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HomeMy WebLinkAbout2020 08.04 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ -` �► Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,August 4,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 20-351 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-352 Consideration of approval of minutes of the regular meeting of July 21, 2020. Sponsors: Jennifer Pena Attachments: 07.21.20 Minutes 3. 20-375 Consideration of Resolution No. 20-28, committing local funds for Saguaro Drive Roadway Improvements as part of the FY20 CDBG Regional Account application to the Arizona Department of Housing. Sponsors: Larry Kirch Attachments: Resolution match 20-28 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Meeting Agenda August 4,2020 4. 20-353 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 5. 20-354 City Manager's Report. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 6. 20-369 Presentation, discussion, public hearing and consideration of Resolution No. 20-24 a resolution of the mayor and city council of the city of Apache Junction, Arizona, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". Sponsors: Joel Stern Attachments: Resolution 20-24 Ch 11 Noise 7. 20-371 Presentation, discussion, public hearing and consideration of Ordinance No. 1492 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; repealing any conflicting provisions; and declaring an emergency. Sponsors: Joel Stern Attachments: Memo to Staff Ordinance 1492 Chapter 11 Noise Decibel Chart CDC Noise Levels 2020 Amendments to Chapter 11 Noise 1988 Resolution I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 City Council Meeting Agenda August 4,2020 J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 8. 20-361 Presentation and discussion of Resolution 20-27 renewing the Old West Highway Redevelopment Area (Discussion Only). Sponsors: E'Lan Vallender Attachments: OWH-RA Final Resolution 20-27 Final 9. 20-356 Presentation and discussion for vacation of the dedicated Right-of-Way on the South half of the 33 foot Right-of-Way, located at 15th Avenue from Old West Highway to Wickiup Road, for the purpose of consolidating parcels for the development of the Apache Junction Office Warehouse. Sponsors: Raquel Schatz Attachments: Res 20-10 Council Memo Res 20-10 Resolution Combined 10. 20-357 Presentation and discussion on the extinguishment of a Federally Patent Easement extinguishment for the North half of the 33 foot easement, located at 15th Avenue from Old West Highway to Wickiup Road, for the purpose of consolidating parcels for the development of the Apache Junction Office Warehouse. Sponsors: Raquel Schatz Attachments: Res 20-09 Council Memo Res 20-09 Combined K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 11. 20-350 Presentation, discussion, and possible direction to staff on the implementation of the 2.5% step increase which was funded in the approved Fiscal Year 2020-2021 Final Budget. Sponsors: Jeff Serdy L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 20-355 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, August 17, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, August 18, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors. Bryant Powell City of Apache Junction,Arizona Page 3 Printed on 6/16/2026 City Council Meeting Agenda August 4,2020 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. PizoNr File ID: 20-351 Sponsor: Jennifer Pena Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 20-352 Sponsor: Jennifer Pena Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of July 21, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd 12�pr CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday,July 21,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the council meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Evans led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Larry Kirch, Development Services Director Thomas Kelly, Chief of Police Jill Bright, Deputy City Clerk City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes July 21,2020 D. CONSENT AGENDA Councilmember Barker moved,seconded by Vice Mayor Wilson to: -accept the consent agenda -approve the minutes of the special and regular meetings of July 7th and the special meeting of July 14th -approve the purchase of vehicles for Police, Parks and Recreation and Public Works departments consisting of four Ford F-150 Super Crew Trucks,three Ford Pursuit Explorers,one Ford Edge,one Ford F-250 truck and one Ford Explorer through the cooperative contract with the State of Arizona in the amount of$444,411 and a Gannon tractor utilizing the cooperative contract with Sourcewell in the amount of$106,000 and two Ford F-350 trucks through the cooperative contract with the State of Arizona in the amount of$90,000 with accessories not to exceed$15,000 -adopt Resolution No.20-25 authorizing the city to submit the Fiscal Year 2020 State Housing Fund application and Resolution No.20-26 committing local funds as matching funds 1. 20-336 Consideration of acceptance of agenda. 2. 20-337 Consideration of approval of minutes of the regular meeting of July 7, 2020. 3. 20-344 Consideration of approval of minutes of the special meeting of July 7 and July 14, 2020. 4. 20-330 Consideration of approval of the purchase of vehicles for the Police, Parks and Recreation and Public Works departments. Vehicles would consist of four replacement Ford F-150 Super Crew Trucks and three replacement Ford Pursuit Explorers for the Patrol Division of the Police Department; one replacement Ford Edge for the Administration Division of the Police Department; one replacement Ford F-250 Truck in the Animal Control Division of the Police Department; and one replacement Ford Explorer for the Parks and Recreation Department. Staff requests authorization to purchase the vehicles through the cooperative contract with the State of Arizona Contract# ADSP017-166117 in the amount of$444,411. Accessories are included in the price of the vehicles. Public Works department would consist of a replacement of one gannon tractor and two Ford F-350 Trucks. Staff requests authorization to purchase the gannon tractor through the cooperative contract with Sourcewell Contract #032119-JDC in the amount of$106,000 and two Ford F-350 Trucks through the cooperative contract with the State of Arizona Contract# ADSP017-166117 in the amount of$90,000. Accessories will not exceed $15,000. 5. 20-349 Consideration of Resolution No. 20-25, authorizing the city to submit a Fiscal Year 2020 State Housing Fund application, and Resolution No. 20-26 committing local funds as matching funds. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes July 21,2020 No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 20-347 Presentation of proclamation designating August as Child Support Awareness Month. Justine McDilda, Outreach Coordinator for Division of Child Support Services, will be present to accept the proclamation. Mayor Serdy proclaimed and presented the proclamation designating August as Child Support Awareness month to Justine McDilda, Outreach Coordinator for Division of Child Support Services. Ms. McDilda thanked council for their participation. F. ANNOUNCEMENT OF CURRENT EVENTS 7. 20-339 Announcement of current events from mayor and councilmembers. Mayor Serdy shared that the auction of the state land has been pushed back to October and reminded businesses and non profits to apply for Apache Junction CARES Act grant. G. CITY MANAGER'S REPORT 8. 20-338 City Manager's Report. City Manager Bryant Powell shared that the Apache Junction non profit and small business CARES Act grant program launched this morning. Applications can be found online and in city offices. He reports that the application has been downloaded 43 times and 6 business and 2 non profits have applied so far. Mr. Powell reminded the community to be prepared for the upcoming monsoon season and played a video of drainage improvements that Public Works staff has been working on at the Delaware Drive ditch. H. PUBLIC HEARINGS 9. 20-214 Consideration of application for a series 009 (liquor store) owner transfer liquor license application for Apache Mini Mart located at 2925 W. Superstition Boulevard. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Councilmember Evans moved,seconded by Vice Mayor Wilson that the application for a Series 9, liquor store license,owner transfer Liquor License application for Apache Mini Mart be recommended for approval to the Department of Liquor Licenses and Control. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena presented that the original application was received in April and there were numerous amendments that needed to be made. City Clerk staff received the amended application in June. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes July 21,2020 10. 20-289 Consideration of application for a second Class A Bingo License, for recreational and social purposes, for Rock Shadows RV Resort located at 600 S. Idaho Road in Apache Junction, Arizona. Representatives of Rock Shadows RV Resort are requesting council's approval of a second Class A Bingo License as their gross receipts exceed $15,600.00 per year therefore they need to hold two Class A Bingo Licenses. City Council recommendations will be forwarded to the Arizona Department of Revenue for their final action. Councilmember Barker moved,seconded by Councilmember Evans that the application for a second Class-A Bingo License for recreational and social purposes,for Rock Shadows RV Resort be recommended for approval to the Department of Revenue for final action. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena shared that Rock Shadows RV Resort currently holds a Class A license and is requesting a second license as they currently exceed the$15,600 threshold. I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 20-340 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, August 3, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, August 4, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Evans moved,seconded by Councilmember Barker that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday,August 3,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday,August 4,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard,Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC Darryl Cross, 1018 N Acacia Road, stated that the state liquor board came through and closed down several restaurants and bars. Mr. Cross believes many of them should not have been shut down. He is asking the city to take an official stance against these actions and ask the liquor board and Governor Ducey to review these actions. Braden Biggs, 2492 W. Cactus Wren, stated that the state liquor board recently shut down 4 or City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes July 21,2020 5 local bars and restaurants and he is here to represent those small businesses. Mr. Biggs mentioned The Hitching Post specifically has been shut down since last Thursday. He stated that the city is also losing money by these businesses being closed. Kelly Townsend shared her support of the council and business owners in Apache Junction. She asked the liquor board director what the difference between The Hitching Post and The Handlebar are. She mentioned that bars and restaurants were also closed down in Tombstone. She encourages council to write a letter and challenge the liquor board and Governor Ducey. Bryan Soller, 220 E 13th Avenue, is here to support the Apache Junction Police Department and Chief Kelly. He asked council to back the police officers and support their pay raise. They put their lives in danger every day and have been through a lot more during this pandemic and deserve this raise. Mayor Serdy responded that it was the liquor board who raided the restaurants and bars. He asked Matt Busby to get in contact with the League and see what their position is. He commended the police officers for their hard work. N. ADJOURNMENT Mayor Serdy adjourned the council meeting at 7:33 pm. ACCEPTED THIS DAY OF 12020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12020. JEFF SERDY Mayor ATTEST: JENNIFER PEIVA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. Piz File ID: 20-375 Sponsor: Larry Kirch Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Consideration of Resolution No. 20-28, committing local funds for Saguaro Drive Roadway Improvements as part of the FY20 CDBG Regional Account application to the Arizona Department of Housing. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL MATCHING FUNDS FOR FY 2020 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") REGIONAL ACCOUNT APPLICATION (S) . WHEREAS, the City of Apache Junction adopted Resolution No. 20-08 on April 21, 2020 which authorized submission of application (s) to the State of Arizona Department of Housing ("ADOH") for CDBG Regional Account Funding; and WHEREAS, the applications indicate $62, 181 will be committed by the City of Apache Junction as the city' s maximum matching funds, in the form of cash or resources to be used to complete the community projects; and WHEREAS, the CDBG Program requires all local matching funds/resources be committed in the form of a resolution by the governing body, and such commitment contain an opinion by the applicant ' s legal counsel that the maximum matching funds represent a binding commitment, legally enforceable under state laws . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION 1 : The mayor and city council hereby commit up to $62, 181 in FY20/21 General Government Grants and Subsidies funds and resources to the ADOH FY20 Regional Account CDBG Program, to be used for project costs, contingent upon the receipt of the grant assistance. SECTION 2 : The mayor and city council of the City of Apache Junction, Arizona, hereby find this commitment is legally binding based on the legal opinion of the city attorney, and such funds will be available for an audit at the termination of the grant, if so required by ADOH. RESOLUTION NO. 20-28 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-28 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.4. Piz File ID: 20-353 Sponsor: Jeff Serdy Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 20-354 Sponsor: Bryant Powell Agenda Date: 8/4/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.6. Piz File ID: 20-369 Sponsor: Joel Stern Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Resolution No. 20-24 a resolution of the mayor and city council of the city of Apache Junction, Arizona, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 11 : NOISE" . WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy are accessible on the city' s website and are filed in the office of the city clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes or public record include codes such as noise; and WHEREAS, it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : That certain document entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11 : Noise", at least three paper copies or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk which document is declared to be a public record of the City of Apache Junction, Arizona, is also hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor RESOLUTION NO. 20-24 PAGE 1 OF 2 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-24 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 7. �Piz ON* File ID: 20-371 Sponsor: Joel Stern Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No. 1492 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; repealing any conflicting provisions; and declaring an emergency. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: August 3, 2020 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: DRAFT NOISE REGULATIONS; OUR FILE NO. 20-025 Attached is the draft noise regulations everyone has been patiently waiting for, but first, the following historical trajectory, should be understood: • March 16, 2020: A councilmember at a work session came forward with what his concept was of a draft noise ordinance advocating that there should be one location in the city code where the city's noise regulations appear and noise levels should be enforced using only decibel measurements as per Pinal County's model, thereby taking out the subjectivity of a complaint. • June 2, 2020: The matter was brought back to council with a delay of two and a half months for direction to staff due to the effect of COVID-19. The council directed staff 7:0 to create and bring back on August 3rd a proposed ordinance consolidating in one place noise-related city code provisions as well as a study on the use of decibel meters from other organizations to regulate noise levels. • July 6, 2020: Council clarified its June 2nd direction to staff at a work session by asking staff to now officially model the noise ordinance after Pinal County's which includes decibel measurements as the enforcement tool but still also include the various existing city code noise provisions in one central place in the code. Based on the development of these discussions, attached is staff's recommended working copy of the proposed noise regulations. This draft was sent out to pertinent staff in other departments for comments on two different occasions. The draft does exactly as council directed and later clarified. The draft includes yellow shading for provisions that were taken from the Pinal County model; blue shading for current city code noise provisions; and green shading for city codes from other cities and towns. Please keep in mind there may have been some minor clerical corrections/tailoring that was needed in these provisions that do not show as redlines in order for more efficient flow and format. For a clearer implementation of the ordinance, council needs to decide whether it wants to simply reference certain existing AJCC noise provisions, repeat them in this code, amend them or just repeal them. I have placed a red question mark (?) next to these provisions in the draft. Compliance with the sound levels is always the goal, not punishment for violating the code, thus the investigation of complaints process is more detailed than in most noise compliance regulations. Also for your consideration is a chart that compares decibel levels for different activities. I have for your information attached copies of A.R.S. § 13-2917 (public nuisance Arizona statute) as well as A.R.S. § 13-2904 (disorderly conduct Arizona statute) since these provisions also regulate noise without decibel levels required to establish a violation. This matter is set for work session discussion on August 3, 2020 and possible approval on August 4, 2020 or August 18, 2020 if another night is needed to fully consider. Because council has decided the implementation of this code is time sensitive, the passage of the ordinance includes an emergency provision which will result in immediate effectiveness (if passed by a vote of 6:1). R. Joel Stern City Attorney Attachments 2 13-2917. Public nuisance; abatement; classification A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything: 1. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons. 2. To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway. B. It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene as defined in section 13-3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following: 1. Any building used as a private or public elementary or high school. 2. Any public park. 3. Any residence district as defined in section 28-101. C. The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section. D. Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor. 13-2904. Disorderly conduct; classification A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: 1. Engages in fighting, violent or seriously disruptive behavior; or 2. Makes unreasonable noise; or 3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or 4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or 5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or 6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument. B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor. ORDINANCE NO. 1492 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY ADDING NEW CHAPTER 11 : NOISE, AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2020 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11 : NOISE"; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; AND DECLARING AN EMERGENCY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") §§ 9-240 and 9-276 allows cities to enact regulations regarding noise; and WHEREAS, on June 2, 2020 and on July 6, 2020, council directed staff and clarified its, direction respectively, to create a comprehensive noise ordinance to include decibel measurements; and WHEREAS, a work session on August 3, 2020 and a public hearing on August 4, 2020 were held to discuss the proposed noise regulations; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy of the code or public record are filed in the office of the city clerk of the municipality and are made available for public use and inspection. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That new Chapter 11 : Noise, be created within existing Apache Junction City Code, Vol . I . (currently Chapter 11 is reserved) . 2 . That certain document known as "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11 : Noise", at least three paper copies or one paper copy and one electronic copy of which are accessible on the city' s website and filed ORDINANCE NO. 1492 PAGE 1 OF 3 in the office of the city clerk, which document was made a public record by Resolution No . 20-24 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. SECTION III PROVIDING FOR PENALTIES Any violation of any provision of this ordinance, or any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Vol . I, Chapter 1 : GENERAL, Article 1-1 : General, Section 1-1-11 . SECTION IV REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION V DECLARING AN EMERGENCY The immediate operation of the provisions of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency shall be in full force and effect from and after its passage, adoption and approval by the Mayor and City Council of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ORDINANCE NO. 1492 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1492 PAGE 3 OF 3 DECIBEL SCALE 14o dB Threshold . Fireworks 13o dB jet Engine 12o dB siren no & Trombone too dB Helicopter go dB Hair Dryer So dB Very Loud Truck 7o dBMMMMff___ Car -:19 0.; 6o dB 1kVTTM-FTrTr.TeMM1, Conversation 5o dE Refrigerator 4o dB Rain 3o dB Rustle of Leaves J O aodB Whisper "t 10 dB BreathrUA o dB NOISE LEVELS BY DECIBELS PrecisionPneumatic Chain Saw Hammer Drill 114 Spray Pa inter- 1 Hand Drm • NIOSH Recommended Exposure Limit 85 l4ormal Conversation • 1 Whisper1 JMsseav/� //1 2Q0 / � �=ha=ll=tiwre�. CPtxm • THE CENTER FOR CONSTRUCTION f Ottupational Sak and Nea/th �,�,1` III//f/���©� RESEARCH AND TRAINING �fbbdYa Sources: NIOSH Noise Meter http://www.cdc.gov/niosh/topics/noise/noisemeter_htm1/hp98.htm1 NIOSH Power Tools Data Base http://wwwn.cdc.gov/niosh-sound-vibration/ DRAFT 7/28/20 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER II: NOISE 2020 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 11: NOISE Sections 11-1-1: Introduction 11-1-2: Applicability 11-1-3: Authority and Purpose 11-1-4: Excessive Noise Violation 11-1-5: Definitions 11-1-6: Sound Level Measurement Criteria 11-1-7: Acts or Conditions Declared as Excessive Noises 11-1-8: Investigation 11-1-9: Exemptions 11-I-10: Persons Responsible for Noise Violations 11-1-11: Penalty § 11-1-1: INTRODUCTION (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) Within reason certain noise levels must be tolerated by all citizens within the city limits of Apache Junction for normal functions of the city to continue. Children playing, construction equipment, barking dogs, amplified musical instruments, trash trucks, airplanes and loud parties are all examples of noise found within our community. However,the policy of the City of Apache Junction prohibits any noises that are detrimental to the health, safety and welfare of the citizens of Apache Junction and are subject to regulation, such as: A. Occur after 10:00 p.m. but before 6:00 a.m. B. Any activities that produce any loud, excessive, unusual or unnecessary disruptive and/or annoying noises. C. Disturbs the peace and quiet of a residential zoned property or a reasonable person of normal sensibilities. § 11-1-2: APPLICABILITY (PINAL COUNTY) This chapter shall apply to areas within the incorporated city limits. § 11-1-3: AUTHORITY AND PURPOSE (PINAL COUNTY) This chapter is hereby adopted under the authority granted to the council in A.R.S. §§ 9-240(13) and 9-276(16) for the purpose of regulating excessive noises. It is hereby declared to be the policy of the city to prohibit any noise which exceeds the decibel levels set out in this chapter. At and above certain levels, such noises are unreasonable, excessive and detrimental to the health and welfare of the residents of the city, and it is in the best interest of the residents of the city that such excessive noises be systematically eliminated. § 11-1-4: EXCESSIVE NOISE VIOLATION (PINAL COUNTY) It shall be unlawful and a violation of this chapter for any person to knowingly and/or intentionally make, continue, or cause to be made or continue any noise exceeding the decibel limits referenced in this chapter. § 11-1-5: DEFINITIONS (PINAL COUNTY) The following words,terms and phrases,when used in this chapter, shall have the meanings noted below: A-weighted sound pressure level: the sound pressure level as measured with a sound level meter using the A-weighting network(the standard notation is "dB(A)" or"dBA"). Commercial property: any property occupied by a business, store or shop and zoned for such purpose. Decibel ("dB'): a unit for measuring the volume of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Emergency vehicle: vehicles of the fire, medical, police, public safety and public works departments and legally authorized vehicles of state departments or any political subdivisions thereof and vehicles of public service corporations,water and sewer districts. 3 Emergency work: any work performed to prevent or alleviate physical trauma or property damage threatened or caused by an emergency which has or may result in a disruption of service and which is necessary to protect the health, safety and welfare of persons or property. Excessive noise: any sound measured according to the criteria set forth in this chapter which exceeds the levels reflected in the dB Tables. Gross vehicle weight rating ("GVWR'): the value specified by the manufacturer as the recommended maximum loaded weight of a single-motor vehicle. In cases where trailers and tractors are separable,the gross combination weight rating("GCWR"),which is the value specified by the manufacturer as the recommended maximum loaded weight of the combination vehicle, shall be used. Industrial property: any property occupied by land uses whose primary operation involves manufacturing, assembling, processing or otherwise treating raw materials, semi-finished products, or finished products for packaging and distribution to either wholesale or retail markets and zoned for such purpose. Legal holiday: those holidays so designated by the city in its personnel rules. LEQ (equivalent sound level): the constant level that over a given period transmits to the receiver the same amount of acoustic energy as the actual time-elapsed sound. Motor vehicle: every self-propelled device in,upon, or by which any person or property is, or may be,transported upon a public highway,excepting devices used exclusively upon stationary rails or tracks and aircraft. Muffler: a device for abating the sound of escaping gases from an internal combustion engine. Noise: See Sound pressure level. Property line: the line which represents the legal limits of real property(including a single family residence, apartment, condominium, room or other dwelling unit) owned, leased or otherwise a occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the property line shall be the nearest boundary of the public right-of-way. Residential property: any property, the dominant use of which is non-transient occupancy of residential dwelling units and zoned for such purpose. Site-specific source of sound: a source of sound which originates from a property even though the specific source of the sound generation may be mobile. Sound: temporal and spatial oscillation in pressure, particle displacement, particle velocity, or other physical parameter in a medium with internal forces that causes progressively alternative 3 compression and rare fraction of that medium and which propagates at finite speed to distant points and can evoke an auditory sensation. Sound level meter: an instrument which includes a microphone, amplifier, root mean square ("RMS") detector, integrator or time averager, output meter, and weighting networks used to measure sound pressure levels. Sound pressure: the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. Sound pressure level: 20 times the logarithm to the base ten of the ratio of RMS sound pressure to the reference pressure of 20 micropascals(20 x 10-N/m). The sound pressure level is denoted"Lp" or"SPL" and is expressed in decibels. Street: a way, existing or proposed, for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway, freeway, road, roadway, boulevard, avenue, lane, alley, easement,place, or however otherwise designated. Street, collector: a street, existing or proposed, collecting traffic from local streets, and connecting the same with a major street, or another collector street. Street, local or minor: a street, existing or proposed, exclusively or primarily providing access and utilities to abutting properties. Street, major: such major street,highway,thoroughfare,parkway or boulevard and all section lines so designated on the county comprehensive plan. § 11-1-6: SOUND LEVEL MEASUREMENT CRITERIA (PINAL COUNTY) For the purpose of enforcement of the provisions of this chapter,noise levels shall be measured on the A-weighted scale with a sound level meter satisfying at least the applicable requirement for • Type 22 sound level meters as defined in American National Standard S 1.4-1971 or the most recent revisions thereof. Prior to measurement,the meter shall be set for slow response speed, except that for rapidly varying sound levels, fast response speed may be used. Prior to measurement,the meter shall be calibrated according to the manufacturer's specifications. § 11-1-7:ACTS OR CONDITIONS DECLARED AS EXCESSIVE NOISES(PINAL COUNTY) The following enumerated acts or conditions are subject to the decibel levels set forth in this chapter: A) Land use noise. 1) Classification of use districts(residential, rural, commercial, industrial). Zoning district classifications shall be as set out in the city zoning ordinance and shall, for purposes of this 4 section, be distinguishable as residential, commercial, rural and industrial land use classifications,within which sound levels of Table 1 below shall be locally measurable and applied by the use of LEQ levels as defined in this chapter and measured in accordance with the methods set forth in this chapter for purposes of evaluating an alleged violation of this chapter. 2) Violations. It shall be unlawful and a violation of this section for any person to operate or to permit to be operated any site-specific source of noise which when measured at any point at the property line where the noise emission originates [100 feet from the source?]: a) Creates a sound level in excess of its ambient LEQ limit, indicated in Table 1 below: TABLE 1. SOUND LEVELS FOR LAND USE DISTRICTS ZONING DISTRICT CLASSIFICATION LEQ LIMITS, dBA (Residential) RS-20, RS-20M, RS-10, RS-10M, RS-7, 60 dBA (7:00 a.m. 8 p.m.); RS-7M, RS-5, RM-1, RM-2, RM-3, MHP, RVP, MPC 55 dBA (8:00 p.m. 7:00 a.m.) (Commercial or Business) B-1, B-2, B-3 65 dBA (7:00 a.m. 10:00 p.m.); 60 dBA (10:00 p.m. —7:00 a.m.) (Industrial) B-4, B-5 70 dBA (7:00 a.m. 10:00 p.m.); 65 dBA (10:00 p.m. 7:00 a.m.) (Rural) RS-GR, RS-54, RS-54M 65 dBA (7:00 a.m. 9:00 p.m.); 60 dBA (9:00 p.m. 7:00 a.m.) The LEQ limits specified above in Table 1 are LEQ for a two-minute time interval. Partial LEQ levels may be obtained as necessary to ensure an accurate indication of the representative sound environment for the site. b) Sound projected from property within one zoning district into property within another zoning district of a lesser sound level limit shall not exceed such lesser sound level limit. B) Vehicle noise. 1) Offensive use of motor vehicles. (APACHE JUNCTION) (AJCC, Ch. 10, § 10-1-25) '? It is unlawful and a public nuisance to operate or drive any motor vehicle, motorcycle, • mini-bike, trail bike, dune buggy, motorscooter or other form of motorized transportation on or across any real property situated in the city, other than on a street or highway, if the operation of such motor vehicle, motorcycle, mini-bike, trail bike, dune buggy, motorscooter or other form of motorized transportation causes the residents of the immediate neighborhood to be subjected to offensive, excessive, unusual or unreasonable noise. '� 2)Noise limits. No person shall operate either a motor vehicle or combination of vehicles • at any time upon any street or paved surface or under any condition of grade, load, 5 acceleration,or deceleration in such a manner as to exceed the noise limits in Table 2 below for the category of motor vehicle, based on a distance of 50 feet from the center of the street, paved surface, or from the actual motor vehicle or combination of vehicles: TABLE 2. SOUND LEVELS FOR MOTOR VEHICLES (MEASURED AT 50 FEET) OPERATED ON A OPERATED ON A VEHICLE CLASS LOCAL STREET PAVED SURFACE OR MAJOR STREET Motor vehicles with a manufacturer's GVWR or GCWR of 10,000 pounds or more or any 86 dBA 90 dBA combination of vehicles towed by such motor vehicle. Any other motor vehicle or any combination 76 dBA 82 dBA of vehicles towed by any such motor vehicle. Motorcycles, mini-bike, etc. operated upon 82 dBA 86 dBA the public streets, roads, or highways. 3) Vehicle repairs. It shall be unlawful for any person within any residential area of the city to repair, rebuild, or test any motor vehicle between the hours of 8:00 p.m. of one day and 7:00 a.m. of the next day in such a manner as to create an excessive noise pursuant to Table 1. 4) Mufflers. No person shall operate or cause to operate any motor vehicle unless the exhaust system of such vehicle is: a) equipped with a muffler; b) free from defects which may cause sound level violations; and c)not modified in a manner which will amplify or increase the sound level emitted by the motor of such vehicle above the sound levels provided for in Table 2. d) (APACHE JUNCTION) (AJCC, Ch. 10, § 10-1-12(B)) It is unlawful for any person to operate a motor vehicle which shall not at all times be equipped with a muffler upon the exhaust thereof in good working order and in constant operation • to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cut-out,by-pass or similar muffler elimination appliance. 5) Motorized skateboards. General Operating Restrictions. (APACHE JUNCTION) (AJCC, Ch. 10, § 10-7-4) a) No person under the age of 12 shall operate a motorized skateboard. 6 b) No person shall operate a motorized skateboard at a speed greater than is reasonable and prudent under the circumstances or in excess of the posted speed limit. c) In order to cross a sidewalk, bicycle path, bicycle lane or multi-use path, a person operating a motorized skateboard shall yield the right-of-way to all other users. d) No person operating a motorized skateboard shall allow passengers to ride on the motorized skateboard when the motorized skateboard is in operation or in motion. e) No person operating or riding upon a motorized skateboard shall attach themselves or the motorized skateboard in any manner to any other vehicle. f) No person shall operate a motorized skateboard while carrying any package, bundle or article if carrying the object prevents the operator from keeping both hands upon the steering mechanism at all times. g) No person operating a motorized skateboard shall: transport extra fuel in a separate container on the motorized skateboard; or attach a separate container with fuel to the operator's person; or alter the fuel reservoir on the motorized skateboard from the original manufacturer's design. h) No person shall operate a motorized skateboard in a manner causing excessive, unnecessary or offensive noise that disturbs the peace and quiet of any • neighborhood or that would annoy a reasonable person. i) No person shall operate a motorized skateboard that has been structurally altered from the original manufacturer's design. 6) Sound amplification systems in vehicles. (APACHE JUNCTION) (AJCC, Ch. 10, § • 10-2-1 to §10-2-4) a)Sound amplification system: any device,instrument or system,whether electrical or mechanical or otherwise, for amplifying sound or for producing or reproducing sound, including but not limited to any radio stereo, musical instrument, phonograph or sound or musical recorder or player. b) Except as authorized by law, no person shall operate or permit the operation of any sound amplification system in or on a vehicle which can be heard outside the vehicle from 50 or more feet above the levels noted in Table 2 unless the system is being operated to request assistance of an emergency nature or to warn of a hazardous situation. 7 c)The decibel levels in Table 2 shall not apply to an authorized emergency vehicle, a vehicle operated by a gas/electric/communications/water utility company, a vehicle operated by a governmental entity, or a vehicle used in a parade or in a political or other special event permitted by the city. d) This chapter is enacted for the purpose of protecting the health, safety and welfare of the citizens; to avoid distractions of drivers on the streets and to avoid traffic congestion. e)To prohibit artificial sound noises from interfering with the lawful rights of other persons and from constituting a hazard to motorists and pedestrians. Q Loud radios and sound sets. (PINAL COUNTY) • 1) It shall be unlawful for any person, including the owner or manager of any business, to operate or permit to be operated any radio receiving set, phonograph, musical instrument, and sound-producing mechanism, at any time in such a manner as to permit the same to be heard at a distance of more than 125 feet from the property line or motor vehicle where such radio receiving set, phonograph, and/or sound-producing mechanism is located. ? 2) (APACHE JUNCTION)(AJCC, Ch. 10, § 10-1-12(A)) It is hereby declared to be a public nuisance and it is unlawful for any person, firm or corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store or any place of public amusement, entertainment or accommodation, to play or permit to be play, eny music or musical instrument or instruments whether played by individuals, orchestra, radio, phonograph, music box or other mechanical device or means in such a loud or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and quiet or otherwise interfere with or annoy the comfortable enjoyment of life or property of any considerable number of persons in the neighborhood and is no less a nuisance because the extent of the annoyance inflicted is unequal. D) Construction of buildings and other projects. (PINAL COUNTY) • 1) Noise limitations. It shall be unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction-type device except within the time periods specified in subsection (b) of this section unless an appropriate permit has been obtained beforehand from the city. 2) Construction start/stop times. (PINAL COUNTY) • a) Concrete work. From April 15 to October 15, inclusive, concrete may be poured ? each day between the hours of 5:00 a.m. and 7:00 p.m. or at such other times as authorized by permit. From October 16 to April 14, inclusive, concrete may be poured each day between the hours of 6:00 a.m. to 7:00 p.m. or at such times as authorized by permit. 