City of Apache Junction, Arizona Page 1

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1 Monday, November 16, 2015 City of Apache Junction, Arizona Agenda City Council Work Session 7:00 PM Meeting location: City Council Chambers at City Hall 300 E Superstition Blvd Apache Junction, AZ Ph: (480) City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. Interview of applicants for remaining vacancies on the Planning and Zoning Commission, Board of Adjustment and Parks and Recreation Commission. Council previously discussed using the November 16 work session and November 17 regular meeting to interview applicants and make appointments to any remaining vacancies on the listed boards and commissions. 2. Presentation and discussion on proposed Resolution No , declaring portions of federally patented easements located at Junction Drive from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Drive, and Outpost Road from Old West Highway to Junction Drive, are no longer necessary for public use as federally patented easements and are hereby extinguished as present and future public right-of-way. 3. Presentation and discussion on proposed Resolution No , declaring that portions of dedicated public rights-of-way located on 2nd Avenue between Idaho Road and Explorer Road and located on Explorer Road between 2nd Avenue and Junction Street are no longer necessary for public use as roadways and are hereby abandoned as present and future public rights-of-way. 4. Presentation and discussion on possible amendment to both the operational agreement and Ordinance No.1034 related to the landfill located south of Baseline Road at the Tomahawk alignment. City of Apache Junction, Arizona Page 1 Printed on 11/9/2015

2 City Council Work Session Agenda November 16, 2015 D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a 6:00p, excluding holidays, from the City Clerk s office located at: 300 East Superstition Boulevard, Apache Junction, AZ The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at (480) or TDD (480) City of Apache Junction, Arizona Page 2 Printed on 11/9/2015

3 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 1. File ID: Sponsor: Kathy Connelly Index: Agenda Date: 11/16/2015 In Control: City Council Work Session Interview of applicants for remaining vacancies on the Planning and Zoning Commission, Board of Adjustment and Parks and Recreation Commission. Council previously discussed using the November 16 work session and November 17 regular meeting to interview applicants and make appointments to any remaining vacancies on the listed boards and commissions. Attachments: City of Apache Junction, Arizona Page 1 Printed on 11/9/2015

4 Board/Commission Board of Adjustment Construction Code Board of Appeals (two vacancies) Industrial Development Authority (two vacancies) Applicants Interested Term Expiration Previous Appointments Jodene Weeter 10/31/17 MPC and Public Safety Personnel Retirement Board *Frank Schoenbeck **Nicholas Cannizzaro 10/31/16 architect 10/31/17 contractor 10/31/20 General Information Applicants are not qualified for vacant positions *indicated at interview his interest in any position **not a city resident Sue Warner was interviewed but not appointed. She was interested in the Health and Human Services Commission and Parks and Recreation Commission but also stated she would be interested in serving on other boards. The following persons already appointed have expressed an interest in other positions: James Burczewski member of Board of Adjustment Chester Burgess member of Board of Adjustment, Construction Code Board of Appeals, Library Board Michael Frank member of Construction Code Board of Appeals, Planning and Zoning Jesse Gage member of Board of Adjustment Willie Howard member of Board of Adjustment, Parks and Recreation Jane Jones member of Board of Adjustment, Industrial Development Authority Carol Kauscher member of Health and Human Services Jason Moeller member of Industrial Development Authority Theresa Nesser member of Library Board, Parks and Recreation, Planning and Zoning Loretta Nielsen member of Library Board Wayne Standage member of Municipal Property Corporation, Parks and Recreation Jeff Struble member of Industrial Development Authority, Municipal Property Corporation

5 Barbara Duft From: Sent: To: Subject: Kathy Connelly Wednesday, November 04, :32 PM Barbara Duft FW: board and commission status Attachment for the item on the 11/16 and 11/17 agendas for the planning and zoning commission vacancy. kc From: willie howard Sent: Wednesday, November 04, :21 PM To: Kathy Connelly Subject: Re: board and commission status Hello Kathy: I am interested in serving on the Planning and Zoning Commission. I understand if is necessary for me to resign from the Board of Adjustment and the Parks and Recreation Commission, I will resign from the Board of Adjustment and the Parks and Recreation Commission to be appointed to the Planning and Zoning Commission. Please contact me if there are additional questions. Willie Howard Cell Home On Wed, Nov 4, 2015 at 12:20 PM, Kathy Connelly <kconnelly@ajcity.net> wrote: Good afternoon. As we discussed, there is currently a vacancy on the city s planning and zoning commission resulting from the resignation of a long-time member for health reasons. At last night s meeting, the mayor and council discussed filling this vacancy including your possible interest in serving on the commission. If you are so interested, it would be necessary for you to resign from both the board of adjustment and the parks and recreation commission. If you would be willing to do so, please do so in writing by either or letter and I will provide your response to the mayor and council. The council will be discussing this vacancy at their November 16 work session and considering filling the position at their November 17 th regular meeting. Please plan on attending these meetings. Thank you. Kathy Connelly, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ

