor shortages, or the unavailability
for any reason of particular consultants, subconsultants, vendors or investors desired by
County in connection with the Project In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay, provided, however,
that the Party seeking the benefit of the provisions of this Section shall, within thirty (30)
calendar days after such Party knows or should know of any such Enforced Delay, first
notify the other Party of the specific delay in writing and claim the right to an extension
for the period of the Enforced Delay, and provided further that in no event shall a period
of Enforced Delay exceed ninety(90) calendar days
14 This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and remain in full force and effect until all stipulations
previously indicated have been satisfied except that it may be amended upon written
Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the
other Party with a written notice at least thirty (30) days prior to the effective termination
date
15 This Agreement shall be subject to the provisions of A R S Section 38-511.
16 The Parties warrant that they are in compliance with A R S Section 41-4401 and further
acknowledge that:
16 1 Any contractor or subcontractor who is contracted by a Party to perform
work on the Project shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. Section 23-214(A), and shall keep a record of the
verification for the duration of the employee's employment or at least three
years, whichever is longer
16.2 Any breach of the warranty, shall be deemed a material breach of the
contract contract that is subject to penalties up to and including termination
of the contract
Page 4 of 8
16 3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the
contractor or subcontractor is complying with the warranty above and that
the contractor agrees to make all papers and employment records of said
employee available during normal working hours in order to facilitate such
an inspection.
16 4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement
17 Each Party to this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement is suspended or debarred by any federal agency which has
provided funding that will be used in the Project described in this Agreement.
18. Each of the following shall constitute a material breach of this Agreement and an event
of default ("Default") hereunder A Party's failure to observe or perform any of the
material covenants, conditions or provisions of this Agreement to be observed or
performed by that Party ("Defaulting Party"), where such failure shall continue for a
period of thirty (30) days after the Defaulting Party receives written notice of such failure
from the non-defaulting party provided, however, that such failure shall not be a Default
if the Defaulting Party has commenced to cure the Default within such thirty (30) day
period and thereafter is diligently pursuing such cure to completion, but the total
aggregate cure period shall not exceed ninety (90) days unless the Parties agree in
writing that additional time is reasonably necessary under such circumstances to cure
such default In the event a Defaulting Party fails to perform any of its material
obligations under this Agreement and is in Default pursuant to this Section, the non-
defaulting party, at its option, may terminate this Agreement. Further, upon the
occurrence of any Default and at any time thereafter, the non-defaulting party may, but
shall not be required to, exercise any remedies now or hereafter available to it at law or
in equity
19 All notices required under this agreement to be given in writing shall be sent to
Mancopa County Department of Transportation
Attn: Intergovernmental Liaison
2901 W Durango Street
Phoenix, Arizona 85009
City of Apache Junction
Public Works Department
Attn• Giao Pham
300 E Superstition Boulevard
Apache Junction, Arizona 85119
Page 5 of 8
eAll notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified
or registered mail or U S Postal Service Express Mail, with postage prepaid, and shall
be deemed sufficiently given if served in a manner specified in this paragraph Either
Party may by written notice to the other specify a different address for notice Any notice
sent by registered or certified mail, return receipt requested, shall be deemed given on
the date of delivery shown on the receipt card, or if no delivery date is shown, the
postmark thereon If sent by regular mail, the notice shall be deemed given 72 hours
after the notice is addressed as required in this paragraph and mailed with postage
prepaid Notices delivered by United States Express Mail or overnight courier that
guarantee next day delivery shall be deemed given 24 hours after delivery of the notice
to the Postal Service or courier.
20 This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
21 This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
22 This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement
23 Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Apache Junction City Council in such fiscal year This Agreement
may be terminated by any Party at the end of any fiscal year due to non-appropriation of
funds.
24 This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors and assignees Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party
25. This Agreement and all Exhibits attached to this Agreement set forth all of the ...
covenants, promises, agreements, conditions and understandings between the Parties
to this Agreement, and there are no covenants, promises, agreements, conditions or
understandings, either oral or written, between the Parties other than as set forth in this
Agreement, and those agreements which are executed contemporaneously with this
Agreement. This Agreement shall be construed as a whole and in accordance with its
fair meaning and without regard to any presumption or other rule requiring construction
against the party drafting this Agreement This Agreement cannot be modified or
changed except by a written instrument executed by all of the Parties hereto Each party
has reviewed this Agreement and has had the opportunity to have it reviewed by legal
counsel
26 The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived
Page 6 of 8
27. Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law, but if any provision shall be invalid or
prohibited under the law, such provision shall be ineffective to the extent of such
prohibition or invalidation but shall not invalidate the remainder of such provision or the
remaining provisions.