8 b) Other type construction (residential property/zoning districts listed in Table 1. From April 15 to October 15, inclusive, all other construction or repair work shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. each day, in or within 500 feet of a residential property, or at such other times as authorized by permit. From October 16 to April 14, inclusive, all other construction or repair work shall not begin prior to 7:00 a.m. and must be stopped by 7:00 p.m. each day, in or within 500 feet of a residential property, or at such other times as authorized by permit. c) Other type construction (nonresidential property). Construction and repair work in nonresidential areas, not within 500 feet of a residential property, shall not begin prior to 5:00 a.m. and must stop by 7:00 p.m. or at such other times as authorized by permit from April 15 to October 15. d) Weekends and holidays excluded. Notwithstanding anything to the contrary herein, construction or repair work shall not begin prior to 7:00 a.m. and must stop by 7:00 p.m., and concrete pouring shall not begin prior to 6:00 a.m. and must stop by 7:00 p.m. on any, Saturday, Sunday or legal holiday, unless such other times are authorized by permit. 3)Permits required; considerations for issuance; exception. (PINAL COUNTY) a) Construction and repair work may be conducted at different times and at higher noise levels than otherwise permitted if, upon written application, a permit is obtained beforehand from the development services director or his designee. The permit shall be kept on the work site and shown to city officials on request. In granting such permit, the development services director or designee shall consider if. 1) Construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime because of different population levels or different neighboring activities; 2) Obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; 3) The kind of work to be performed emits noises at such a low level as not to cause significant disturbance in the vicinity of the work site; 4)The neighborhood of the proposed work site is of such a character wherein sleep could be disturbed; if great economic hardship would occur if the work was spread over a longer time; 5) The work will abate or prevent hazards to life or property; 6)Proposed early morning or night work is in the general public interest; and 9 7) The director shall prescribe such conditions, working times, types of construction equipment to be used, and permissible noise emissions as deemed to be required in the public interest. b) No permit shall be required to perform emergency work as defined in this chapter. 4)Revocation of permits. The development services director or designee may revoke any permit granted hereunder upon complaint based upon substantial evidence that the construction activity caused significant disturbance in the vicinity of the work site. 5) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(C)) It is hereby declared to be a public • nuisance and is unlawful for any person, firm or corporation to engage in construction activities as delineated below,within the corporate limits of the city, during the prohibited times set forth in section (6) below, when those activities result in the generation of mechanically or electrically created noise that can be heard by a person with normal hearing within a residential building, the windows of which are closed, if the building is located within 500 feet of the construction site. Construction activities include, but are not limited to, the following: a) The making of an excavation, clearing of surface land and loading or unloading material, equipment or supplies; and b) The operation of mechanically powered tools, including but not limited to, a cement mixer, pole driver, power shovel, pneumatic hammer, derrick or power hoist. 6) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(D)) The prohibited time periods for • construction activity are as follows: a) Before 5:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time, Monday through Friday from April 15 to October 15; b) Before 6:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time, Monday through Friday during the remainder of the year; and c) Before 7:00 a.m. Arizona State Time and after 5:00 p.m. Arizona State Time on Saturdays and Sundays throughout the year and holidays recognized by the city. 7) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(E)) The following activities shall be • excluded from such prohibition: a)Noise generated by work being performed by a resident of a building or structure, which may continue until 9:00 p.m., but may not begin earlier than the times set forth in section(6) above; and 10 b)Noise resulting from an emergency, including but not limited to,repair of roofs, windows, doors and electrical, plumbing and mechanical equipment. An emergency means any situation where work must be performed in order to prevent serious physical injury to persons or property. 8) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(F)) The construction activities noted in section (7)(b) above may be conducted at prohibited times, if upon written application, a permit is obtained before the activities commence, from the city manager or a designee. The written application must contain information which demonstrated that the need to engage in the activity is an urgent necessity, and barring the activity would constitute an unreasonable hardship on the applicant. a) If the city manager or a designee determines that granting of the permit would impair the public health, safety and welfare, the permit shall be denied. If determined otherwise, the permit shall be granted and the construction activity allowed to take place during any or all of the prohibited hours. b) In determining whether to grant the permit, the city manager or a designee shall balance the hardship to the applicant against the adverse impact on the health,safety and welfare of the persons most likely affected, the adverse impact on the property affected and any other adverse effects of granting the permit. c) Permits shall be granted by giving written notice to the applicant with any necessary conditions, including a time limit on the permitted activity, which in no case shall exceed 30 days. The permit shall not become effective until all conditions are communicated in writing, understood and agreed upon by the applicant. Noncompliance with any condition in the permit shall be grounds for revocation of the permit. An applicant may appeal the refusal to issue a permit or the revocation of a permit to the council, who has the final authority to grant, refuse or revoke a permit. 9) (APACHE JUNCTION)(AJCC, Ch. 10-1-12(G)) Violation of any provision of sections (5) through (8) above is a misdemeanor and is punishable pursuant to Vol. I, § 1- 1-11. E) Small wireless facilities ("SWF") in the right-of-way ("ROW') use restrictions. (APACHE JUNCTION) (AJCC, Ch. 13, Article 13-4, Appendix B Wireless Facilities Standard Terms and Conditions) 1) A provider's use and occupation of the use areas shall in all respects conform to the following provision: Except during construction permitted under this agreement and for burglar alarms and other safety devices, outdoor loud speakers, sirens or other devices for making noise are prohibited. All equipment shall be operated so that sound coming therefrom does not exceed the ambient noise levels set forth below at the boundary of the street parcel and cannot be heard at the closer of. i) the exterior boundary of the street 11 ap rcel; or ii) two hundred feet (200) outside the boundary of the street parcel. The preceding sentence does not apply to use of normal, properly maintained construction equipment used as permitted by an approved agreement, to infrequent use of equipment that is as quiet or quieter than a typical well maintained gasoline powered passenger automobile, to use of an air conditioning unit that is no noisier than a typical well maintained residential air conditioning unit. a) (APACHE JUNCTION)(AJCC,Ch. 13, § 13-14-1(F)(17)) At no time shall equipment noise from any facility exceed an exterior noise level of 65 dBA three ? feet from the source of the noise if the facility is located in the ROW adjacent to a business or industrial zone. Any facility located within 500 feet of any rural or residential zone, or a residential or school use, shall not exceed 55 dBA three feet from the source of the noise. b) (APACHE JUNCTION)(AJCC, Ch. 13, § 13-14-1(F)(19)) Consistent with ? current federal laws, at the time of modification of SWF, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise, and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities. F)Home based occupations. (APACHE JUNCTION)(AJCC,Vol.II, Ch. 1,§ 1-6-6(G)) Indoor • operation. The home occupation shall be conducted indoors and shall not produce a noise, odor, vibration, glare or light that is noticeable beyond the property line for single-family zoning districts,beyond the adjoining walls for multi-family zoniniz districts or beyond the unit spaces of manufactured home and trailer parks, as determined by the director or designee. G) Equestrian activities and uses. (APACHE JUNCTION)(AJCC, Vol. II, Ch. 1, § 1-6- • 7(D)(10)) Related events. Social events and parties shall be subject to the same noise, parking, traffic and health and safety regulations applied to other residential properties within the city. H) Airports and helipads. (APACHE JUNCTION)(AJCC, Ch. 1, Vol. II, § 1-6-14) Permit • required. Airports, airstrips, landing areas and helipads shall be permitted only as a CUP as provided in table 5-1 and table 5-3 (see Vol. II, §§, 1-5-1 and 1-5-3). The Planning and Zoning Commission and/or City Council may require conditions of approval to protect the public's interest in controlling noise,vibration,glare, light,runway protection zones, over flight areas, fumes, dust, fuel particles, crash hazards. These conditions of approval shall apply to the take-off and landing of any contrivance,now known or hereafter invented,for use or designed for navigation of or flight in the air, including helicopters, fixed-wing aircraft and gliders and lighter-than-air vehicles such as hot air balloons, blimps and dirigibles. 1)Alternative energy structures and equipment. (APACHE JUNCTION)(AJCC, Ch. 1, Vol. II, • § 1-6-16(B)(5)) Environmental Standards. Alternate energy production facilities shall comply with state and federal environmental standards regarding emissions, public health, noise and safety. 12 J) General site development regulation. (APACHE JUNCTION)(APACHE JUNCTION) (AJCC, Vol. I, Ch. 8, § 8-1-5(D)) Associated facilities. Back-up power generators shall comply a with the setbacks of the zoning districts and city's noise standards as outlined in the Apache Junction City Code. K) Temporary use of structures. (APACHE JUNCTION)(AJCC, Vol. II, Ch. 1, § 1-6- 23(11)(2)(f))No unreasonable noise impact,public or private disturbances or nuisances shall occur or be permitted to continue as determined by the zoning administrator. L) Conditional usepermits. (APACHE JUNCTION)(AJCC,Vol.II,Ch. 1: Zoning Ordinance, Article 1-16: Administration, §1-16-12: Conditional Use Permits, Administrative Use Permits and Building Permits.)A CUP may be granted upon finding by the council that the use covered by the permit,the manner of its conduct and any structure involved will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood or to the public welfare in general. The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. In arriving at the above determination,the council shall consider but not be limited to the negative impact arising from the emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare. § 11-1-8: INVESTIGATION(STAFF, COUNTY AND OTHER JURISDICTIONS) (STAFF VERSION) A) The police department is authorized to investigate noise complaints and shall do so using only decibel measurements pursuant to this chapter and not by subjective (individual opinion or experience) data, but rather objective (impartial decibel levels). The individual authorized under this chapter will be a police officer and after receiving a complaint, shall take a decibel measurement upon arrival from the complainant's property line/front door/backyard/patio/social gathering area(100 feet from the source?): 1) If the maximum decibel level is higher than allowed in this chapter, the police officer shall immediately contact the owner or manager of the offending property and verbally warn them to reduce the noise. The warning will be documented in the police department's CAD system or by department report. The complainant will be informed that a warning has been issued. 2) If the maximum decibel levels are subsequently violated after the first warning has been provided,the officer shall issue a citation to the offending party. A citation may be issued to a property owner or manager, with a date to appear in court. If the property owner or manager cannot be cited, is evading personal service of the citation, or refuses to sign the citation, the police officer shall document the reason and shall submit the case to the prosecutor for long form complaint review who shall determine whether a violation occurred and if so, shall file a formal charging complaint with the court. 3)No warnings will be provided for subsequent violations. 13 4)Anonymous complainants will not be accepted or acted upon. A complaining party must leave a name, address and phone number in order for the police department to investigate further. 5) It shall be unlawful for any person to misrepresent or give any false or inaccurate information or in any way attempt to deceive a city staff member in order to avoid compliance with the provisions of this chapter. (SEDONA) (ALTERNATIVE LANGUAGE) A) Complaint processing. After receiving a noise complaint from a complainant, an individual authorized under this chapter shall measure the noise level with such measurements being made where the complainant's peace and quiet was disturbed. The authorized individual shall determine a per se noise violation has occurred when the decibel levels at the complainant's location exceed the maximum decibel levels set forth in Table 1. (FOUNTAIN HILLS) B) A) A law enforcement agent shall command any person violating this section to abate his or her violation. It is unlawful for any person to fail to comply with an order of a law enforcement agent regarding a noise violation. Each violation of the order of a law enforcement agent under this chapter shall constitute a separate offense of this section. (MARANA) C) It shall be unlawful for any person to hinder, obstruct, delay, resist, prevent or in any way interfere, or attempt to interfere, with any authorized person while in the performance of their duties under this chapter. (SEDONA) § 11-1-9: EXEMPTIONS (PINAL COUNTY & APACHE JUNCTION) The sound levels set forth in this chapter shall not apply to the following noise sources: 1) Heating and cooling equipment when it is functioning in accordance with the manufacturer's specifications and is in proper operating condition; 2) Landscape maintenance equipment, when it is functioning in accordance with the manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition; 3)Non-amplified crowd noises resulting from activities such as athletic,musical or cultural activities or events planned by schools, governmental or community groups, or organized sports, except for such noises generated at restaurants, bars, inns, or resorts of any kind; 4)Noises of safety signals, warning devices and emergency pressure relief valves; 5) Noises resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency; 14 6)Noises resulting from emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster;to restore public utilities; or to protect persons or property from an imminent danger; 7)Noises from a religious institution's percussion instruments; 8) Power plant equipment during normal operation; 9)Noise created by any city vehicle, equipment or facility while being operated for official use; 10) Any aircraft operated in conformity with, or pursuant to, federal law, federal air regulations or air traffic control instructions issued pursuant to or within duly adopted federal air regulations, together with any noise created by aircraft operated under, or pursuant to, declaration of an emergency under federal air regulations; 11) Any special event as approved by the council including but not limited to parades, concerts, festivals, fairs or similar activities; 12) Legal fireworks on Independence Day and New Year's Eve are allowed until 11:00 p.m. (SEDONA); 13) Activities, including commercial activity, which is permitted under the zoning code, conditional use permit or development agreement; 14) Animal noises: (APACHE JUNCTION) (AJCC, Ch. 6, §§ 6-1-1, 6-1-3(A), 6-1-3 (B), 6-1-3 (C), 6-1-7(E), 6-1-8(E), 6-9-2(A), 6-9-2(B)) a) General Public Nuisance. An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons; when investigating public nuisance allegations, the Enforcement Officer shall take into consideration all factors that support any such allegations, including but not limited to: distances in which the complaining parties live from the offensive premises,number of complaining witnesses,number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and the offending party. b) Barking. It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals that habitually bark,howl, yelp, squeal, shriek or make any other sounds that disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a considerable number of persons. When investigating public nuisance allegations, the Enforcement Officer shall take into consideration all factors that support any such allegations, including but not limited to: distances that the complaining parties live from the offensive premises, number 15 of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and the offending party. c) Procedure. Before an Enforcement Officer cites any person for an animal noise nuisance under division(A) above, the complaining party and the alleged offender must first agree to participate in a civil hearing process administered by the City Manager. The City Manager shall appoint three city residents who shall convene to hear the complainant's allegation against the offending party. The Arizona Rules of Evidence shall not apply to these proceedings. The panel shall allow both the complainant and the alleged offender to state their side and shall allow any evidence the panel deems helpful in deciding whether there has been a violation of division (A). The panel shall make the determination within 5 calendar days after the hearing, and shall make its findings in writing, signed by all three panel members. The City Manager shall send the written determination to the Enforcement Officer, the complaining party and the alleged offender. d)Penalty—Post Hearing Panel. There is no monetary penalty in a finding against the alleged offender. However, the Enforcement Officer shall monitor the alleged offender's property for additional violations. Should the Enforcement Officer have probable cause through written witness statements that the noise has continued,and it interferes with the reasonable use and enjoyment of the complaining party's property and in what manner, the Enforcement Officer shall prepare a class 1 misdemeanor noise citation and serve it on the offender. The violation shall be prosecuted by the City Attorney's office. If found guilty of a violation of division (A) or if the offender pleads guilty, the court shall impose a fine of no less than $1,000, 12 months summary probation and 30 calendar days suspended jail sentence. The court may also impose other penalties as it deems fit, including but not limited to, the requirement the defendant use anti-barking devices on the animal. e) Commercial Kennel Noise. The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition. f) Personal Kennel Noise. The permittee shall operate the personal dog kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition.The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the dogs. Sufficient height and strength will be determined by an Enforcement Officer,based on the size of the dog being confined. g) General Penalty. A fourth violation of the same code provision in this chapter occurring within 24 months of the first violation shall be filed in the criminal division of the municipal court as a class 1 misdemeanor by the City Attorney's 16 office by long form complaint,or the Enforcement Officer by direct citation,which minimum fine shall be$1,000 and a maximum fine of$2,500,a minimum probation period of 12 months and a maximum of 36 months, a minimum jail suspended sentence of 30 days or a maximum of 180 calendar days, and other provisions that the court has jurisdiction to impose, such as applicable, court-imposed penalties, assessments, an order for forfeiture and destruction of an animal, and other court or probation fees. The court shall treat subsequent and successive civil judgments in the same manner as prior criminal convictions are concerned insofar as the elevated fines noted above are to be applied. The court has no discretion to lower these penalties and shall sentence the individual to at least the minimum sentences noted above. However, unless otherwise set forth in this chapter, violations of the following code provisions,whenever committed, single incident or repetitive, shall always be handled as criminal class 1 misdemeanors with the above-noted minimum class 1 misdemeanor penalties. h) Penalty. Notwithstanding the above code provisions, the City Attorney's office has the discretion to reduce a misdemeanor to a civil violation in the interest of justice. 