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7 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 2. File ID: Sponsor: Raquel Schatz Index: Community Infrastructure Agenda Date: 11/16/2015 In Control: City Council Work Session Presentation and discussion on proposed Resolution No , declaring portions of federally patented easements located at Junction Drive from Explorer Road to Outpost Road, 2nd Avenue from Idaho Road to Outpost Road, 3rd Avenue from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Drive, and Outpost Road from Old West Highway to Junction Drive, are no longer necessary for public use as federally patented easements and are hereby extinguished as present and future public right-of-way. Attachments: City of Apache Junction, Arizona Page 1 Printed on 11/9/2015

8 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: November 3, 2015 To: Through: From: Subject: Honorable Mayor and Members of the City Council Bryant Powell, City Manager Giao Pham P.E., Public Works Director Raquel Schatz, Project Engineer Extinguishment of Federal Patent Easements Old West Marketplace Junction Dr, 2 nd Ave, 3 rd Ave Alignment, Explorer Rd, Outpost Rd Proposed Resolution No Federal Patent Easements (FPEs) 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 rightof-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. These roadways are classified as a local roadways. In addition, the FPEs do 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 of these portions of roadway easements. Sustainability Engineering Group filed an application for the extinguishment of the above mentioned portions of roadway easements on July 15th, The application included a support petition signed by the adjacent property owners, who support the extinguishment petition. The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E. Baseline Avenue, Apache Junction, AZ Voice (480) Fax (480)

9 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING PORTIONS OF FEDERALLY PATENTED EASEMENTS LOCATED AT JUNCTION STREET FROM EXPLORER ROAD TO OUTPOST ROAD, 2 ND AVENUE FROM IDAHO ROAD TO OUTPOST ROAD, 3 RD AVENUE ALIGNMENT FROM OLD WEST HIGHWAY TO EXPLORER ROAD, EXPLORER ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, AND OUTPOST ROAD FROM OLD WEST HIGHWAY TO JUNCTION STREET, 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 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, recently, there has been private development interest for the northeast corner of Idaho Road and Old West Highway; and WHEREAS, to experience the full benefit of private development in this area, it is necessary to extinguish these roadway easements and merge it into the adjacent parcels to allow a larger parcel to be marketed for development; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S and ; and WHEREAS, the Mayor and the City Council finds it to be in the best interest of the City of Apache Junction to extinguish Junction Street from Explorer Road to Outpost Road, 2 nd Avenue from Idaho Road to Outpost Road, 3 rd Avenue Alignment from Old West Highway to Explorer Road, Explorer Road from Old West Highway to Junction Street, and Outpost Road from Old West Highway to Junction Street as a public roadway easement; and RESOLUTION NO PAGE 1 OF 5

10 WHEREAS, pursuant to Apache Junction City Code , the Director of Public Works on July 15, 2015, submitted for comment a copy of the proposed extinguishment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as all public utility providers; and WHEREAS, based on the responses, the Public Works Director recommended extinguishment of the noted easements; and WHEREAS, the extinguishments, if approved, will 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 easements in question, because of their location, topography, and encroachments, have no or de minimis public value. 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 easements, as described in Exhibit A and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for public roadway purposes, have no or de minimis public value, and are 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, SIGNED AND ATTESTED TO THIS DAY OF, RESOLUTION NO PAGE 2 OF 5

11 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 3 OF 5

12 EXHIBIT A PARCEL 1 (Adjacent to parcel ) A thirty-three foot (33 ) strip along the boundary of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; PARCEL 2 (Adjacent to parcel B & A) A thirty-three foot (33 ) strip along the boundary of the North half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT any portion lying Southerly of the Northerly right-of-way line of Old West Highway (formerly U.S. Highway & 89); PARCEL 3 (Adjacent to parcel B) The North and East thirty-three feet (33 ) of the South half of the Southwest quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT any portion lying Southerly of the Northerly right-of-way line of Old West Highway (formerly U.S. Highway & 89); PARCEL 4 (Adjacent to parcel ) A thirty-three foot (33 ) strip along the boundary of the West half of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT any portion lying within the right-of-way of Old West Highway (formerly U.S. Highway & 89); RESOLUTION NO PAGE 4 OF 5

13 EXHIBIT "B" JUNCTION STREET IDAHO ROAD EXPLORER ROAD 0610 OUTPOST ROAD WINCHESTER ROAD SECOND AVENUE 062B OLD WEST HIGHWAY 062A B FOURTH AVENUE N.T.S

