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HomeMy WebLinkAbout2024 03.19 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, March 19,2024 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. 24-069 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 4-071 Consideration of approval of minutes of the regular meeting of March 5, 2024. Sponsors: Jennifer Pena Attachments: CCMIN 2024 03 05 MINUTES GRAFT 3. 24-067 Consideration of approval of Resolution No. 23-37, a Federally Patent Easement(FPE) Extinguishment of 7th Avenue (alignment)from Conestoga Road to Cortez Road for purpose of future development with the acknowledgement that current setbacks remain in place until the Utility Easements are Extinguished. Sponsors: Ted Wolff Attachments: Res 23-37 Council Memo Res 23-37 Resolution Res 23-37 Presentation City of Apache Junction,Arizona Page 1 Printed on 311812024 City Council Meeting Agenda March 1V.2024 4^ 24-0#89 Consideration nf approval cf Resolution No. 24-05. a Federally Patent Easement(FPE) Extinguishment of Roundup Street(a|ignment)for purpose of future development of undeveloped parcels inside the Apache Junction Town Home Development. Souomms: Ted Wolff Attachments: Res 24-05 Council Memo 20240304 Res 24-05 Resolution Res 24-05 Presentation 20240304 5. 24-139 Consideration of award of contract toViaoun Corporation for sidewalk and traffic signal pedestrian facility improvements at the intersection of Southern Avenue and Ironwood Drive. The work would bethrough Pina| County cooperative job order Contact No. 175623in the amount of$2G7.703.64 plus at1OY6 contingency for unforeseen change orders in the amount of$28.770.38 for a total project cost not toexceed $284.573.0U. Work will result in updated pedestrian facilities and compliance with Americans with Disabilities Act regulations. Work is planned ho take place in the April-June 2024 time frame. Sponsors: Ted Wolff Attachments: G. Consideration of approval of Resolution No. 24-12 authorizing the Cib/ to terminate the agreement with yWoricnpo Regional 911 and to apply for and accept e reimbursement grant for costs associated with AT&T Telecommunications for equipment, maintenance and operations of the City of Apache Junction's Public Safety Answering Point. Sponsors: yNioham| Poo|my Attachments: Resolution 24-12 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. 7~ Proclamation designating yWenoh 29, 3024' as "Vietnam War Veterans Day." Smoosmmc Jennifer Pena Attachments: 8, 24-138 Proclamation designating the week of April 2nd - 8th. 2024an "International Dark Sky VVeek." Sponsors. Ke|eeySohaVnik Attachments: International Dark Sky Week Proclamation 2024 City vr Apache Junction,Arizona Page Printed vnxnuoouv City Council Meeting Agenda March 19,2024 F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 9. 24-073 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson 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. 10. 24-074 City Manager's Report. Sponsors: Bryant Powell 11. 24-07 Presentation and discussion by Tony Smith from Pinal Partnership regarding new projects and future plans. Sponsors. Bryant Powell 12. 24-104 Presentation and discussion with Mary Ann Przybylski, President/CEO of the Apache Junction Chamber of Commerce, on the operation of the local visitor information center. Sponsors: Bryant Powell 13. 24-077 Announcement of Current Events. Sponsors: Matt Busby 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. 14. 24-163 Presentation, discussion, public hearing and consideration of Resolution No. 24-11, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-23-119-PZ, (applicant: Frances McGregor of Phoenix Metro Towing) authorized under Ordinance No. 1548 for a Planned Development Rezoning, repealing any conflicting provisions and providing for severability. Sponsors: Nicholas Leftwich Attachments: Staff Memo Staff Report P-23-119-PZ Resolution No 24-11 Resolution No 24-11 Legal Description and zoning conditions City of Apache Junction,Arizona Page 3 Printed on 311812024 City Council Meeting Agenda March 19,2024 15. 24-13 Presentation, discussion, public hearing and consideration of Ordinance No. 1548, Case P-23-119-PZ, a proposed planned development rezoning requested by Frances McGregor of Phoenix Metro Towing to rezone Parcels 102-20-014C& 102-20-014D, approximately 5 gross acres currently zoned General Rural Low Density Single-Family Detached Residential("RS-GR")and Industrial by Planned Development("B-5/PD")to Industrial by Planned Development("B-5/PD")with a new planned development overlay to authorize the development an office and tow yard. Sponsors:_ Nicholas Leftwich Attachments: P-23-119-PZ CC-MEMO P-23-119-PZ Staff Report with attachements Ordinance No, 1548 Resolution No.24-11 LEGAL DESCRIPTIONS AND ZONING CONDITIONS OF CAS 16. 