15) Squealingtires.ires. (APACHE JUNCTION) (AJCC. Ch. 12, § 12-2-15(A) & (B)) No • person shall intentionally operate any vehicle at such a speed on a curve, straight-of-way or turn, or accelerate or decelerate such vehicle in such a manner as to create loud and unreasonable noise through the squealing of tires upon the pavement, or to cause damage to the roadway, or to cause the surface of the roadway to be displaced in any manner including throwing dirt, gravel, stone or other roadway surface or material upon the surface into the air. No person shall violate any of the provisions above while upon the surface of any parking lot or parking space of any public place; 16) Construction, repair, remodeling, demolition, drilling, landscape maintenance, • landscaping, lawn or yard work,wood cutting, including crafts and hobbies, or excavation work conducted between 6:00 a.m. through 8:00 p.m. Mondays through Fridays. Also, a person may engage in or allow such activities at that person's residence between 6:00 a.m. and 8:00 p.m. on Saturdays or Sundays. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) • 17) Unruly gathering. Allowing or causing any malicious or willful shouting, yelling, screaming or any other form of raucous vocalization by a person or group of people on any private or public property including property used to conduct business in a manner which disturbs the peace and quiet of a neighborhood or a reasonable person of normal sensibilities. Unruly gathering can be pursued as disorderly conduct under A.R.S. § 13- 2904. (CHANDLER/MESA) 18) Abatement of unruly gathering. A peace officer may abate an unruly gathering by • reasonable means including but not limited to citation and/or order dispersal of the persons attending the gathering. Unruly gathering can be pursued as disorderly conduct under A.R.S. § 13-2904. (MESA) 17 § 11-1-10: PERSONS RESPONSIBLE FOR NOISE VIOLATIONS (PINETOP) A) The business, enterprise, person or persons creating the noise, involved in the activity or operating the equipment which creates the noise shall be responsible or liable for a violation of this chapter. B) The business, enterprise, owner, lessee, tenant, occupant or other possessor of the property on which the noise is created or the activity or operation creating the noise is located also shall be responsible for a violation of this chapter. § 11-1-11: PENALTY A) A violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and any person who violates any of the provisions of this chapter is subject to being prosecuted for a class 1 misdemeanor offense. Each day a violation continues or exists shall be considered a separate offense subject to punishment as a separate class 1 misdemeanor.In addition, a violation of this chapter may be pursued at the discretion of the prosecuting attorney as a civil infraction with fines of up to $750.00. Each day of a continuing violation is a separate violation for the purpose of imposing a separate penalty. The city prosecutor, code compliance manager, or any adjacent or neighboring property owner who shall be damaged by the violation of any provision of this chapter, in addition to other remedies provided by law, may institute injunctive, abatement or any other appropriate relief or proceedings to prevent or abate this type of public nuisance. (PINAL COUNTY) B) Any person or persons making a complaint on a residential or commercial property where no short form citation or long form summons and complaint has been issued after the third instance, the person or persons making the complaint may be subject to an administrative fee of two hundred fifty dollars ($250.00). In the event of an anonymous complainant from the same residence or commercial property, if no citation or long form summons and complaint is issued after the third instance, it will be at the discretion of the chief of police or commander to not respond or follow up to the call. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) D) Any person who shall violate any of the provisions of this Chapter or the City of Apache Junction Code as amended herein shall be guilty of a civil infraction. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) E. The penalty for a person found responsible for a first violation shall receive a warning; a mandatory minimum fine of two hundred and fifty dollars ($250.00) for a second violation; and a mandatory minimum fine of five hundred dollars ($500.00) for a third or subsequent violation. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) F. The Court may, in its own discretion, grant cost recovery for law enforcement services and/or establish a surcharge. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) 18 G. Each subsequent violation shall be a separate offense, punishable as hereinabove described. (FROM ORIGINAL PRESENTATION JURISDICTION UNKNOWN) 19 r Mr. Da Vee stated that the alternative funding was a recommendation of the Council to the Alliance which changed the original proposal and resulted in shaving about $5,000 of Apache Junction cost originally proposed, and has been agreed to by the other governmental agencies. Councilman Damiano MOVED THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR PARTICIPATION BY THE CITY IN A SOLID WASTE MANAGEMENT STUDY, BE ACCEPTED AS PRESENTED; AND THAT THE CITY MANAGER BE AUTHORIZED TO EXPEND FUNDS AND PARTICIPATE ACCORDINGLY AS OUTLINED IN THE AGREEMENT. motion. Councilwoman Perkins seconded the VOTE: Unanimous The motion carried. PROPOSED RESOLUTION NO. 88-41, DECLARING AS A PUBLIC RECORD THE CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY ) ) Mr. Da Vee explained that this Complaint Processing Policy outlines what information the employee needs to obtain and what information he needs to give to the complaintant, and that the overall working of this policy will eliminate a necessity for citizens to call back to find out the outcome of their complaint. Councilman Uamiano MOVED THAT RESOLUTION NO. 88-41, DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY, BE APPROVED AND ADOPTED. motion. Councilman Connolly seconded the VOTE: Unanimous The motion carried. COUNCIL DIRECTION TO STAFF ON PROPOSED CITY LEGISLATION OR ACTION: DIRECTION ON RECRUITMENT FOR CITY MANAGER POSITION Councilman Burgess pointed out that with the issues coming up in the near future such as Home Rule, it is important REGULAR MEETING OF THE CITY COUNCIL JANUARY 3, 1988 PAGE 10 RESOLUTION NO. 88-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING AS CITY POLICY THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED CITY OF APACHE JUNCTION, ARJZONA, COMPLAINT PROCESSING POLICY. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: That certain document entitled, City of Aoache Junction, Arizona, Complaint Processing Policy, three copies of which are on file with the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be public record and official City policy and said copies are hereby ordered to remain in file with the office of the City Clerk. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4TH DAY OF JANUARY 1989. SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY 1989. 0 MAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DA I - ALEXAN City Attorney Resolution No. 88-41 Page One of One CITY OF APACHE JUNCTION, ARIZONA, COMPLAINT PROCESSING POLICY Purme: The purpose of this policy is to provide for the fair, efficient, and uniform treatment of complaints made to the City of Apache Junction, Citizen Complaints In General: When an employee receives a citizen complaint, the following actions shall Occur: I. The complaint shall be directed as soon as is feasible to the employee responsible for working with citizen complaints. L. The investigating employee shall obtain all pertinent facts; e.g., dates, time of day, location, identity of participants, and so forth. 3. The investigating employee shall advise the complainant that the complainant's name will not be used in the processing of the complaint. The name, address, and telephone number, of the caller should be obtained for purposes of followup. If the complainant wishes to remain anonymous, he or she should be advised that the complaint will be processed on the basis of the information given. The complainant should be advised that if preliminary investigation does not substantiate the complaint, and the complainant does not call within one week so that the investigating employee can obtain additional information, the case will be closed. If the caller wishes to be advised about the outcome, it will be up to him or her to call the employee. The Investigating employee should indicate when resolution could reasonably be expected 4. Preliminary information available from City files, other sources, or drive-by inspection should be obtained and reviewed by the investigating employee prior to formal notice or inquiry of citizens or property owners alleged to be parties or participants to or in the complaint. If preliminary information reviewed does not support the allegation of code violation or wrong-doing, the Investigating employee should contact the caller for more information, if the complainant is anonymous and does not call within one week, the case should then closed. S. If, after review of preliminary information available, drive-bys or other preliminary investigative procedure are supported, the investigating employee shall initiate formal notice, issue appropriate citatfon(s), or pursue other administrative action supported by the Code. The investigating employee should make a cal i to the complainant advising him or her of the corrective measures being taken and the anticipated date of conclusion. In the case of anonymous complainants, such followup is only possible when the complainant contacts the investigating employee. Citizen Complaints About an Employee: Complaints about employees shall be handled by the City Managers Office. When an employee receives a complaint about a City Employee, the following steps shall occur: 1. The employee shall notify his/her department director. 2, The department director shall notify as soon as is feasible the City Managers office. 3. If the City Manager or the City Manager's designee deems the complaint to be noncriminal in nature, the City Manager will Initiate an internal investigation, followed by possible personnel action. 4. 1f the City Manager or the City Manager's designee deems the complaint to be criminal in nature, the case will be coordinated with the appropriate law enforcement agencies, followed by possible personnel action Questions Concerning the Processing of Citizen m lai ts: Questions concerning this policy should be directed to the City Manager or the City Manager's designee. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. '+'Piz File ID: 20-361 Sponsor: E'Lan Vallender Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Presentation and discussion of Resolution 20-27 renewing the Old West Highway Redevelopment Area (Discussion Only). City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 Old West Highway Redevelopment Area Improvement Plan City of Apache Junction May 2018 Table of Contents A. Description of Redevelopment Area 1 . Project Area Boundaries 2 . Existing Land Use 3 . Existing Property Conditions B. Plan Objectives 1 . Redevelopment Objectives 2 . Additional Social, Economic, and Environmental Objective 3 . Functional Objectives 4 . Design Objectives 5 . Program and Process Objectives C. General Land Use and Development Plan 1 . Land Use Map D. Proposed Redevelopment Actions 1 . Continuing Planning and Administration 2 . Technical Assistance and Counseling 3 . Provision of Public Services 4 . Funding and Economic Development 5 . Preparation of Land for Redevelopment 6 . Rehabilitation of Structures 7 . Removal or Installation of Public Improvements and Facilities E . Management and Implementation of the Redevelopment Plan 1 . Activities to be undertaken by the City 2 . Plan Activities Budget 3 . Project and Action Proposal Review 4 . Financing 5 . Statement of the Proposed Method of Financing the Redevelopment Project F. Other Provisions Necessary to Meet State and Local Requirements 1 . Boundaries, Existing Uses and Conditions, General Land Use plan and information 2 . Statement of the Proposed Changes, if any, in Zoning Ordinances or Maps, Street Layouts, Street Levels or Grades, Building Codes, and Ordinances 3 . Statement as to the Kind and Number of Site Improvements and Additional Public Utilities which will be Required to Support the New Land Uses in the Area After Redevelopment 4 . A Statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area 5 . A Statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment area and the estimated proceeds or revenues from its disposal to redevelopers G. Procedures for Amending or Supplementing this General Plan H. Exhibits II A. DESCRIPTION OF REDEVELOPMENT AREA 1 . Project Area Boundaries a) The project area boundaries are generally described as including the area bounded on the south by Old West Highway, the north by Superstition Boulevard, the west by Ironwood Road, and the east by Wickiup Road. EXHIBIT TWO, PROJECT AREA BOUNDARIES MAP, indicates the precise boundaries . 2 . Existing Land Use a) Land use in the project area is show in in EXHIBIT FOUR, EXISTING LAND USE . 3 . Existing Property Conditions a) The condition of existing structures in the project area is shown in EXHIBIT FIVE, EXISTING PROPERTY CONDITIONS . B. PLAN OBJECTIVES The following objectives are established for the further development and improvement of the Old West Highway - Redevelopment Area ("OWH-RA") . These should be pursued through a wide variety of public and private actions, and include objectives in several categories, as follows : 1 . Redevelopment Objectives a) Preserve and create an environment within the project area which will contribute to the health, safety, and general welfare of the city and preserve the value of the properties within, and adjacent to, the area. b) Eliminate substandard and obsolete buildings, blighting influences, and environmental deficiencies which detract from the functional unity, aesthetic appearance, and economic welfare of this important area of the city. c) Provide for the orderly physical and economic growth of the project area. d) Assemble land into parcels functionally compatible, with respect to shape and size, for disposition and redevelopment in accordance with contemporary development needs and standards . 1 e) Provide safe, efficient, and attractive circulation systems which minimize conflicts between different forms of traffic such as pedestrians, bicycles, equestrian, automobiles, transit, and service vehicles . f) Provide safe, efficient, and attractive vehicular access to the project area from major regional highways, from neighborhoods and communities throughout the region and from other major centers of business and employment. g) Encourage and assist in the provision of an increased supply of good, market-rate housing in a suitable living environment. h) Assure the provision of public services and facilities adequate to meet the needs of the project area, the city and the region. 2 . Additional Social, Economic, and Environmental Objectives a) Strengthen the basic attractiveness, efficiency, and effectiveness of the economy of the city. b) Increase and improve the range, variety, and quality of economic goods and services available to both residents and visitors . c) Increase and improve the quality and accessibility of employment opportunities in the city. d) Strengthen the tax base of the city and the fiscal condition of public agencies serving the city. e) Make efficient use of existing and future public investments, and institutional facilities and services in the project area. f) Provide a hospitable and secure environment for private investment, thus maximizing opportunities for such investment . g) Assure fair and equitable access by all persons to the facilities, services, and opportunities of the city. h) Encourage and assist in the conservation and effective use of energy, water, land, and other scarce and valuable resources . i) Create a sense of community and neighborhood within the project area to enhance its attractiveness as a place in which to live, work, and play. 2 j ) Help build a sense of regional identity and community. k) Encourage high standards for the quality of visual, audio, air, and water characteristics of the area in the design of the environment. 1) Maximize opportunities to create a safe environment. 3 . Functional Objectives The OWH-RA should be developed to serve the following functions : a) A major symbol of the quality, prosperity, character, and values of people and businesses throughout the entire city, region and state . b) Safe, convenient, market-rate, attractive housing for persons who need and desire a residential environment which can enhance and benefit from proximity to the business and cultural activity of this area. c) City and/or regional government functions of the county, state, and federal governments . d) City and/or regional service financial, cultural, entertainment, health and related institutions and offices . e) Support services to maintain an attractive community for housing and for other basic functions . The following functions apply specifically and only to the Downtown Core ("DTC") : f) An attractive recreational and community space. Place-making design and activities including: a robust center of personal communications, a place where people meet face-to-face to exchange news, information, ideas, goods, services, culture, and entertainment. Activities which depend on, or which create, face-to-face contact (retail stores, meetings and conferences, entertainment, cultural performances or exhibits, and businesses requiring frequent contact between individuals) should be especially encouraged. g) Those activities in the region which are few of a kind and those which require a central 3 location or proximity to other central area activities in order to operate efficiently. 