28 Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the expiration
or earlier termination of this Agreement for a period of one (1) year
29. Nothing contained in this Agreement shall create any partnership, joint venture or other
agreement between the Parties hereto Except as expressly provided in this Agreement,
no term or provision of this Agreement is intended or shall be for the benefit of any
person or entity not a party to this Agreement, and no such other person or entity shall
have any right or cause of action under this Agreement.
30 Time is of the essence concerning this Agreement Unless otherwise specified in this
Agreement, the term "day" as used in this Agreement means calendar day If the date
for performance of any obligation under this Agreement or the last day of any time
period provided in this Agreement falls on a Saturday, Sunday or legal holiday, then the
date for performance or time period shall expire at the close of business on the first day
thereafter which is not a Saturday, Sunday or legal holiday
31. Sections and other headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this Agreement
32 This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute the same instrument. Faxed,
copied and scanned signatures are acceptable as original signatures
33 The Parties agree to execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fulfill the covenants and obligations to be
performed by such party pursuant to this Agreement
34. The Parties hereby agree that the venue for any claim arising out of or in any way
related to this Agreement shall be Mancopa County, Arizona
35 This Agreement shall be governed by the laws of the State of Arizona
36. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the Agreement.
End of Agreement- Signature Page Follows
Page 7 of 8
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement
MARICOPA COUNTY CITY OF APACHE JUNCTION
Recommended by: Recommended by:
John B. Hauskins, P E. Date George Hoffman Date
Transportation Director City Manager
Approved and Accepted by: Approved and Accepted by:
Andrew Kunasek, Chairman Date John Insalaco Date
Board of Supervisors Mayor
Attest by: Attest by:
Fran McCarroll Kathy Connelly
Clerk of the Board Date City Clerk Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the
Agreement to be in proper form and within the powers and authority granted to the Parties by
their respective governing bodies under the laws of the State of Arizona.
Deputy County Attorney Date City Attorney Date
Page 8 of 8
City of Apache Junction, Arizona 300 E Superstition
;,r Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 4
File ID: 13-393
Sponsor. Bryant Powell Agenda Date. 12/16/2013
Index. In Control City Council Work Session
Discussion on location and planning details regarding the April 12, 2014 city council and staff
strategic planning session Discussion only.
Attachments.
City of Apache Junction,Arizona Page 1 Printed on 12/10/2013
. E ``?:r City of Apache Junction, Arizona
�.a� 300 E Superstition
ra47 j Boulevard
>u Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 5
File ID: 13-402
Sponsor. Kathy Connelly Agenda Date• 12/16/2013
Index Local/State/Federal Statutory Requirement In Control City Council Work Session
Legal advertising agreement with Arizona Republic for January 1, 2014 through December
31, 2014 Discussion only.
Attachments.2014 az republic agreement
City of Apache Junction,Arizona Page 1 Printed on 12/10/2013
NOVEMBER 21, 2013
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH GEORGE R. HOFFMAN, CITY MANAGER
FROM KATHLEEN CONNELLY, CITY CLERK
SUBJECT LEGAL ADVERTISING AGREEMENT
(NEW BUSINESS ITEM FOR DECEMBER 17, 2013)
State law requires that we publish certain legal notices such as election matters, public
hearings, bids, etc (A R S § 39-204). The law further defines "newspaper" and prohibits
the use of publications that are designed primarily for advertising, free circulation or
circulation at nominal rates or do not have a bona fide list of paying subscribers (A.R.S. §
39-201). This statute prohibits the use of our two weekly papers The Mesa Tribune no
longer has paid subscribers or paid delivery within the city The Arizona Republic does
meet statutory requirements The rates are the same as they have been for the last three
years.
Mesa Republic - to $0.33 per line per day
Arizona Republic - to $0 80 per line per day
Attached is a copy of the legal advertising agreement and pertinent sections of state law.
Please let me know if you have any questions.
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