24-145 Presentation, discussion, public hearing, and consideration of Ordinance No. 1546, approving a text amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-17: § 1-17-1 Definitions, Recreational Vehicle; repealing any conflicting provisions; and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Sponsors: Erika Hernandez Attachments: Ordinance 1546 P-23-127-AM Staff Report 2-27-24 P-23-127-AM CC Staff Memo Redlined 2024 Amendments to Article 1-17 Definitions RV 2024 Amendments to Article 1-17 Definitions RV 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 4 Printed on 311812024 City Council Meeting Agenda March 19,2024 17. 24-105 Presentation, discussion and consideration of Resolution No. 24-07 for continuing participation in the Arizona Metropolitan Trust employee benefits program. Sponsors: Anna McCray Attachments: Staff Memo Res. No. 24-07 Resolution No.24-07 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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 5 Printed on 311812024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-069 Sponsor:Jennifer Pena Agenda Date:3/19/2024 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 311812024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-071 Sponsor:Jennifer Pena Agenda Date:3/19/2024 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of March 5, 2024. City of Apache Junction,Arizona Page 1 Printed on 311812024 City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Meeting Minutes 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,March 5,2024 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Cross gave the invocation and Councilmember Heck led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 6- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Cross Councilmember Soller Excused: 1 - Councilmember Johnson Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Ted Wolff, Public Works Director Evie McKinney, Deputy City Clerk Raquel Schatz, Public Works Project Engineer D. CONSENT AGENDA Councilmember Cross moved,seconded by Councilmember Heck to approve the Consent Agenda. Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Cross and Councilmember Soller No: 0 Excused: 1 - Councilmember Johnson 1. 24-0 6 Consideration of acceptance of agenda. City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes March 5i2V24 2' Consideration of approval of minutes of the regular meeting of February 20. 2U24. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 3. Brief summary of intergovernmental updates from nn@yOr and counci|noernbers. Councilmember Cross announced a great success with the 3rd Annual Pony Express held this past Saturday. The event brought forth a donation to the Cowboys For Kids in the amount of $1,000.00, Councilmember Heck thanked everyone that participated or volunteered with the Lost Dutchman Days event. |t was another successful year, and now that the City owns the Rodeo Grounds more opportunities will bo offered at the future annual events. Mayor Wilson commented on the ouooeoo of the Pony Express event. He had the pleasure of partaking in the delivery and collection of various pnroa|o. He gave thanks and appreciation to the Apache Junction Police Department for their professional assistance with escorting through intersections and keeping all the horses and riders safe. He also shared that he received many compliments for a very well ran Lost Dutchman Days, and offered his thanks and appreciation to all involved. He stated District Senator Wendy Rogers was a participant in the parade, and later attended the rodeo and other festivities and enjoyed her time immensely. Mayor Wilson attended a luncheon on March 5, 2024, at the state capitol that recognized Arizona's 15 county fairs. He shared invitations from three o[Apache Junction's young citizens that participate in the |000| "Country Kiokom4-H C|ub", to attend the festivities for the Pina| County Fair. held March 13-17. 2024. at 11 Mile Corner in Coolidge, AZ. G. CITY MANAGER'S REPORT 4' City yW@D8g8['S Report. City Manager Bryant Powell shared a reminder to Mayor, Councilmembers and staff regarding the Lost Dutchman Resort Neighborhood Meeting scheduled for Wednesday, March 8, 2024. at8:3Ou.m. Mr. Powell expressed his thanks and appreciation tothe Parks and Recreation department, Public Works, Apache Junction Police Department and the Superstition Fire and Medical District for a nuoo*oafu| Loot Dutchman Days weekend. He also commented that this event could not be done without the Mayor and Council support to staff and all the volunteers. Beautiful photos of the various events were shared, and he reminded everyone that we are a learning organization and each year offers more opportunities to improve on things such as parking. FEMA flood maps are updated every 5-7 years. An Open House was recently held to share upcoming map changes tn Apache Junction residents. This update in typically on 18 month pnooaoo. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes March 5,2024 Memorial Services will be held for our previous Mayor Johnny Insalaco on March 13, 2024, at St. George's Catholic Church, 300 E. 16th Avenue,Apache Junction, AZ. Rosary will begin at 9:30 a.m., and services at 10:00 a.m. will be followed with a reception at the church.At 1:00 p.m. a second reception will be held at the VFW#9399, 133 N. Saguaro Drive, Apache Junction, AZ. 5. 24-07 Presentation and discussion on Pinal County and City of Apache Junction Transportation Maintenance and Improvement Fund. City Manager Bryant Powell introduced Pinal County Deputy Director of Public Works/Developemnt Services Andy Smith to share a presentation on the Pinal County and City of Apache Junction Transportation Maintenance and Improvement Fund. Mr. Smith explained there are three revenue sources used for road maintenance and improvements within Pinal County. These are Vehicle License Tax(VLT), Highway User Revenue Fund (HURF)and a half-cent excise tax, which is referred to as the Transportation Maintenance and Improvement Fund (TMIF). The HURF tax has not increased since 1991. The half-cent excise tax was enacted in 1985, and went into effect in 1986. This tax was renewed in 2005 at the same percentage and will expire in 2026. This will most likely be on the November 2024 ballot for an extension, again at the same percentage of one half-cent. Pinal County Government Relations& Policy Advisor Tami Ryall shared that some of the TMIF goals are to improve Public Safety services by offering safer intersections and well-connected streets, manage growth by assisting Pinal County residents with reduction in congestion, protect the taxpayers by ensuring roads last longer with preventative maintenance, and improve air quality by paving dirt roads to reduce airborne dust pollution. She shared financial history that directly impacts Apache Junction. During the Fiscal Year(FY)2022/2023 Apache Junction received $3.6 million from this fund, and thus far in FY 2023/2024 this amount has totaled $2.2 million. Disbursement level is based on population size. Due to the increase of Apache Junction residents from the development on the state land to the south this amount will increase accordingly. Apache Junction Public Works Director Ted Wolff shared how this fund has specifically impacted Apache Junction since the inception of the tax, by completion of 83 lane miles of repaving, 75 lane miles of pavement preservation, 9 lane miles of additional bike lanes, 4 lane miles of added sidewalks, 2 signalized intersections, 4 new street drainage improvements and 9 traffic signal safety enhancements The County has been researching the collection and disbursement of the funds for the life of the tax and will be sharing through public outreach to Pinal County residents. Ms. Ryall shared the various methods of getting information out to the public to impress the importance of this fund. An Open House will be offered in Apache Junction on March 26, 2024, from 4:30 p.m. - 7:30 p.m. at the Multi-Generational Center, 1035 N. Idaho Road, Apache Junction, AZ. Information will also be shared through the City's website at www.apachejunctionaz.gov. 6. 24-076 Announcement of Current Events. Assistant City Manager Matt Busby shared the following upcoming events: *Household Hazardous Waste Day, March 9, 2024, 8:00 a.m. - 12:00 p.m. 575 E. Baseline Avenue, Apache Junction *Pickleball With the Police, March 15, 2024, 8:00 a.m. - 10:00 a.m., 1091 W. Southern Avenue, Apache Junction. Proceeds will benefit the Special Olympics of Arizona. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes March 5,2024 *Blues & Brews Festival, March 9, 2024, 11:00 a.m. -5:00 p.m., Flatiron Community Park H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 7. 2 -103 Presentation and discussion providing an update on the city's ongoing efforts to address park usage and community concerns related to parks and open space within city limits. Management Analyst Rob Wisler presented a review and update on the activity of use at Flatiron Park and the volume of complaints received through the City's social media platforms regarding homelessness in the area. In September 2023 the City implemented new parking regulations and a Code of Conduct policy to regulate behavior by park users. Additional staffing has been added. Up to date there has been a decrease of 59% in calls for Public Safety service, a considerable decrease in the number of complaints through social media and the impact of homeless individuals has significantly decreased in the downtown area. Mr. Wisler also shared various cleanup activities that have been addressed by a working group formed in August 2023. East Valley Backcountry Horsemen have been assisting with this cleanup effort. Before and after photos were shared of various cleanup areas. Overall, 56 sites have been cleaned by city staff and volunteers, and the estimated worth of these clean up efforts is more than $10,000. Council comments included the amount of trash created from the styrofoam products that are used for food give away from local charities, incentives offered and enforcement of rules. Police Chief Michael Pooley shared the challenges in enforcing the rules and assigning citations. He mentioned the partnership with Horizon Health &Wellness, which has a homeless outreach team that goes out daily to visit one-on-one with the homeless individuals in Apache Junction and throughout Pinal County . Since July of 2023 contact has been made with 62 homeless individuals in the Apache Junction area, resulting in 37 of them now being housed. It was also shared that the Park Rangers do hand out trash bags to encourage cleanup efforts throughout the City. 8. 