4 . Design Objectives In order to strengthen the desired functions of the project area in an efficient and attractive arrangement, the following design principles and objectives should govern the development: a) Land Use Overall Objectives 1 . Provide adequate space and a hospitable environment for every activity and function appropriate and desired within the project area. Special attention should be given to being conscious of impacts on neighboring properties, both residential and commercial . 2 . Group-related and compatible functions in compact centers or areas to make efficient use of space; to facilitate desirable and necessary interaction, and to minimize negative impacts on nearby neighborhoods . 3 . Arrange centers, or groupings of activities, to facilitate access to the area, to minimize conflicts between functions, and to provide adequate room for expansion and the provision of parking and other needed services . Principles 1 . Design and build each center or grouping of activities to meet the special functional requirements of each, and to help implement and enhance area-wide systems for vehicular, pedestrian, equestrian, and bicyclist movement, open space, and other desirable and needed services . 2 . Assure that existing and new developments are coordinated and integrated both aesthetically and functionally to the fullest extent possible, not only within the 4 redevelopment area but also for land uses adjacent to the area. b) Transportation Overall Objectives 1 . Accessibility. There is no alternative to the goal of accessibility for the project area; it must be possible for people who desire to work or obtain services or merchandise in the area to get to it conveniently, quickly, and economically. 2 . Internal Movement. Good internal circulation for pedestrians, equestrians, bicyclists and vehicles should be provided. Conflicting forms of traffic should be separated to the fullest extent possible. Principles 1 . Vehicular Access. Efficient and direct vehicular access to the project area should be provided from the entire metropolitan region, especially from major employment and residential concentrations and from interregional transportation facilities such as interstate highways . 2 . Circulation. The system surface streets should facilitate movement within the area and minimize conflicts between different forms of movements, such as pedestrians, automobiles, bicycles, transit, and service vehicles . The system should be easily comprehended and should accommodate traffic demands well into the future. 3 . Parking. Parking facilities, including those for bicyclists, van and carpools, and motorcyclists, in the project area should be located and planned carefully so that traffic on the adjacent street system will not be disrupted by parking activities . c) Pedestrian and Open Space Overall Objectives 5 1 . Provide the highest possible levels of opportunity and amenity for the pedestrian movement throughout the project area, especially in the most densely occupied activity areas . 2 . Provide a variety of open space areas to enhance the environment of the project area and to meet the needs for recreation, public assembly, pedestrian movement, the creation and enrichment of appearance and image qualities, the buffering of traffic and other conflicts, and the amelioration of the climatic conditions and the conservation of energy. Principles The open space/pedestrian system should be based upon the following principles : 1 . Multiple-Choice. The system should provide multiple opportunities for moving to and from destinations . 2 . Active. The system should be associated with active land uses which encourage multi-purpose and spontaneous movements . 3 . Safety. The system should provide a sense of safety. 4 . The open space/pedestrian system should provide opportunities for movement, both within the redevelopment area and from the redevelopment area to other destinations . 5 . The open space/pedestrian system should be developed so that pedestrian movement can be an end in itself, as well as a means to reach destinations . 6 . The open space/pedestrian system should clearly differentiate among public, semi- public, and private space. 7 . The intended uses of space created within the system should be easily understood by the users . 8 . The open space/pedestrian system should utilize building interiors as opportunities for through-movement and special functions . 9 . The system should be linked to an overall community open space system. 6 10 . The system should help to express the regional character of the Apache Junction area. 11 . The system should be developed to eliminate as many pedestrian/auto conflicts as possible. 12 . The system should be developed sequentially to permit concentrations of resources on critical project areas . In addition to the principles above, the following principles apply specifically and only to the open space/pedestrian system in the DTC: 1 . Fine-Grained and Compact. The system should permit and facilitate the movement of pedestrians among all properties . 2 . Comfortable. The system should provide for pedestrian comfort based upon seasonal climate changes . 3 . Human-scale. The system should include spatial and design qualities that enhance the feeling that the pedestrian is walking, sitting, or otherwise occupying a space especially designed for those activities . Appearance Overall Objectives In all matters of the design and location of physical features in or relating to the project area, the effects of such features on the appearance of the area should be taken into account so as to create the most stimulating and attractive environment possible. Four goals are pertinent: 1 . It should have unity. The basic design and layout of the project area should express the unity of the area both as a whole and with regard to its major parts . A sense of order should underlie the variety of functions and activities within the area and provide a framework for them. 2 . It should have variety. Consistent with other stated objectives, the layout and 7 details of the project area should be such as to make the area as interesting and varied as possible. 3 . It should reflect high standards of appearance, incorporating new concepts of building design, landscaping, lighting treatment, and sign control . In addition to the aforementioned goals, the following goal applies specifically and only to the DTC: 4 . The area should be distinctive. Those aspects which can help to clearly distinguish the project area from non- central areas and from other cities should be encouraged and developed. Principles The development of the project areas should be accomplished by adherence to the following principles : 1 . Focal points and open spaces. A series of strategically located focal points and open spaces should be developed. This should provide a basis for the siting and orientation of buildings which will create pedestrian activity within the area, adding to its interest helping create an air of excitement. 2 . Pavements, street furniture, and landscaping. Streets, alleys, pedestrian ways and open spaces, including their pavements, furniture and landscaping planting, should be functional and attractive. 3 . Signs. In determining the location, design, and control of signs, the primary concern should be efficient communication of necessary information. Signs should contribute to, not detract from, an improved appearance. 4 . Lighting. Lighting should be skillfully designed to respect the functions of various streets and activity centers . It 8 should accent features of special importance. 5 . Building fagades. In the construction of new buildings and the remodeling of individual existing buildings, high design standards should be employed. Fagades of new or remodeled structures should be compatible with those of adjacent buildings or building groups . 6 . Historic Qualities and Features. To the extent possible, the development of the project area should retain and encourage the region' s historic significance through the careful preservation and restoration of appropriate buildings and landmarks . In addition to the aforementioned principles, the following principle applies specifically and only to the DTC: 1 . The skyline. A distinctive, interesting and attractive skyline, symbolizing the vitality and unity of the central area, should serve as a major point of orientation to the people of the city and the region. 5 . Program and Process Objectives The methods and processes by which functional, design, and other objectives are achieved are as important as these objectives themselves . Thus, the following process and program objectives should be pursued: a) Assure that all development actions within the project area are in reasonable accord with, and help to achieve, the objectives of this plan by utilizing a development review process . b) Eliminate all delays, requirements, and costs which are not necessary or important to the achievement of the objectives of this plan. c) Expedite efforts to undertake projects which will help implement the plan by actively assisting in land assembly, the coordination of various required public and private actions, and the obtaining of required public approvals . 9 C . GENERAL LAND-USE AND DEVELOPMENT PLAN 1 . Land Use Map EXHIBIT THREE THE GENERAL LAND USE PLAN 2010 indicates five functional land use and development districts . These five land use districts are as follows : a) Community Commercial - commercial activities appropriately located along major arterial within the OWH-RA. b) Mixed-Use - combination of residential, commercial (professional office and retail) and recreational land uses . Contemporary principles of planning suggest that mixed-use development provides a popular, marketable, environmentally friendly, and economically viable alternative to single use land planning. c) Public/Institutional - This land use includes governmental, school district and private utility properties that accommodate institutional facilities . d) Low Density Residential - residential units on 1 .25 acre lots . e) Medium Density Residential - maximum of 6 residential units per acre. The functional land use and development districts are distinguished by the basic activities which are performed within their boundaries, the anticipated intensity of development, and provisions for automobile parking and automobile and pedestrian movement. Further refinement and detailing of the land use map should be accomplished in the administration of this plan, through the project proposal and implementation process, and through revision and refinement of the city' s General Plan for Apache Junction. This plan should be used as a guide for the development and review of specific project proposals . D. PROPOSED REDEVELOPMENT ACTIONS The city shall take the actions necessary to achieve the objectives of this plan. The redevelopment actions available to the city shall include, but not be limited to, the following: 10 1 . Continuing Planning and Administration The city shall continue efforts to assess and respond to changed conditions, needs, and desires of residents and property owners . This planning effort may result in the publication from time to time of reports, regulations, guidelines, plans, project proposals, work papers, or other documents which aid in achieving the objectives of this plan. In addition, the city may hold public meetings to elicit information on the public needs and desires for the project area. The city may also participate in planning efforts with other public and private interests to accomplish the objectives of this plan. The city shall coordinate planning and implementation activities and bring zoning and other regulations and plans for public facilities into conformance with the plan. 2 . Technical Assistance and Counseling The city may aid in the preparation and/or coordination of development proposals with other agencies on a formal and informal basis and prepare informational documents which aid in the achievement of the objectives of this plan. 3 . Provision of Public Services The city shall provide the highest available levels of public services throughout the redevelopment project area. These services may include public safety, parks and recreation facilities, and public works . In addition, the city shall take administrative actions which expedite the review of and action on development proposals . 4 . Funding and Economic Development The city shall actively pursue all possible sources of funding for the achievement of plan objectives . This may include, but shall not be limited to: bond issues, loans, grants, general fund expenditures, special assessments, participation in federal programs, county and state assistance, joint exercises with other units of government, cooperation and coordination in joint development mixed-use projects with private and public 11 agents, sale of property or services, revenue financing, tax abatement and other benefits, solicitation of developer offerings, and other authorized and legal actions . The city may engage in special economic development actions within the project area. It may package development proposals and coordinate and solicit such proposals . The city may provide technical assistance to businesses willing to locate within the project area. The city will establish a Single Central Business District ("SCBD") . The SCBD is a proven tool, understood by developers, that gives the city the ability to leverage low land costs and improvements to maximize future value and potential to the city through the use of Government Property Lease Excise Tax ("GPLET") . 5 . Preparation of Land for Redevelopment The City shall undertake a variety of actions to prepare land for redevelopment. These may include : a) Acquisition Purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, any real or personal property or any interest therein, together with any improvements thereon, necessary or incidental to achievement of plan objectives . b) Clearance and Land Preparation Hold, improve, clear or prepare for redevelopment any such property. c) Disposition Sell, lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, or otherwise encumber or dispose any real or personal property or any interest therein. 12 d) Contracts Enter into contracts with redevelopers of property containing covenants, restrictions and conditions regard the use of such property for residential, commercial, industrial, recreational or other purposes, or for public purposes to achieve the objectives of this plan. e) Covenants Make any of the covenants, restrictions or conditions of the foregoing contracts into covenants running with the land, and provide appropriate remedies for any breach of any such covenants or conditions, including the right in the municipality to terminate such contracts and any interest in the property created pursuant thereto. f) Subdivision The city may subdivide, vacate, re-subdivide, or otherwise change the recorded arrangement of property under its control in order to accomplish the objectives of this plan. 6 . Rehabilitation of Structures The city may participate in, and support efforts to, preserve and rehabilitate structures to achieve a long-term sound condition. Determination of structures for rehabilitation may be based on historical, architectural, or cultural merit of the structure; condition of the structure, condition of surrounding structures, lot size, layout, accessibility, and usefulness . 7 . Removal of Installation of Public Improvements and Facilities The city may arrange or contract for the furnishing or repair, by persons or agencies, public or private, for services, works, streets, roads, public utilities or other facilities required to achieve plan objectives . 13 E . MANAGEMENT & IMPLEMENTATION OF THE REDEVELOPMENT PLAN This section describes a procedure and a program by which these actions may be implemented to achieve plan objectives . 1 . Activities to be Undertaken by the City By itself, and/or in cooperation with other responsible departments of government and private agencies, the city will : a) Conduct studies and analyses and prepare plans, project proposals, budgets, contracts, recommendations for codes and legislation applications, and other documents and materials required to advance the implementation of plan objectives . b) Prepare and disseminate informational, training and marketing material; convene and otherwise initiate and participate in planning, marketing, negotiating, and other meetings and activities for the purpose of advancing the objectives of the plan. c) Implement or carry out any plan, project, or operational activity directed and approved by the city council and for which adequate resources are available . This may include the construction and operation of parking, pedestrian, park, recreational, educational, or other facilities and/or the promulgation and administration of leases, regulations, fees, insurance programs, subsidies, cost-sharing, and other measures required to achieve plan objectives . d) Make and enter into contracts necessary or incidental to the exercise of its powers and the performance of its duties, subject to the limitations of its other powers and resources . e) Collect, accept, and disburse funds, property, services, and other things of value from donations, grants, fees, rents, use charges, tax levies, and other sources, subject to overall budgetary and program approval by the city 14 council, for the purpose of achieving plan objectives . 2 . Plan Activities Budget City staff will annually identify and prioritize activities and for project area improvement. These activities will be submitted to the city council for approval through normal budgetary review processes . No expenditures or binding commitments for expenditures may be made which are not part of a budget approved by the council . 3 . Project and Action Proposal Review Any project or activity to be undertaken in the project area, privately or by a public agency, which requires public action or approval, will be subject to review by the city. The city will assure adequate coordination of advice and review by different departments of city government and of other affected governmental entities . The city will develop and publish criteria and procedures to govern this review process . These will detail the following general guidelines : a) Any project or activity proposal may be presented to and discussed with the city and the city may provide advice and technical planning or similar assistance related to such proposals on an informal basis subject to its published criteria and procedures . b) All formal requests or applications for public action and all public project proposals will be submitted to the city for review. At its discretion, with exceptions as noted below, the city may issue a report reviewing and commenting on the impact of the proposal upon plan objectives . c) For all proposals requiring city council action, a report shall be prepared which: 1) Describes estimated costs and impacts of the proposal in relation to plan objectives 2) Delineates the nature and scope of public actions and commitments required, including both those to be taken directly by the city and by other units of government. 15 3) Describes the methods by which required public actions and commitments will be met, including funding, organizational, procedural, legal, and other steps and assignments of responsibility, 4) Presents budget, approvals, agreements, opinions and/or other evidence indicating the feasibility of required public actions . d) For all proposals requiring city council action and for such others as it may deem appropriate, the city will develop and implement procedures which will assure adequate public review and which will meet all legal or administrative requirements for public hearings . 4 . Financing In addition to financing which may be required in connection with specific project or action proposals, sources of funding will be established to provide for the ongoing activities of the administration of this plan and the provision of technical and other assistance required to achieve plan objectives . 