14 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 3. File ID: Sponsor: Raquel Schatz Index: Community Infrastructure Agenda Date: 11/16/2015 In Control: City Council Work Session Presentation and discussion on proposed Resolution No , declaring that portions of dedicated public rights-of-way located on 2nd Avenue between Idaho Road and Explorer Road and located on Explorer Road between 2nd Avenue and Junction Street are no longer necessary for public use as roadways and are hereby abandoned as present and future public rights-of-way. Attachments: City of Apache Junction, Arizona Page 1 Printed on 11/9/2015

15 Public Works Department City of Apache Junction Home of the Superstition Mountains Date: November 3, 2015 To: Through: From: Subject: Honorable Mayor and Members of the City Council Bryant Powell, City Manager Giao Pham P.E., Public Works Director Raquel Schatz, Project Engineer Vacation of Dedicated Right-of-Way Old West Marketplace 2 nd Avenue from Idaho Rd to Explorer Rd Explorer Road from 2 nd Avenue to Junction Dr Proposed Resolution No A portion of 2 nd Avenue from Idaho Road to Explorer Road and Explorer Road from 2 nd Avenue to Junction Drive, is dedicated right of way with a wideth of 33. The resolution to vacate that portion of 2 nd Avenue and Explorer Road which is dedicated rightof-way, Resolution 15-31, is being brought before Mayor and City Council in conjunction with Resolution 15-29, in which the remaining portions inside the development known as Old West Market Place are federal patent easements and are recommended for extinguishment. Per Arizona Revised Statutes, the vacation of City owned dedicated right-of-way requires a public sale. Per the statute requirement, a sixty day notification of public sale was posted along the roadway and advertised fofor the minimum number of consecutive days in a local newspaper. A single purchase offer was received. These roadways are classified as a local roadways. In addition, the FPEs do 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 of these portions of roadway easements. Sustainability Engineering Group filed an application for the extinguishment and vacation of the above mentioned portions of roadway easements on July 15th, E. Baseline Avenue, Apache Junction, AZ Voice (480) Fax (480)

16 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT THE DEDICATED 2ND AVENUE PUBLIC RIGHT-OF-WAY LOCATED BETWEEN IDAHO ROAD AND EXPLORER 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, the City of Apache Junction is the holder of an improved dedicated public right-of-way over certain parcels of real property located in the Downtown Crossroads Redevelopment Area as described in Exhibit A and depicted in Exhibit B; and WHEREAS, pursuant to Apache Junction City Code (A) and A.R.S , 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 for the northeast corner of Idaho Road and Old West Highway; and WHEREAS, 2nd Avenue bifurcates the two primary parcels anticipated for private development; and WHEREAS, to experience the full benefit of private development in this area, it is necessary to abandon 2nd 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 , 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 RESOLUTION NO PAGE 1 OF 3

17 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 Downtown Redevelopment Area right-of-way pursuant to A.R.S ; and WHEREAS, pursuant to A.R.S , 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, WGG Partners, LLC, 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 2nd 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 through a public bid process, the right-of-way is hereby abandoned. 2) On or before November 24, 2015, staff is authorized to execute a warranty deed to the adjoining property owner and successful bidder, WGG Partners, L.L.C., for the 2nd Avenue rightof-way, in exchange for fair value, which the Mayor and City Council determines to be $100, and demolition of the structure located on the southwest corner of Junction Street and Outpost Road. 3) 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 NOVEMBER, SIGNED AND ATTESTED TO THIS DAY OF NOVEMBER, RESOLUTION NO PAGE 2 OF 3

18 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO PAGE 3 OF 3

19 EXHIBIT A Legal Description

20 CITY OF APACHE JUNCTION PUBLIC WORKS DEPARTMENT EXHIBIT A PAGE: 1 OF 1 DATE: 11/04/2015

21 EXHIBIT B Map

22 CITY OF APACHE JUNCTION PUBLIC WORKS DEPARTMENT EXHIBIT B PAGE: 1 OF 2 DATE: 11/04/2015 JUNCTION STREET HIGHWAY 88 - IDAHO ROAD EXPLORER ROAD 2ND AVENUE

23 CITY OF APACHE JUNCTION PUBLIC WORKS DEPARTMENT EXHIBIT B PAGE: 2 OF 2 DATE: 11/04/2015 LEGEND

24 City of Apache Junction, Arizona Agenda Item Cover Sheet 300 E Superstition Boulevard Apache Junction, AZ Agenda Item No. 4. File ID: Sponsor: Matt Busby, Larry Kirch and Bryant Powell Index: Agenda Date: 11/16/2015 In Control: City Council Work Session Presentation and discussion on possible amendment to both the operational agreement and Ordinance No.1034 related to the landfill located south of Baseline Road at the Tomahawk alignment. Attachments: City of Apache Junction, Arizona Page 1 Printed on 11/9/2015

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