24-086 Presentation and discussion on Resolution No. 23-37, a Federally Patent Easement (FPE) Extinguishment of 7th Avenue (alignment) from Conestoga Road to Cortez Road for purpose of future development with the acknowledgement that current setbacks remain in place until the Utility Easements are Extinguished. Project Engineer Raquel Schatz shared history regarding Federally Patented Easements, (FPE). She stated that for the area of 7th Avenue (alignment) FPE from Conestoga Road to Cortez Road has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment.Area transportation would not be adversely affected by an extinguishment. The purpose of this extinguishment is that the owner wishes to obtain a building permit for a future development on the property. Ms. Schatz concluded that Staff is recommending approval of this extinguishment. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes March 5i2V24 9' Presentation and discussion on Resolution No. 24-05, a Federally Patent Easement (FPE) Extinguishment of Roundup Street (o|iQnment)for purpose of future development of undeveloped parcels inside the Apache Junction TOvvnhO08Development. Project Engineer Raquel Schatz presented the unique case with this area, where the requested extinguishment alignment lies within an existing development. The Roundup Street(north alignment) Federally Patent Easement, (FPE)was leftover from the previous development, Apache Junction Tovvnhomon. This alignment has never been maintained by the city and is not classified as local roadway. In addition. the FPEdoao not provide access toany parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. The owner of the underlying property filed an application for the extinguishment. He is seeking this extinguishment to build the north side of Roundup Street and obtain building permits for a new development. Ms. Schatz concluded that Staff recommends approval of this extinguishment located on Roundup Street. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Dan Tone, 1890S. Cedar Drive, Apache Junction, ohonad his concerns regarding speeding traffic in his neighborhood on Cedar Drive, and the lack of citations being issued for speeding. Andre yWeak. 1327S. Be|air Road, Apache Junction, commented on the positive results regarding the placement ofhomeless individua|e, the uncontrolled trash buildup in homeless encampments, and landfill fee reduction for volunteer time and resources to clean up these areas. Donna Carr, 2178 W.Virginia Street, Apache Junction, expressed her concerns regarding crime in the area, towing services and the quality nf our water. Catherine Meek, 1327G. Bo|air Road, Apache Junction, shared upcoming events scheduled ot the Superstition Mountain Museum. Council requested staff to address the speeding concern nn Cedar Drive. N. ADJOURNMENT Mayor Wilson adjourned the meeting atO:14p.m. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes March 5,2024 ACCEPTED THIS DAY OF 2024, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2024. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2024. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2024. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 24-087 Sponsor:Ted Wolff Agenda Date:3/19/2024 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 23-37, a Federally Patent Easement(FPE) Extinguishment of 7th Avenue (alignment)from Conestoga Road to Cortez Road for purpose of future development with the acknowledgement that current setbacks remain in place until the Utility Easements are Extinguished. City of Apache Junction,Arizona Page 1 Printed on 311812024 Public Works Department stt p -� Home of the Superstition Mountains Date: March 4, 2024 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Raquel Schatz, Project Engineer Subject: Federal Patented Easements Proposed Resolution No. 23-37 7t"Avenue from Conestoga Road to Cortez Road BACKGROUND Federally Patented Easements ("FPEs") were created by federal law and inherited by the city from Pinal County upon city formation and subsequent annexations. They are the means whereby properties are accessed by citizens in portions of Apache Junction to mitigate the need of acquisition to serve 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. EXISTING CONDITIONS The 7t"Avenue (alignment) FPE from Conestoga Road to Cortez Road has never been maintained by the city and is not classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment. PURPOSE Jeffrey Armstrong, owner of the underlying property, filed an application for the extinguishment on October 24, 2023. He is seeking an extinguishment to obtain a building permit, with a design of future development on private property. The extinguishment would provide a reduction of setbacks once all of the utility easements have been extinguished. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Public Works Department AV w"Y wr Home of the Superstition Mountains PROCESS Once the easement has been extinguished,the property owner can apply for a building permit using the property line as opposed to the existing FPE as the setback boundary. The property owner is working with the utility providers to extinguish the utility easements as a requirement from the development services department to obtain the building permit. RECOMMENDATION Staff recommends extinguishment of the 7t"Avenue from Conestoga Road to Cortez Road. ACTION REQUIRED After tonight's presentation and discussion, this item will be placed on consent agenda scheduled for March 19t", 2024. 575 E.Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 23-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING A FEDERALLY PATENTED EASEMENT LOCATED AT 7TH AVENUE (ALIGNMENT) FROM CONESTOGA ROAD TO CORTEZ ROAD, IS NO LONGER NECESSARY FOR PUBLIC USE AS A FEDERALLY PATENTED EASEMENT AND IS HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, upon incorporation, the City of Apache Junction, an Arizona municipal corporation, became the holder of roadway easements, also known as federally patented easements "FPEs", 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, an FPE may be extinguished by a local municipal government pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on October 24th, 2023 the applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code, Vol . I, § 13-2-4 (H) ; and WHEREAS, the reason for the FPE extinguishment request is for future development acknowledging that utility extinguishments will be required; and WHEREAS, pursuant to Apache Junction City Code, Vol . I, § 13-2-4, the director of public works on November 29th, 2023, 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 FPE in question, because of its location, topography, and encroachments therein, have no or de minimis public value . RESOLUTION NO. 23-37 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 FPE, as described in legal description and map set forth in the attached exhibits, is classified as a local street on the street classification plan and is no longer necessary for public roadway purposes, has 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 FPE. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 20—. SIGNED AND ATTESTED TO THIS DAY OF 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-37 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-04-051B) The South thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty-three feet (33' ) and East forty feet (40' ) THEREOF; AND PARCEL 2 (Adjacent to parcel 103-04-069B) The East thirty-three feet (33' ) of the North thirty-three feet (33' ) of the Southwest quarter of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; AND PARCEL 3 (Adjacent to parcel 103-04-070B and 103-04-070C) The North thirty-three feet (33' ) of the Southeast quarter of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East forty feet (40' ) THEREOF; RESOLUTION NO. 23-37 PAGE 3 OF 4 EXHIBIT "B" 0 I I 1 1 'Q QO' , Ip wI I w1 I I AVENUE - - I - - - - IC5 -I i1 OF- 051 A x O i zl 011 B 011 A �I O' ¢ I I v 051B Iu) ' I I 210-4787-7 - 8 I 174-2 D7 195-316 I I 069B i 070B 070C I I I I I i - - - - L - - i- - - � BRO AVENUE � 1 1 I I I I , O I I LEGEND - - 66' - 3' PROPOSED EXTINGUISHMENT �- - - PREVIOUSLY EXTINGUISHED -- 33' T DEDICATED RIGHT-OF-WAY TO REMAIN --- ROAD CENTERLINE TYPICAL FPE/ROW DIMENSION - - - - FEDERAL PATENT EASEMENT (UNLESS OTHERWISE NOTED) PROPERTY LINE RESOLUTION NO. 23-37 119-086 PATENT DEED(S) PAGE 4 OF 4 z E OLUTION NO . 23 = 37 PU LIC WO K DEPA TMENT OADWAY EA EMEN EX INGU ,l HMEN y MARCH4 '2024 , , a. n .............................................. 4 , x{ n t « r r a 4 i t �r D- s�N I„ y= w n i Z t. r i , 7" ati 2 i,} i rry S . t" n r) tr sYi, .7. f t 4 3 t, I, i� t t . rt r s t rt r t � s ;5 t: fr 5 t }. ft i r.{ r t t :s k t 4 t ¢tt i tLt RESOLUTION 23 - 37 Roadway Basement Extinguishment 7th Ave (alignment) from Conestoga to Cortez Rd r � PF- 'A 'AAA r -,me • 1Vol , • 1 • • PROCESS • Completed Application • Application • Support Petition • Proposition 207 Forms • Fee • Contact Emergency respondents and Public Utili I roviders ignment not maintained by City. in Easement outlined red) previewed bv bath Public Works and Development Services to be extinguished. 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