5 . A Statement of the Proposal Method of Financing the Redevelopment Plan The city shall provide financing for this plan from a variety of sources, grants and such other legally available funds, all as may be determined and specified to be applied to the financing of the project in the redevelopment improvement budget and program. F. OTHER PROVISIONS NECESSARY TO MEET STATE REQUIREMENTS 1 . Boundaries, Existing Use and Condition, General Land Use Plan, and Information Showing Standards of Population Densities, Land Coverage, and buildings in the Area after Redevelopment. Information on boundaries, existing use and conditions, and the general land use plan has been previously discussed. The boundaries of the redevelopment project are described in section A of this plan. Existing land use and property conditions are also shown in EXHIBITS FOUR AND FIVE . 16 The general land use plan and information showing standards of residential density and land coverage in the area after redevelopment are represented in EXHIBIT THREE . 2 . A Statement of the Proposed Changes, if any, in Zoning Ordinances or Maps, Street Layouts, Street Levels or Grades, Building Codes, and Ordinances The scope of redevelopment is large and the time of implementation long. It is unreasonable, at this time, to project a comprehensive list of changes which could be needed to implement this plan. Instead, the implementation of this plan shall be incremental, and changes to the above shall be made as necessary during the administration and implementation of this plan. 3 . A Statement as to the Kind and Number of Site Improvements and Additional Public Utilities which will be Required to Support the New Land Uses in the Area after Redevelopment. The number (s) and kind (s) of site improvements and public utility (ies) will be determined through the OWH-RA improvement budget and program and the project and action proposal review processes . All improvements shall conform to the objective of this plan. 4 . A Statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area. No items within this plan require or are anticipated to require the relocation of families from the projects boundaries . 5 . A Statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment area and the estimated proceeds or revenues from its disposal to redevelopers . This plan does identify specific actions for land acquisition and therefore no methods or estimates are available at the adoption of this plan. 17 G. PROCEDURES FOR AMENDING OR SUPPLEMENTING THIS REDEVELOPMENT PLAN From time to time the redevelopment plan may be amended by the city council, providing that adequate notice has been given and public hearings have been conducted as required by law. Council consideration will include review and recommendations . If changes are proposed for this redevelopment plan after the lease or sale of property in the redevelopment area, the modification shall be consented to in writing by the redeveloper (s) of any property affected by the proposed modification. As appropriate, disposition, rehabilitation, land acquisition and clearance, and other specific activity supplements may be added to this plan. H . EXHIBITS 18 EXIBIT ONE LEGAL DESCRIPTION A parcel of land located within Sections 17, 20, 21, 27, and 28, T 1 N, R 8 E, of the G&SRB&M, more particularly described as follows : Beginning at a point bearing South 0°12 ' 16" East, 1, 318 . 19 feet from the Northwest Corner of Section 21, being the TRUE POINT OF BEGINNING; THENCE North 88004 ' 41" East, 53 .25 feet to a point; THENCE North 89039 ' 46" East, 1, 269. 12 feet to a point; THENCE North 89035 ' 58" East, 660 . 83 feet to a point; THENCE North 89036 ' 10" East, 660 . 71 feet to a point; THENCE South 0014 ' 20" East, 1, 317 . 46 feet to a point; THENCE South 0010150" East, 1, 319 . 09 feet to a point; THENCE North 89037 ' 54" East, 1, 322 . 56 feet to a point; THENCE North 89038 ' 03" East, 1, 321 . 30 feet to a point; THENCE South 0012 ' 54" East, 1, 318 . 76 feet to a point; THENCE South 0°15 ' 14" East, 1, 320 .35 feet to a point; THENCE South 0012 ' 23" East, 435 . 99 feet to a point; THENCE South 0010 ' 43" East, 26 . 64 feet to a point; THENCE South 55014149" East, 544 . 44 feet to a point; THENCE South 55007 ' 48" East, 426. 68 feet to a point; THENCE South 55007 ' 49" East, 462 . 46 feet to a point; THENCE South 55018117" East, 325 . 19 feet to a point; THENCE South 33019123" West, 100 . 40 feet to a point; THENCE South 33019 ' 25" West, 63 . 49 feet to a point; THENCE South 32002 ' 33" West, 49. 06 feet to a point; THENCE South 89043105" West, 662 . 02 feet to a point; THENCE North 0017147" West, 330 . 06 feet to a point; THENCE South 89044 ' 19" West, 661 . 83 feet to a point; THENCE South 89040140" West, 1, 320 . 76 feet to a point; THENCE North 0013124" West, 1, 318 . 70 feet to a point; THENCE South 89043 ' 18" West, 660 . 77 feet to a point; THENCE North 0019 ' 08" West, 299 . 55 feet to a point; THENCE South 89041126" West, 140 . 82 feet to a point; THENCE South 89041115" West, 38 . 12 feet to a point; THENCE North 0004 ' 19" West, 20 . 09 feet to a point; THENCE North 0000 ' 11" West, 342 . 96 feet to a point; THENCE North 54058102" West, 109. 71 feet to a point; THENCE North 34039 ' 28" East, 122 . 58 feet to a point; THENCE North 35040 ' 57" East, 204 . 31 feet to a point; THENCE North 55002102" West, 569. 18 feet to a point; THENCE South 89040143" West, 6 . 84 feet to a point; THENCE South 89035 ' 30" West, 772 . 85 feet to a point; THENCE South 89030 ' 33" West, 196.20 feet to a point; THENCE South 89029123" West, 463 . 74 feet to a point; THENCE North 0014 ' 25" West, 660 . 63 feet to a point; THENCE North 0015 ' 02" West, 332 . 98 feet to a point; 19 THENCE North 57°14 ' 48" West, 408 . 89 feet to a point; THENCE North 57014 ' 47" West, 183 .24 feet to a point; THENCE North 55051 ' 30" West, 856.22 feet to a point; THENCE North 53°47 ' 50" West, 139. 05 feet to a point; THENCE North 53047 ' 51" West, 139. 33 feet to a point; THENCE North 55023 ' 43" West, 462 . 84 feet to a point; THENCE North 56018 ' 37" West, 79 . 33 feet to a point; THENCE North 58036 ' 32" West, 80 . 03 feet to a point; THENCE North 61006 ' 49" West, 76. 70 feet to a point; THENCE North 62001113" West, 83 . 92 feet to a point; THENCE North 63000115" West, 68 . 87 feet to a point; THENCE North 65024 ' 34" West, 75 . 13 feet to a point; THENCE North 67013 ' 04" West, 125 . 59 feet to a point; THENCE North 70056 ' 31" West, 67 . 38 feet to a point; THENCE North 70056 ' 28" West, 67 . 38 feet to a point; THENCE North 71007 ' 07" West, 72 . 13 feet to a point; THENCE North 73036 ' 40" West, 56. 80 feet to a point; THENCE North 74044139" West, 66. 01 feet to a point; THENCE North 77028115" West, 64 . 05 feet to a point; THENCE North 79030 ' 30" West, 63 . 59 feet to a point; THENCE North 80020 ' 23" West, 55 .21 feet to a point; THENCE North 82024119" West, 52 . 57 feet to a point; THENCE North 84003113" West, 55 . 88 feet to a point; THENCE North 84055 ' 14" West, 52 . 31 feet to a point; THENCE North 85054 ' 50" West, 81 .26 feet to a point; THENCE North 86002159" West, 369. 80 feet to a point; THENCE North 85056 ' 40" West, 311 . 11 feet to a point; THENCE North 86049 ' 54" West, 125 . 71 feet to a point; THENCE North 88027146" West, 5 . 78 feet to a point; THENCE North 88027104" West, 122 . 79 feet to a point; THENCE North 89005 ' 26" West, 218 . 88 feet to a point; THENCE South 89054 ' 54" West, 81 . 89 feet to a point; THENCE South 89054156" West, 487 . 93 feet to a point; THENCE South 89054 ' 56" West, 213 . 87 feet to a point; THENCE South 89046 ' 04" West, 283 .21 feet to a point; THENCE South 89046103" West, 505 . 83 feet to a point; THENCE South 89046102" West, 66 . 92 feet to a point; THENCE South 89045 ' 34" West, 748 . 46 feet to a point; THENCE North 0016 ' 29" West, 346. 60 feet to a point; THENCE North 0016132" West, 213 . 75 feet to a point; THENCE North 89044134" East, 660 .29 feet to a point; THENCE North 89046 ' 23" East, 660 . 07 feet to a point; THENCE North 89041 ' 13" East, 247 . 55 feet to a point; THENCE North 89042 ' 41" East, 247 . 55 feet to a point; THENCE North 89042 ' 36" East, 247 . 55 feet to a point; THENCE North 89042 ' 36" East, 247 . 55 feet to a point; THENCE North 0015 ' 00" West, 943 . 65 feet to a point; THENCE South 89053 ' 19" East, 19 . 60 feet to a point; THENCE South 89053 ' 00" East, 136. 07 feet to a point; 20 THENCE South 89055 ' 43" East, 174 . 67 feet to a point; THENCE North 0016 ' 44" West, 1, 039 . 67 feet to a point; THENCE North 0016 ' 46" West, 329 . 96 feet to a point; THENCE North 0016 ' 41" West, 329. 96 feet to a point; THENCE North 89054 ' 20" East, 660 . 06 feet to a point; THENCE South 0019 ' 14" East, 330 . 04 feet to a point; THENCE North 89054 ' 32" East, 32 . 99 feet to a point; THENCE North 89051 ' 14" East, 296. 78 feet to a point; THENCE North 89053 ' 58" East, 297 . 04 feet to a point; THENCE North 89053 ' 58" East, 33 . 50 feet to a point; THENCE South 0°38 ' 13" East, 329. 66 feet to a point; THENCE North 89057 ' 22" East, 657 . 44 feet to a point; THENCE North 0013 ' 35" West, 49 . 89 feet to a point; THENCE North 0015 ' 57" West, 939 . 94 feet to a point; THENCE North 89055 ' 19" East, 660 . 14 feet to a point; THENCE South 0°15 ' 29" East, 989. 74 feet; THENCE South 0012 ' 59" East, 242 . 52 feet to a point; THENCE South 0°15 ' 07" East, 947 . 92 feet to a point; THENCE South 0°10 ' 14" West, 127 . 75 feet to the TRUE POINT OF BEGINNING; Containing 27, 837, 032 . 32 square feet, or 639 . 05 acres, more or less . 21 EXHIBIT 2 PROJECT AREA BOUNDARIES TUIMm U 8 8 g 8 - - 8 klaxehips Blvd ,( r 7� DISCLAIMER:This exhibit was produced without benefit City o1 Apache junction of a field survey and is not intended to represent a survey .�� document of any kind. Distances shown hereon are Lost Dutchman BNtl Old West Redevelopment Area approximate.Parcel lines shown hereon are approximate apt and may not reflect the exact position or alignment of Superstition Blvd parcel lines,roadway center lines,or easement lines. Apache it LEGEND Broadway Ave 6 I Subject Site O Parcel SouNem Ave N is asp Downtown Core A line Ave March 27, 2018 € $ o $ o too a000 Fact 22 EXHIBIT THREE THE GENERAL LAND USE PLAN 2010 i e e f 8 e 8 8 8 rAckellips Blvd DISCLAIMER:This exhibit was produced wnhout benefit City of Apache Junction of a field survey and is not intended to represent a survey 1t document of any kind. Distances shown hereon are Lost Dutchman BW Old West Redevelopment Area approximate.Parcel lines shown hereon are approximate and may not reflect the exact position or alignment of Superstition Blvd LEGEND parcel lines, roadway center lines,or easement lines Apache irl O Subject Site Q Parcel 0 Broadway Ave General Plan 2010-Land Use 0 Southern Avg oy oa Downtown Mixed-use Southern ��+'Yy, Low Densely Residential(1.25 acre minimum lots) � ees fine Ave Medium Density Residential(maximum of 6 du/ac) A Q Mixed-Use(maximum of 50 dulac) Community Commercial December 28, 2017 Public/institutional o t.000 :.000 d000 Fier 23 EXHIBIT FOUR EXISTING LAND USE uuu � V f 8 e 8 8 8 Mcxellips Blvd DISCLAIMER:This exhibit was produced wnhout benefit City of Apache junction Apache Junction of a field survey and is not intended to represent a survey 1t document of any kind. Distances shown hereon are Lost Dutchman BW Old West Redevelopment Area approximate.Parcel lines shown hereon are approximate and may not reflect the exact position or alignment of Supersiitm BNd parcel lines, roadway center lines,or easement lines Apache it LEGEND 0 Broadway Are 0 O Subject Site sa,them Aw b o, Q Parcel rJ ■ �N 80 ay Land Use ,^\ 086 fine Ave A a Commercial Public/Institutional a — Residential vacant December O5, 2017 � 0 1.000 :.000 4,000 Fier 24 EXHIBIT FIVE EXISTING PROPERTY CONDITIONS ASSESSMENT CRITERIA Roadways: The total area of roadways are those existing within the OWH-RA. An in-the-field assessment is made annually by Public Works Department staff, and conditions are updated in an asset management software. The software was queried to extract roadway segments that have a Remaining Service Life (RSL) of 12 years or less . Road segments with a remaining RSL of 12 years or less are considered to be in a condition where imminent maintenance and/or repair operations are needed to extend the service life of the pavement. An RSL of 0 years indicates a road segment not yet paved. Road conditions such as those listed below are used in the assessment: 1 . Roadway surfaces with "alligatoring" effect. 2 . Roadway surfaces with cracks one-half inch (1/2") in size and greater 3 . Roadways with other evidences of water attributing to the failure of the roadway surfaces and sub-surface features . A typical service life span of a road surface is 15-20 years with proper maintenance activities during the life of the road. The area of substandard roadways divided by the total area of roadways was used to determine the percentage of roadways needing to be treated, resurfaced, or worst case, reconstructed. Roadways Total Length (LF) Deteriorated (LF & %) 69, 713 27, 620 40 0 Street Lights: The total length of roadways represents all existing roadways within the Old West Redevelopment Area in addition to those future roadway segments identified in the Apache Junction Downtown Redevelopment and Investment Strategy ("AJ DRIS") not yet constructed (see Appendix A-9 of the AJ DRIS) . An in-the-field assessment was made to determine whether the existing roads have street lights or not. The length of existing roadways without street lights or substandard street lighting was divided by the total length of roadways within the redevelopment area to determine the percentage of roadways with substandard street lighting. Street Lights Total Length (LF) Deteriorated (LF & o) 57, 734 49, 394 860 25 Sidewalks: The total lengths of sidewalks are those existing within the Old West Redevelopment Area. An in the field assessment was made to determine whether portions of existing sidewalks needed to be reconstructed or not based on the following criteria: 1 . Concrete sidewalk panels with a crack running from one panel face to another. 2 . Panels that are heaving (tripping hazards) . 3 . Panels that are pulling away from the adjacent curb (tripping hazard) . 4 . Curb returns with non-ADA compliant ramps . 5 . Sidewalk panels adjacent to curb & gutter segments that need to be replaced. Typically the sidewalk panels will need to be removed and replaced during the course of curb & gutter reconstruction. 6 . Missing segments of sidewalk along existing paved roadways . 7 . Missing ADA accessible routes behind driveway entrances . Sidewalk panels within the Old West Redevelopment Area meeting the above criteria were identified as needing to be reconstructed (i .e. , substandard) . The length of substandard sidewalks divided by the total length of sidewalks was used to determine the percentage of sidewalks needing to be reconstructed. Sidewalks Total Length (LF) Deteriorated (LF & o) 57, 734 64, 659 90 0 Buildings: The following parcels are located within the Old West Highway Redevelopment Area. Each parcel is classified with the quality of the structure located on the parcel . Using the following definitions, the city of Apache junction has identified the number of structures within the Old West Highway Redevelopment Area that are substandard or "dilapidated. " Residential structures classified as either poor or replace have been determined "dilapidated. " A residential structure is considered poor if the cost to make improvements is between $15, 000 - $60, 000 . Likewise, a residential structure is to be replaced if the cost to make improvements is greater than the cost of replacement. A commercial structure is dilapidated if it meets the following criteria established by A.R. S . Blighted area means an area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following: 26 (1) Faulty lot layout in relation to size, adequacy, accessibility or usefulness, (2) Unsanitary or unsafe conditions (e.g. septic) , and/or (3) Deteriorations of site or other improvements . The following evaluation was completed in 2017 in cooperation with the City of Apache Junction Economic Development Department, Development Services Department and Housing Division. 27 Parcel # of # Number Quality Buildings Deteriorated 100-31-0250 Substandard/Dilapidated 1 1 100-31-0290 Substandard/Dilapidated 3 3 101-11-0040 Standard/Fair 1 1 101-11-0050 Vacant 101-11-0060 Vacant 0 0 101-11-0070 Standard/Fair 0 0 101-11-0080 Substandard/Dilapidated 180 180 101-11-0110 Substandard/Dilapidated 1 0 101-11-0120 Substandard/Dilapidated 1 1 101-11-0130 Substandard/Dilapidated 1 1 101-11-0150 Substandard/Dilapidated 1 1 101-11-0170 Vacant 101-11-0180 Standard/Fair 1 0 101-11-0190 Standard/Fair 1 0 101-11-0200 Substandard/Dilapidated 701 701 101-11-0220 Vacant 101-11-0230 Standard/Fair 1 1 101-11-0240 Vacant 101-11-0250 Vacant 101-13-0210 Substandard/Dilapidated 1 1 101-13-1130 Vacant Exceeds Standards/Good 101-15-0010 or Excellent 1 0 101-15-0020 Standard/Fair 1 0 101-15-0030 Substandard/Dilapidated 2 2 101-15-0060 Vacant 0 0 101-15-0070 Substandard/Dilapidated 2 2 101-15-0080 Substandard/Dilapidated 2 2 101-15-0090 Vacant 0 0 101-15-0100 Substandard/Dilapidated 1 1 101-15-0110 Substandard/Dilapidated 3 3 101-15-0120 Substandard/Dilapidated 1 1 101-15-0140 Vacant 0 0 101-15-0150 Substandard/Dilapidated 1 1 101-15-0160 Substandard/Dilapidated 1 1 101-15-0170 Substandard/Dilapidated 1 1 101-19-0130 Vacant 101-19-0170 Vacant 101-19-0190 Vacant 101-19-0220 Vacant 101-19-0230 Vacant 28 101-20-0020 Substandard/Dilapidated 1 1 101-20-0090 Vacant 101-20-0110 Substandard/Dilapidated 35 35 101-20-0130 Vacant 0 0 101-20-0160 Vacant 0 0 101-20-0170 Vacant 101-20-0200 Substandard/Dilapidated 29 29 101-20-0330 Substandard/Dilapidated 1 1 101-20-0360 Substandard/Dilapidated 1 1 101-20-0370 Substandard/Dilapidated 1 1 101-20-0380 Standard/Fair 1 0 101-20-0390 Substandard/Dilapidated 1 1 101-20-0410 Substandard/Dilapidated 1 1 101-20-0420 Substandard/Dilapidated 1 1 101-20-0480 Substandard/Dilapidated 1 1 101-20-0490 Vacant 101-20-0500 Vacant 101-20-0510 Standard/Fair 1 101-21-0670 Standard/Fair 1 1 Exceeds Standards/Good 101-21-0710 or Excellent 1 0 Exceeds Standards/Good 101-21-0710 or Excellent 1 Exceeds Standards/Good 101-21-0720 or Excellent 1 Exceeds Standards/Good 101-21-0730 or Excellent 1 Exceeds Standards/Good 101-21-0740 or Excellent 1 101-21-0750 Vacant 0 0 101-21-0760 Vacant 0 0 101-21-0770 Vacant 0 0 101-22-0230 Substandard/Dilapidated 97 97 101-22-0310 Vacant 101-22-0350 Standard/Fair 1 0 101-22-0430 Substandard/Dilapidated 1 1 101-22-0480 Substandard/Dilapidated 1 1 101-22-0490 Standard/Fair 2 0 101-22-0500 Substandard/Dilapidated 1 1 101-22-0550 Substandard/Dilapidated 1 1 101-22-0560 Substandard/Dilapidated 1 1 101-22-0570 Substandard/Dilapidated 2 2 101-23-0170 Vacant 101-23-0180 Vacant 29 101-23-0190 Vacant 101-23-0200 Vacant 101-23-0210 Standard/Fair 1 0 101-23-0420 101-23-0420 101-23-0430 Substandard/Dilapidated 1 1 101-23-0440 Substandard/Dilapidated 102-02-0030 Vacant 102-02-0050 Vacant 102-02-0070 Standard/Fair 6 0 102-02-0090 Substandard/Dilapidated 1 1 102-02-0100 Vacant 102-02-0110 Vacant 102-03-3030 Vacant 103-20-0040 Vacant 100-31-026D Substandard/Dilapidated 108 108 100-31-031A Substandard/Dilapidated 2 2 101-11-001F Vacant 101-11-001G Standard/Fair 1 0 101-11-002D Standard/Fair 1 0 101-11-002J Standard/Fair 1 0 101-11-002M Standard/Fair 1 0 101-11-002M Standard/Fair 1 0 101-11-003B Vacant 101-11-003D Vacant 101-11-010C Substandard/Dilapidated 6 6 101-11-010D Substandard/Dilapidated 1 1 101-11-014A Substandard/Dilapidated 1 1 101-11-014B Standard/Fair 1 0 101-11-016A Vacant 101-11-016B Substandard/Dilapidated 1 1 101-13-022B Substandard/Dilapidated 1 1 101-13-022C Substandard/Dilapidated 2 2 101-13-023A Vacant 0 0 101-13-023B Substandard/Dilapidated 3 3 101-13-023C Substandard/Dilapidated 1 1 101-13-062B Standard/Fair 1 0 101-13-065A Substandard/Dilapidated 1 1 101-13-065B Vacant 101-13-066G Substandard/Dilapidated 2 2 101-13-068A Substandard/Dilapidated 2 2 101-13-068B Vacant 101-13-109C Standard/Fair 5 0 30 101-15-004A Substandard/Dilapidated 4 4 101-15-013B Substandard/Dilapidated 1 1 101-19-010A Substandard/Dilapidated 1 1 101-19-010B Standard/Fair 1 0 101-19-011D Substandard/Dilapidated 78 78 101-19-012B Standard/Fair 2 0 101-19-012C Vacant 101-19-012D Substandard/Dilapidated 2 2 101-19-014A Vacant 101-19-015A Vacant 101-19-018A Substandard/Dilapidated 1 1 101-19-018B Substandard/Dilapidated 1 1 101-19-018C Substandard/Dilapidated 1 1 1011-9-018E Substandard/Dilapidated 1 1 101-19-021A Substandard/Dilapidated 1 1 101-19-021B Vacant 0 0 101-19-025A Vacant 101-20-003B Standard/Fair 2 0 101-20-003C Standard/Fair 1 0 101-20-003D Standard/Fair 2 0 101-20-004B Standard/Fair 2 0 101-20-004C Standard/Fair 1 0 101-20-004D Standard/Fair 2 0 101-20-004E Standard/Fair 2 0 101-20-007A Standard/Fair 1 0 101-20-007C Substandard/Dilapidated 1 1 101-20-007E Standard/Fair 1 0 101-20-008A Vacant 101-20-010C Standard/Fair 101-20-010D Standard/Fair 1 0 101-20-010E Standard/Fair 1 0 101-20-01OF Standard/Fair 1 0 101-20-01OG Standard/Fair 1 0 101-20-010H Standard/Fair 1 0 101-20-012B Substandard/Dilapidated 1 0 101-20-012D Substandard/Dilapidated 1 1 101-20-014A Standard/Fair 0 0 101-20-014B Vacant 0 0 101-20-014C Vacant 101-20-015B Substandard/Dilapidated 0 0 101-20-015D Substandard/Dilapidated 3 3 101-20-018A Vacant 0 0 101-20-018B Vacant 1 1 31 101-20-019A Vacant 101-20-035A Substandard/Dilapidated 101-20-035B Substandard/Dilapidated 1 1 101-20-040C Substandard/Dilapidated 1 1 101-20-047A Vacant 101-21-060A Vacant 0 0 101-21-060C Substandard/Dilapidated 1 1 101-21-060D Substandard/Dilapidated 1 1 101-21-06OF Substandard/Dilapidated 1 1 101-21-06OG Substandard/Dilapidated 1 1 101-21-060J Substandard/Dilapidated 1 1 101-21-065D Substandard/Dilapidated 5 5 101-21-066B Standard/Fair 1 1 101-21-066C Vacant 1 1 101-21-066D Substandard/Dilapidated 101-21-069A Substandard/Dilapidated 1 1 101-21-069B Substandard/Dilapidated 1 1 101-21-070A Substandard/Dilapidated 1 1 101-21-070B Substandard/Dilapidated 1 1 101-22-018B Vacant 1 1 101-22-019B Standard/Fair 101-22-020B Substandard/Dilapidated 152 152 101-22-022A Substandard/Dilapidated 1 1 101-22-022B Substandard/Dilapidated 1 1 101-22-024A Substandard/Dilapidated 69 69 101-22-025B Standard/Fair 1 0 101-22-025C Standard/Fair 3 1 101-22-026A Vacant 0 0 101-22-029A Standard/Fair 2 0 101-22-033E Substandard/Dilapidated 1 1 101-22-034C Substandard/Dilapidated 2 2 101-22-034D Vacant 1 1 101-22-034E Substandard/Dilapidated 101-22-034K Standard/Fair 1 0 101-22-044A Substandard/Dilapidated 2 2 101-22-044E Standard/Fair 1 0 101-22-044F Standard/Fair 1 0 101-22-0470 Vacant 1 1 101-22-058A Substandard/Dilapidated 101-23-004A Substandard/Dilapidated 1 1 101-23-004E Standard/Fair 101-23-004F Substandard/Dilapidated 1 1 101-23-004G Substandard/Dilapidated 1 1 32 101-23-007A Standard/Fair 1 0 101-23-009A Standard/Fair 0 0 Exceeds Standards/Good 101-23-024A or Excellent 1 0 101-23-024B Standard/Fair 1 0 101-23-028A Standard/Fair 1 0 101-23-032A Standard/Fair 1 0 Exceeds Standards/Good 101-23-042A or Excellent 1 0 101-23-045A Vacant 102-02-001B Vacant 102-02-002B Vacant 102-02-006B Vacant 102-02-006C Standard/Fair 1 0 102-02-006F Standard/Fair 4 0 102-02-008P Vacant 102-02-008S Standard/Fair 5 0 102-03-136A Vacant 102-03-300A Vacant 102-03-300B Vacant 102-03-300C Substandard/Dilapidated 0 0 102-03-136A Substandard/Dilapidated 1 1 103-19-027A Vacant 1 1 103-19-027A Vacant 103-19-028A Vacant 103-19-029C Vacant 33 RESOLUTION NO. 20-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RENEWING THE SLUM OR BLIGHTED OLD WEST HIGHWAY REDEVELOPMENT AREA DESIGNATION. WHEREAS, on May 1, 2018, the City of Apache Junction mayor and city council adopted Resolution 18-12, which established the Old West Highway Redevelopment Area; and WHEREAS, on May 1, 2018, the City of Apache Junction mayor and city council adopted Resolution 18-13, which approved the Old West Highway Redevelopment Area Plan; and WHEREAS, pursuant to A.R. S . § 42-6209 (F) , before October 1, 2020, each city or town shall review the designation of each slum or blighted area that was originally designated before September 30, 2018 and in which a central business district is located; and WHEREAS, pursuant to such review the city or town shall either renew, modify, or terminate the designation, and if it renews the designation, it is subject to a ten (10) year review cycle; and WHEREAS, in compliance with A.R. S . § 36-1474 (C) , the Old West Highway Redevelopment Area has undergone the following substantial redevelopment activities to eliminate slum or blighted conditions : 1 . Median improvements on Apache Trail from 701 W Apache Trail to 431 W Apache Trail; 2 . Demolition of blighted buildings on Parcel numbers 101-13-02E and 101-13-023F; 3 . Various private developments and business expansions (Dutch Bros . , Filiberto' s, The Handlebar Pub and Grill Expansion, Panda Express, Mountain America Federal Credit Union, Ross, Goodwill, and Apartments on Parcel number 101-19-012B) ; 4 . Installation of wayfinding signage along Idaho Blvd. , Phelps Dr. , Old West Highway and Apache Trail; 5 . Infrastructure improvements (sewer and roadway) ; and WHEREAS, the renewal of the redevelopment of this area is necessary in the interest of public health, safety, morals, or welfare of the residents of the City of Apache Junction pursuant to A.R. S . § 36-1473 . RESOLUTION NO. 20-27 PAGE 1 OF 3 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Old West Highway Redevelopment Area as legally described in Attachment A, and as depicted on the map as shown in Attachment B, both attached hereto, is hereby renewed based on significant development since establishment. 2) The City of Apache Junction has completed an infrastructure and building inventory and is attached as Attachment C. 3) The designated redevelopment area is necessary to further the public, health, safety, morals or welfare interests of the residents of the City of Apache Junction pursuant to A.R. S . § 36-1473 . 4) Because of this timely renewal, the slum or blighted area designation is subject to subsequent reviews on a ten (10) year cycle as per A.R. S . § 42-6209 (F) . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ATTACHMENT A OLD WEST HIGHWAY REDEVELOPMENT LEGAL DESCRIPTION A parcel of land located within Sections 17, 20, 21, 27, and 28, T 1 N, R 8 E, of the G&SRB&M, more particularly described as follows : Beginning at a point bearing South 0012 ' 16" East, 1, 318 . 19 feet from the Northwest Corner of Section 21, being the TRUE POINT OF BEGINNING; THENCE North 88004141" East, 53 . 25 feet to a point; THENCE North 8903946" East, 1, 269 . 12 feet to a point; THENCE North 89035 ' 58" East, 660 . 83 feet to a point; THENCE North 89036 ' 10" East, 660 . 71 feet to a point; THENCE South 0014120" East, 1, 317 . 46 feet to a point; THENCE South 0010 ' 50" East, 1, 319 . 09 feet to a point; THENCE North 89037 ' 54" East, 1, 322 . 56 feet to a point; THENCE North 89038 ' 03" East, 1, 321 . 30 feet to a point; THENCE South 0012 ' 54" East, 1, 318 . 76 feet to a point; THENCE South 0015 ' 14" East, 1, 320 . 35 feet to a point; THENCE South 0012 ' 23" East, 435 . 99 feet to a point; THENCE South 0010143" East, 26 . 64 feet to a point; THENCE South 55014149" East, 544 . 44 feet to a point; THENCE South 55007 ' 48" East, 426 . 68 feet to a point; THENCE South 55007 ' 49" East, 462 . 46 feet to a point; THENCE South 55018117" East, 325 . 19 feet to a point; THENCE South 33019 ' 23" West, 100 . 40 feet to a point; THENCE South 33019125" West, 63 . 49 feet to a point; THENCE South 32002133" West, 49 . 06 feet to a point; THENCE South 89043105" West, 662 . 02 feet to a point; THENCE North 0017 ' 47" West, 330 . 06 feet to a point; THENCE South 89044 ' 19" West, 661 . 83 feet to a point; THENCE South 89040 ' 40" West, 1, 320 . 76 feet to a point; THENCE North 0013 ' 24" West, 1, 318 . 70 feet to a point; THENCE South 89043 ' 18" West, 660 . 77 feet to a point; THENCE North 0019 ' 08" West, 299 . 55 feet to a point; THENCE South 89041126" West, 140 . 82 feet to a point; THENCE South 89041115" West, 38 . 12 feet to a point; THENCE North 0004 ' 19" West, 20 . 09 feet to a point; THENCE North 000011" West, 342 . 96 feet to a point; THENCE North 54058102" West, 109 . 71 feet to a point; THENCE North 34039 ' 28" East, 122 . 58 feet to a point; THENCE North 35040157" East, 204 . 31 feet to a point; THENCE North 55002102" West, 569 . 18 feet to a point; THENCE South 89040143" West, 6 . 84 feet to a point; THENCE South 89035 ' 30" West, 772 . 85 feet to a point; THENCE South 89030 ' 33" West, 196 . 20 feet to a point; THENCE South 89029123" West, 463 . 74 feet to a point; THENCE North 0014 ' 25" West, 660 . 63 feet to a point; THENCE North 0015102" West, 332 . 98 feet to a point; THENCE North 57014148" West, 408 . 89 feet to a point; THENCE North 57014 ' 47" West, 183 . 24 feet to a point; THENCE North 55051130" West, 856 . 22 feet to a point; THENCE North 53047 ' 50" West, 139 . 05 feet to a point; THENCE North 53047151" West, 139 . 33 feet to a point; THENCE North 55023 ' 43" West, 462 . 84 feet to a point; THENCE North 56018 ' 37" West, 79 . 33 feet to a point; THENCE North 58036 ' 32" West, 80 . 03 feet to a point; THENCE North 61006 ' 49" West, 76 . 70 feet to a point; THENCE North 62001113" West, 83 . 92 feet to a point; THENCE North 63000 ' 15" West, 68 . 87 feet to a point; THENCE North 65024 ' 34" West, 75 . 13 feet to a point; THENCE North 67013104" West, 125 . 59 feet to a point; THENCE North 70056131" West, 67 . 38 feet to a point; THENCE North 7005628" West, 67 . 38 feet to a point; THENCE North 71007 ' 07" West, 72 . 13 feet to a point; THENCE North 73036 ' 40" West, 56 . 80 feet to a point; THENCE North 7404439" West, 66 . 01 feet to a point; THENCE North 77028 ' 15" West, 64 . 05 feet to a point; THENCE North 79030130" West, 63 . 59 feet to a point; THENCE North 80020123" West, 55 . 21 feet to a point; THENCE North 82024 ' 19" West, 52 . 57 feet to a point; THENCE North 84003113" West, 55 . 88 feet to a point; THENCE North 84055 ' 14" West, 52 . 31 feet to a point; THENCE North 85054 ' 50" West, 81 . 26 feet to a point; THENCE North 86002159" West, 369 . 80 feet to a point; THENCE North 85056 ' 40" West, 311 . 11 feet to a point; THENCE North 86049 ' 54" West, 125 . 71 feet to a point; THENCE North 88027 ' 46" West, 5 . 78 feet to a point; THENCE North 88027104" West, 122 . 79 feet to a point; THENCE North 89005126" West, 218 . 88 feet to a point; THENCE South 89054 ' 54" West, 81 . 89 feet to a point; THENCE South 89054156" West, 487 . 93 feet to a point; THENCE South 89054156" West, 213 . 87 feet to a point; THENCE South 89046 ' 04" West, 283 . 21 feet to a point; THENCE South 89046103" West, 505 . 83 feet to a point; THENCE South 89046 ' 02" West, 66 . 92 feet to a point; THENCE South 89045 ' 34" West, 748 . 46 feet to a point; THENCE North 0016129" West, 346 . 60 feet to a point; THENCE North 0016132" West, 213 . 75 feet to a point; THENCE North 89044 ' 34" East, 660 . 29 feet to a point; THENCE North 89046123" East, 660 . 07 feet to a point; THENCE North 89041 ' 13" East, 247 . 55 feet to a point; THENCE North 89042141" East, 247 . 55 feet to a point; THENCE North 89042136" East, 247 . 55 feet to a point; THENCE North 8904236" East, 247 . 55 feet to a point; THENCE North 0015100" West, 943 . 65 feet to a point; THENCE South 89053119" East, 19 . 60 feet to a point; THENCE South 89053 ' 00" East, 136 . 07 feet to a point; THENCE South 89055143" East, 174 . 67 feet to a point; THENCE North 0016 ' 44" West, 1, 039 . 67 feet to a point; THENCE North 0016 ' 46" West, 329 . 96 feet to a point; THENCE North 001641" West, 329 . 96 feet to a point; THENCE North 89054 ' 20" East, 660 . 06 feet to a point; THENCE South 0019114" East, 330 . 04 feet to a point; THENCE North 89054 ' 32" East, 32 . 99 feet to a point; THENCE North 89051 ' 14" East, 296 . 78 feet to a point; THENCE North 89053 ' 58" East, 297 . 04 feet to a point; THENCE North 89053 ' 58" East, 33 . 50 feet to a point; THENCE South 0038113" East, 329 . 66 feet to a point; THENCE North 8905722" East, 657 . 44 feet to a point; THENCE North 0013 ' 35" West, 49 . 89 feet to a point; THENCE North 0015 ' 57" West, 939 . 94 feet to a point; THENCE North 89055119" East, 660 . 14 feet to a point; THENCE South 0015129" East, 989 . 74 feet; THENCE South 0012 ' 59" East, 242 . 52 feet to a point; THENCE South 0015107" East, 947 . 92 feet to a point; THENCE South 0010114" West, 127 . 75 feet to the TRUE POINT OF BEGINNING; Containing 27, 837, 032 . 32 square feet, or 639 . 05 acres, more or less ATTACHMENT B PROJECT AREA BOUNDARIES 9 ` r 8 e 8 8 8 Me ins Blvtl r y� DISCLAIMER-.This exhibit was produced without benefit City of Apache junction of a field survey and is not intended to represent a survey It document of any kind. Distances shown hereon are Lost Dutchman Blvd Old 'Jest Redevelopment Area approximate.Parcel lines shown hereon are approximate and may not reflect the exact position or alignment of Superetltlon Blvd parcel lines,roadway center lines,or easement lines - Apeche Trl LEGEND Broatlway Ave 5 Subject Site O Parcel South Ave N "313isBrH'�r Downtown Core AUPI El Besellno Ave Crr a March 27,2018 r a g o 0 1,000 2.000 4.000 Faet ATTACHMENT C Infrastructure and Building Inventory ASSESSMENT CRITERIA Roadways: The total area of roadways are those existing within the OWH-RA. An in-the-field assessment is made annually by Public Works Department staff, and conditions are updated in an asset management software. The software was queried to extract roadway segments that have a Remaining Service Life (RSL) of 12 years or less . Road segments with a remaining RSL of 12 years or less are considered to be in a condition where imminent maintenance and/or repair operations are needed to extend the service life of the pavement. An RSL of 0 years indicates a road segment not yet paved. Road conditions such as those listed below are used in the assessment: 1 . Roadway surfaces with "alligatoring" effect. 2 . Roadway surfaces with cracks one-half inch (1/2") in size and greater 3 . Roadways with other evidences of water attributing to the failure of the roadway surfaces and sub-surface features. A typical service life span of a road surface is 15-20 years with proper maintenance activities during the life of the road. The area of substandard roadways divided by the total area of roadways was used to determine the percentage of roadways needing to be treated, resurfaced, or worst case, reconstructed. Roadways Total Length (LF) Deteriorated (LF & %) 69, 264 20, 997 300 Street Lights: The total length of roadways represents all existing roadways within the Old West Redevelopment Area in addition to those future roadway segments identified in the Apache Junction Downtown Redevelopment and Investment Strategy ("AJ DRIS") not yet constructed (see Appendix A-9 of the AJ DRIS) . An in-the-field assessment was made to determine whether the existing roads have street lights or not. The length of existing roadways without street lights or substandard street lighting was divided by the total length of roadways within the redevelopment area to determine the percentage of roadways with substandard street lighting. Street Lights Total Length (LF) Deteriorated (LF & o) 57, 734 48, 220 840 Sidewalks: The total lengths of sidewalks are those existing within the Old West Redevelopment Area. An in the field assessment was made to determine whether portions of existing sidewalks needed to be reconstructed or not based on the following criteria: 1 . Concrete sidewalk panels with a crack running from one panel face to another. 2 . Panels that are heaving (tripping hazards) . 3 . Panels that are pulling away from the adjacent curb (tripping hazard) . 4 . Curb returns with non-ADA compliant ramps . 5 . Sidewalk panels adjacent to curb & gutter segments that need to be replaced. Typically the sidewalk panels will need to be removed and replaced during the course of curb & gutter reconstruction. 6 . Missing segments of sidewalk along existing paved roadways . 7 . Missing ADA accessible routes behind driveway entrances . Sidewalk panels within the Old West Redevelopment Area meeting the above criteria were identified as needing to be reconstructed (i .e. , substandard) . The length of substandard sidewalks divided by the total length of sidewalks was used to determine the percentage of sidewalks needing to be reconstructed. Sidewalks Total Length (LF) Deteriorated (LF & o) 72, 540 62, 307 860 Buildings: The following parcels are located within the Old West Highway Redevelopment Area. Each parcel is classified with the quality of the structure located on the parcel. Using the following definitions, the city of Apache junction has identified the number of structures within the Old West Highway Redevelopment Area that are substandard or "dilapidated. " Residential structures classified as either poor or replace have been determined "dilapidated. " A residential structure is considered poor if the cost to make improvements is between $15, 000 - $60, 000 . Likewise, a residential structure is to be replaced if the cost to make improvements is greater than the cost of replacement. A commercial structure is dilapidated if it meets the following criteria established by A.R.S. Blighted area means an area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following: (1) Faulty lot layout in relation to size, adequacy, accessibility or usefulness, (2) Unsanitary or unsafe conditions (e.g. septic) , and/or (3) Deteriorations of site or other improvements . The following evaluation was completed in 2017 in cooperation with the City of Apache Junction Economic Development Department, Development Services Department and Housing Division. Parcel # of # Number Quality Buildings Deteriorated 100-31-0250 Substandard/Dilapidated 1 1 100-31-0290 Substandard/Dilapidated 3 3 101-11-0040 Standard/Fair 1 1 101-11-0050 Vacant 101-11-0060 Vacant 0 0 101-11-0070 Standard/Fair 0 0 101-11-0080 Substandard/Dilapidated 180 180 101-11-0110 Substandard/Dilapidated 1 0 101-11-0120 Substandard/Dilapidated 1 1 101-11-0130 Substandard/Dilapidated 1 1 101-11-0150 Substandard/Dilapidated 1 1 101-11-0170 Vacant 101-11-0180 Standard/Fair 1 0 101-11-0190 Standard/Fair 1 0 101-11-0200 Substandard/Dilapidated 701 701 101-11-0220 Vacant 101-11-0230 Standard/Fair 1 1 101-11-0240 Vacant 101-11-0250 Vacant 101-13-0210 Substandard/Dilapidated 1 1 101-13-1130 Vacant Exceeds Standards/Good 101-15-0010 or Excellent 1 0 101-15-0020 Standard/Fair 1 0 101-15-0030 Substandard/Dilapidated 2 2 101-15-0060 Vacant 0 0 101-15-0070 Substandard/Dilapidated 2 2 101-15-0080 Substandard/Dilapidated 2 2 101-15-0090 Vacant 0 0 101-15-0100 Substandard/Dilapidated 1 1 101-15-0110 Substandard/Dilapidated 3 3 101-15-0120 Substandard/Dilapidated 1 1 101-15-0140 Vacant 0 0 101-15-0150 Substandard/Dilapidated 1 1 101-15-0160 Substandard/Dilapidated 1 1 101-15-0170 Substandard/Dilapidated 1 1 101-19-0130 Vacant 101-19-0170 Vacant 101-19-0190 Vacant 101-19-0220 Vacant 101-19-0230 Vacant 101-20-0020 Substandard/Dilapidated 1 1 101-20-0090 Vacant 101-20-0110 Substandard/Dilapidated 35 35 101-20-0130 Vacant 0 0 101-20-0160 Vacant 0 0 101-20-0170 Vacant 101-20-0200 Substandard/Dilapidated 29 29 101-20-0330 Substandard/Dilapidated 1 1 101-20-0360 Substandard/Dilapidated 1 1 101-20-0370 Substandard/Dilapidated 1 1 101-20-0380 Standard/Fair 1 0 101-20-0390 Substandard/Dilapidated 1 1 101-20-0410 Substandard/Dilapidated 1 1 101-20-0420 Substandard/Dilapidated 1 1 101-20-0480 Substandard/Dilapidated 1 1 101-20-0490 Vacant 101-20-0500 Vacant 101-20-0510 Standard/Fair 1 101-21-0670 Standard/Fair 1 1 Exceeds Standards/Good 101-21-0710 or Excellent 1 0 Exceeds Standards/Good 101-21-0710 or Excellent 1 Exceeds Standards/Good 101-21-0720 or Excellent 1 Exceeds Standards/Good 101-21-0730 or Excellent 1 Exceeds Standards/Good 101-21-0740 or Excellent 1 101-21-0750 Vacant 0 0 101-21-0760 Vacant 0 0 101-21-0770 Vacant 0 0 101-22-0230 Substandard/Dilapidated 97 97 101-22-0310 Vacant 101-22-0350 Standard/Fair 1 0 101-22-0430 Substandard/Dilapidated 1 1 101-22-0480 Substandard/Dilapidated 1 1 101-22-0490 Standard/Fair 2 0 101-22-0500 Substandard/Dilapidated 1 1 101-22-0550 Substandard/Dilapidated 1 1 101-22-0560 Substandard/Dilapidated 1 1 101-22-0570 Substandard/Dilapidated 2 2 101-23-0170 Vacant 101-23-0180 Vacant 101-23-0190 Vacant 101-23-0200 Vacant 101-23-0210 Standard/Fair 1 0 101-23-0420 101-23-0420 101-23-0430 Substandard/Dilapidated 1 1 101-23-0440 Substandard/Dilapidated 102-02-0030 Vacant 102-02-0050 Vacant 102-02-0070 Standard/Fair 6 0 102-02-0090 Substandard/Dilapidated 1 1 102-02-0100 Vacant 102-02-0110 Vacant 102-03-3030 Vacant 103-20-0040 Vacant 100-31-026D Substandard/Dilapidated 108 108 100-31-031A Substandard/Dilapidated 2 2 101-11-001F Vacant 101-11-001G Standard/Fair 1 0 101-11-002D Standard/Fair 1 0 101-11-002J Standard/Fair 1 0 101-11-002M Standard/Fair 1 0 101-11-002M Standard/Fair 1 0 101-11-003B Vacant 101-11-003D Vacant 101-11-010C Substandard/Dilapidated 6 6 101-11-010D Substandard/Dilapidated 1 1 101-11-014A Substandard/Dilapidated 1 1 101-11-014B Standard/Fair 1 0 101-11-016A Vacant 101-11-016B Substandard/Dilapidated 1 1 101-13-022B Substandard/Dilapidated 1 1 101-13-022C Substandard/Dilapidated 2 2 101-13-023G Vacant 0 0 101-13-023F Substandard/Dilapidated 0 0 Exceeds Standards/Good 101-13-023E or Excellent 1 0 101-13-062B Standard/Fair 1 0 101-13-065A Substandard/Dilapidated 1 1 101-13-065B Vacant 101-13-066G Substandard/Dilapidated 2 2 101-13-068A Substandard/Dilapidated 2 2 101-13-068B Vacant 101-13-109C Standard/Fair 5 0 101-15-004A Substandard/Dilapidated 4 4 101-15-013B Substandard/Dilapidated 1 1 101-19-010A Substandard/Dilapidated 1 1 101-19-010B Standard/Fair 1 0 101-19-011D Substandard/Dilapidated 78 78 101-19-012B Standard/Fair 3 0 101-19-012C Vacant 101-19-012D Substandard/Dilapidated 2 2 101-19-014A Vacant 101-19-015A Vacant 101-19-018A Substandard/Dilapidated 1 1 101-19-018B Substandard/Dilapidated 1 1 101-19-018C Substandard/Dilapidated 1 1 1011-9-018E Substandard/Dilapidated 1 1 101-19-021A Substandard/Dilapidated 1 1 101-19-021B Vacant 0 0 101-19-025A Vacant 101-20-003B Standard/Fair 2 0 101-20-003C Standard/Fair 1 0 101-20-003D Standard/Fair 2 0 101-20-004B Standard/Fair 2 0 101-20-004C Standard/Fair 1 0 101-20-004D Standard/Fair 2 0 101-20-004E Standard/Fair 2 0 101-20-007A Standard/Fair 1 0 101-20-007C Substandard/Dilapidated 1 1 101-20-007E Standard/Fair 1 0 101-20-008A Vacant 101-20-010C Standard/Fair 101-20-010D Standard/Fair 1 0 101-20-010E Standard/Fair 1 0 101-20-01OF Standard/Fair 1 0 101-20-01OG Standard/Fair 1 0 101-20-010H Standard/Fair 1 0 101-20-012B Substandard/Dilapidated 1 0 101-20-012D Substandard/Dilapidated 1 1 101-20-014A Standard/Fair 0 0 101-20-014B Vacant 0 0 101-20-014C Vacant 101-20-015B Substandard/Dilapidated 0 0 101-20-015D Substandard/Dilapidated 3 3 101-20-018A Vacant 0 0 101-20-018B Vacant 1 1 101-20-019A Vacant 101-20-035A Substandard/Dilapidated 101-20-035B Substandard/Dilapidated 1 1 101-20-040C Substandard/Dilapidated 1 1 101-20-047A Vacant 101-21-060A Vacant 0 0 101-21-060C Substandard/Dilapidated 1 1 101-21-060D Substandard/Dilapidated 1 1 101-21-06OF Substandard/Dilapidated 1 1 101-21-06OG Substandard/Dilapidated 1 1 101-21-060J Substandard/Dilapidated 1 1 101-21-065D Substandard/Dilapidated 5 5 101-21-066B Standard/Fair 1 1 101-21-066C Vacant 1 1 101-21-066D Substandard/Dilapidated 101-21-069A Substandard/Dilapidated 1 1 101-21-069B Substandard/Dilapidated 1 1 101-21-070A Substandard/Dilapidated 1 1 101-21-070B Substandard/Dilapidated 1 1 101-22-018B Vacant 1 1 101-22-019B Standard/Fair 101-22-020B Substandard/Dilapidated 152 152 101-22-022A Substandard/Dilapidated 1 1 101-22-022B Substandard/Dilapidated 1 1 101-22-024A Substandard/Dilapidated 69 69 101-22-025B Standard/Fair 1 0 101-22-025C Standard/Fair 3 1 101-22-026A Vacant 0 0 101-22-029A Standard/Fair 2 0 101-22-033E Substandard/Dilapidated 1 1 101-22-034C Substandard/Dilapidated 2 2 101-22-034D Vacant 1 1 101-22-034E Substandard/Dilapidated 101-22-034K Standard/Fair 1 0 101-22-044A Substandard/Dilapidated 2 2 101-22-044E Standard/Fair 1 0 101-22-044F Standard/Fair 1 0 101-22-0470 Vacant 1 1 101-22-058A Substandard/Dilapidated 101-23-004A Substandard/Dilapidated 1 1 101-23-004E Standard/Fair 101-23-004F Substandard/Dilapidated 1 1 101-23-004G Substandard/Dilapidated 1 1 101-23-007A Standard/Fair 1 0 101-23-009A Standard/Fair 0 0 Exceeds Standards/Good 101-23-024A or Excellent 1 0 101-23-024B Standard/Fair 1 0 101-23-028A Standard/Fair 1 0 101-23-032A Standard/Fair 1 0 Exceeds Standards/Good 101-23-042A or Excellent 1 0 101-23-045A Vacant 102-02-001B Vacant 102-02-002B Vacant 102-02-006B Vacant 102-02-006C Standard/Fair 1 0 102-02-006F Standard/Fair 4 0 102-02-008P Vacant 102-02-008S Standard/Fair 5 0 102-03-136A Vacant 102-03-300A Vacant 102-03-300B Vacant 102-03-300C Substandard/Dilapidated 0 0 102-03-136A Substandard/Dilapidated 1 1 103-19-027A Vacant 1 1 103-19-027A Vacant 103-19-028A Vacant 103-19-029C Vacant ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. PizoNr File ID: 20-356 Sponsor: Raquel Schatz Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Presentation and discussion for vacation of the dedicated Right-of-Way on the South half of the 33 foot Right-of-Way, located at 15th Avenue from Old West Highway to Wickiup Road, for the purpose of consolidating parcels for the development of the Apache Junction Office Warehouse. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 Public Works Department � 6� Home of the Superstition Mountains Date: August 4, 2020 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, Assistant City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patent Easements Proposed Resolution No. 20-09 (Extinguishment North half of 15th Avenue) Proposed Resolution No. 20-10 (Vacation South half of 15th Avenue) 15th Avenue from Old West Highway to Wickiup Road BACKGROUND Federal patent easements "FPEs" and public right-of-way "ROWS" are one means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to federal patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. In some cases FPEs have been dedicated as ROW. EXISTING CONDITIONS 15th Avenue from Old West Highway to Wickiup Road has never been opened for public use or maintained by the city. The road is classified as a local roadway. In addition, the FPEs and ROW do not provide access to any parcels which would be landlocked in the event of extinguishment or vacation. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. PURPOSE Randy Blount, President of Blount Contracting and part family owner, filed an application for the extinguishment and vacation of the above mentioned portions of roadway easements on February 19th, 2020. The applicatant owns all abutting parcels. The property owners desire the use of the 66 feet to consolidate the parcels for the development of AJ Offices Warehouse. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department e l2e- f p 1 Home o the Superstition Mountains > On June 15th, 2020, Larry Kirch and Emile Schmid did a presentation on "Public Policy Implications for Long-Range Transportation Planning with Federally Patented Easements" and this particular site falls under the category of Commercial Development/Redevelopment which staff recommended as an allowable circumstance where extinguishments would be considered. PROCESS In order to sell property owned by the city, the city must complete a 60 day public bid process. Signs were posted in the location of the right-of-way vacation on May 41h, 2020 and Notice of Public Sale was advertised in both the Arizoan Republic and AZCentral.com per ARS 9-402. Bid Opening was held on July 61h at the Clerk's Office with only one bid received. Blount Contracting Inc. was the sole bid received in the amount of$7,500.00. Fair Market Value was determined by the City Engineer, per the Pinal County Assessor value in the amount of$6,809. RECOMMENDATION Staff respectfully recommends that mayor and city council discuss the proposed extinguishment and vacation of 15th Avenue from Old West Highway to Wickiup Road. ACTION REQUIRED This item will be placed on council agenda on August 4th, 2020 under New Business and then on Consent Agenda on August 18th, 2020. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 20-10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT THE SOUTH HALF OF THE 33 FOOT 15TH AVENUE DEDICATED PUBLIC RIGHT- OF-WAY LOCATED BETWEEN OLD WEST HIGHWAY AND WICKIUP ROAD IS NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND IS HEREBY ABANDONED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY; APPROPRIATE STAFF SHALL ISSUE AND RECORD A WARRANTY DEED TO THE ADJACENT PROPERTY OWNER AFTER RECEIPT OF FAIR VALUE IS PROVIDED TO CITY. WHEREAS, pursuant to Apache Junction City Code Volume 1, § 13-2-4 (A) and A.R. S . § 28-7204, the city may abandon any dedicated public right-of-way it determines is no longer needed for public use; and WHEREAS, recently, there has been private development interest; and WHEREAS, to experience the full benefit of private development in this area, it is necessary to abandon 15th Avenue and merge it into the adjacent parcels to allow a larger parcel to be marketed for development; and WHEREAS, pursuant to Apache Junction City Code Volume 1, § 13-2-4, the director of public works sought comment on the abandonment concept from the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, based on the responses, the public works director recommended abandonment of the noted public right-of-way; and WHEREAS, the abandonment would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the adjacent owner of the property has agreed to compensate the city fair value for the right-of-way pursuant to A.R. S . § 36-1480; and RESOLUTION NO. 20-10 PAGE 1 OF 5 WHEREAS, pursuant to A.R. S . § 9-402, in order to sell property owned by a city, the city must complete a 60 day public bid process; and WHEREAS, such process has been completed, together with all public notifications, public postings and public hearings; and WHEREAS, Blount Contracting Inc, responded to the bid with favorable recommendation of staff. 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 of the City of Apache Junction find that the 15th Avenue dedicated public right-of-way, as described in Exhibit A and depicted in Exhibit B, is no longer necessary for public roadway purposes and, since the adjoining property owner has agreed to pay the fair value of the property pursuant to A.R. S . § 36-1480 through a public bid process, the right-of-way is hereby abandoned. 2) On or before August 18, 2020, staff is authorized to execute a warranty deed to the adjoining property owner and successful bidder, Blount Contracting Inc. , for the 15th Avenue right-of-way, in exchange for fair value, which the mayor and city council determines to be $7, 500 . 00 . 3) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. RESOLUTION NO. 20-10 PAGE 2 OF 5 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF NOVEMBER, 2015 . SIGNED AND ATTESTED TO THIS DAY OF NOVEMBER, 2015 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-10 PAGE 3 OF 5 �NSTANDAGE&Assocu TES, L TD. WILLIAM H. STANDAGE, P.E., R.L.S. CONSUL TING ENGINEERS Blount Contracting Federal Patent Easement Abandonment and Dedicated Right-of-Way Parcel 1 The South 33 feet of the North half of the Southeast Quarter of the Southwest Quarter,of the Northwest Quarter of Section 27,Township 1 North, Range 8 East,Gila and Salt River Base and Meridian; Except any portion lying within the Wickiup Road Rights of Way as recorded in Docket 150, Page 367, Pinal County Recorder,Arizona. Parcel 2 The North 33 feet and of the South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian; Except any portion within the Old West Highway and Wickiup Road Right of Way as recorded in Docket 392, Page 443, Pinal County Recorder,Arizona. And, The North 33 feet and of the South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian; Except any portion lying within the Old West Highway and Wickiup Road Right of Way;and A portion of the South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, Township 1 North, Range 8 East, Gila and Salt River Base and Meridian, Pinal County,Arizona,further described as follows: Commencing at the northeast corner of the Said South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, thence south along the east line of said South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, a distance of 53 feet to a point; thence west along a line parallel to and 53 feet south of the north line of said South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, a distance of 33 feet to the TRUE POINT OF BEGINNING;thence north along a line parallel to and 33'west of east line of said South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, a distance of 20 feet;thence west along a line parallel to an 33'south of the north line of said South half of the Southeast Quarter of the Southwest Quarter, of the Northwest Quarter of Section 27, a distance of 20 feet; thence proceeding in a southeasterly direction to the TRUE POINT OF BEGINNING, as recorded in Docket 1341, Page 447, Pinal County Recorder,Arizona. 409 S. EL DORADO-MESA,AR►ZONA 85202-P (480)892-8090-F (480)892-8545 engineering@standageeng.com 3 dd 3o z � i W ho' C bo J O W O E 2 � � 'ti ISill LU W I N U O 1z c� a� C � N E y ^ Z ►SR! ,!L'Wi ►I,law N 'L► � a Mar I,pQ7py 11,/QDO N {N ad z b ad NNE ` � �4 v . � Ct / 4w 41 139 'QN YJSIA 5 Mna Mysulaw s (�lszls (abralaon s ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. PizoNr File ID: 20-357 Sponsor: Raquel Schatz Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Presentation and discussion on the extinguishment of a Federally Patent Easement extinguishment for the North half of the 33 foot easement, located at 15th Avenue from Old West Highway to Wickiup Road, for the purpose of consolidating parcels for the development of the Apache Junction Office Warehouse. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 Public Works Department � 6� Home of the Superstition Mountains Date: August 4, 2020 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, Assistant City Manager Mike Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patent Easements Proposed Resolution No. 20-09 (Extinguishment North half of 15th Avenue) Proposed Resolution No. 20-10 (Vacation South half of 15th Avenue) 15th Avenue from Old West Highway to Wickiup Road BACKGROUND Federal patent easements "FPEs" and public right-of-way "ROWS" are one means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to federal patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. In some cases FPEs have been dedicated as ROW. EXISTING CONDITIONS 15th Avenue from Old West Highway to Wickiup Road has never been opened for public use or maintained by the city. The road is classified as a local roadway. In addition, the FPEs and ROW do not provide access to any parcels which would be landlocked in the event of extinguishment or vacation. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. PURPOSE Randy Blount, President of Blount Contracting and part family owner, filed an application for the extinguishment and vacation of the above mentioned portions of roadway easements on February 19th, 2020. The applicatant owns all abutting parcels. The property owners desire the use of the 66 feet to consolidate the parcels for the development of AJ Offices Warehouse. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department e l2e- f p 1 Home o the Superstition Mountains > On June 15th, 2020, Larry Kirch and Emile Schmid did a presentation on "Public Policy Implications for Long-Range Transportation Planning with Federally Patented Easements" and this particular site falls under the category of Commercial Development/Redevelopment which staff recommended as an allowable circumstance where extinguishments would be considered. PROCESS In order to sell property owned by the city, the city must complete a 60 day public bid process. Signs were posted in the location of the right-of-way vacation on May 41h, 2020 and Notice of Public Sale was advertised in both the Arizoan Republic and AZCentral.com per ARS 9-402. Bid Opening was held on July 61h at the Clerk's Office with only one bid received. Blount Contracting Inc. was the sole bid received in the amount of$7,500.00. Fair Market Value was determined by the City Engineer, per the Pinal County Assessor value in the amount of$6,809. RECOMMENDATION Staff respectfully recommends that mayor and city council discuss the proposed extinguishment and vacation of 15th Avenue from Old West Highway to Wickiup Road. ACTION REQUIRED This item will be placed on council agenda on August 4th, 2020 under New Business and then on Consent Agenda on August 18th, 2020. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 20-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THE NORTH HALF OF THE 33 FOOT FEDERALLY PATENTED EASEMENT LOCATED ON 15TH AVENUE FROM OLD WEST HIGHWAY TO WICKIUP ROAD, ARE NO LONGER NECESSARY FOR PUBLIC USE AS FEDERALLY PATENTED EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHTS-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, pursuant to the Small Tract Act of 1938 (52 Stat. 609, as amended, 43 U. S .C. 682a-682e) , as more fully described in Exhibit A and depicted in Exhibit B; and WHEREAS, the reason for the extinguishment request is to consolidate surrounding parcels for the development of AJ Office Warehouses; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on February 19, 2020, the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code Volume I, § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code Volume I, § 13-2-4, the director of public works on November 19, 2019, submitted copies of the application for comment to the development services director, the public safety director, the Superstition Fire and Medical District, as well as all public utility providers; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the city engineer has determined that the easement in question, because of its location, topography, and encroachments therein, have no or de minimis public value. RESOLUTION 20-09 PAGE 1 OF 4 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 of the City of Apache Junction find that the public roadway easement, as described in Exhibit A and depicted in Exhibit B, is classified as local streets on the Street Classification Plan and is no longer necessary for public roadway purposes, have no or de minimis public value, and is hereby extinguished for public roadway purposes . 2) Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION 20-09 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-19-030) The South thirty-three feet (33' ) of the North half of the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East thirty three feet (33' ) THEREOF; RESOLUTION NO. 20-09 PAGE 3 OF 4 EXHIBIT "B" 12TH _ AVENUE _ c, I I I I I I I I I I I<0 I 021A I I I I I 023A Y U_ I I ICI I I I I I _ AVENUE III - - II 031 C 030 I I I I I I 150-367 031 B AVENUE ST I I I I 'yi 029D I I cy�',9Y 031 D I I I I I I LEGEND 33 66' _ 3' PROPOSED EXTINGUISHMENT PREVIOUSLY EXTINGUISHED I� 33, DEDICATED RIGHT-OF-WAY TO REMAIN --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE 119-086 PATENT DEED(S) cn RESOLUTION NO. 20-09 F-: z ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 11. Piz File ID: 20-350 Sponsor: Jeff Serdy Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Presentation, discussion, and possible direction to staff on the implementation of the 2.5% step increase which was funded in the approved Fiscal Year 2020-2021 Final Budget. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 12. Piz File ID: 20-355 Sponsor: Bryant Powell Agenda Date: 8/4/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, August 17, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, August 18, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026