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Home My WebLink About2013 09.30 City Council Work Session Agenda <-�� .rr City of Apache Junction, Arizona Meeting location r f City Council Chambers at City Hall 300E Superstition Blvd g Apache Junction,AZ Aenda � ^ ri{_<.•a= 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,September 30,2013 7.00 PM City Council Chambers A CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1 Interviews for Board of Adjustment, Library Board, Parks and Recreation Commission, and Planning and Zoning Commission with appointments/reappointments to be made October 1, 2013 Discussion only 2. Presentation and discussion on the procurement of fleet vehicles for the current fiscal year Staff requests permission to move forward with the purchase of budgeted vehicles for the Police, Public Works and Parks & Recreation departments Vehicles would consist of one new replacement Ford F-350 Super Crew Pickup for the Parks Division of the Parks& Recreation Department, a new replacement plug-in hybrid electric vehicle for Fleet Division of Public Works for motor pool use; a replacement Ford Explorer for the Crime Investigations Division of the Police Department, and,five replacement Ford Utility Police Interceptors for the Patrol Division of the Police Department Staff requests authorization to purchase the vehicles through Chapman Ford ,.� on the cooperative State Contract#ADSPO 12-016662 in an amount not to exceed$247,298 41 Presentation and discussion. 3. Presentation and discussion on the procurement of fleet equipment for the current fiscal year Staff requests permission to move forward with the purchase of a budgeted lightly used replacement pneumatic tire-wheeled roller for the Public Works Department Streets Division Staff requests authorization to purchase the roller through Empire Caterpillar Apache Junction via the City of Tucson cooperative contract #120377 in an amount not to exceed$67,280 00. Presentation and discussion 4. Presentation and discussion on the ratification of award and permission to enter into an agreement with J Banicki Construction for project #PWC2013-12"Palm Wash/Southern Avenue Drainage Structure Repairs" in an amount not to exceed$220,000 00 Presentation and discussion. City or Apache Junction,Arizona Page 1 Printed on 9/24/2013 City Council Work Session Agenda September 30,2013 5. Presentation and discussion on Resolution No 13-34, authorizing the submission of a Fiscal Year 2014 Brownfields Assessment Grant Application Presentation and discussion. 6 Presentation and discussion on Resolution No 13-18, declaring portions of public roadway easements located on 6th Avenue from Goldfield Road to Hilton Road, and described in extinguishment case EX-13-18, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future right-of-way Presentation and discussion. 7. Presentation and discussion on Resolution No 13-09, declaring portions of public roadway easements located on Cactus Wren Street from Vista Road to Wickiup Road, and described in extinguishment case EX-13-09, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Presentation and discussion. 8. Presentation and discussion on Resolution No 13-17, declaring portions of public roadway easements located on Cholla Street between Vista Road and Wickiup Road and Raindance Road between Superstition Boulevard and Cody Street, and described in extinguishment case EX-13-17, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Presentation and discussion. 9. Presentation and discussion on Resolution No 13-24, declaring portions of public roadway easements located on Descanso Road between 16th Avenue and 18th Avenue, Vista Road between 16th Avenue and 19th Avenue, 18th Avenue between Tomahawk Road and Wickiup Road, and 19th Avenue between Vista Road and Wickiup Road, and described in extinguishment case EX-13-24, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Presentation and discussion. 10. Discussion on amendments to City Code Chapter 5 Municipal Court regarding office of deputy city magistrate and other changes as necessary Council members are interested in requiring that future deputy city magistrates be active members of the Arizona State Bar Direction to staff on this item will be placed on the October 1, 2013 regular agenda Discussion only 11. Discussion on video recording Planning and Zoning Commission meetings This item is identified in the FY 2013-2014 Legislative Work Plan Discussion only. City of Apache Junction,Arizona Page 2 Printed on 9/24/2013 r City Council Work Session Agenda September 30,2013 D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p,excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard, Apache Junction,AZ If any person with a disability needs any type of accommodation,please notify the Human Resources Office, at(480)474-2617 or(480)983-0095(TDD)at least 72 hours pnor to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 9/24/2013 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 1 File ID: 13-283 Sponsor Kathy Connelly Agenda Date 9/30/2013 Index. In Control. City Council Work Session Interviews for Board of Adjustment, Library Board, Parks and Recreation Commission, and Planning and Zoning Commission with appointments/reappointments to be made October 1, 2013 Discussion only Attachments.2013 b&c appts 1st half interviews City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 11, 2013 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR SEPTEMBER 30, 2013 (BOARD/COMMISSION INTERVIEWS) The positions to be filled for all of these boards and commissions have terms of office which expire on October 31, 2013, with the new term expiring on October 31, 2016. Most individuals whose terms are expiring have indicated a desire to be reappointed The following list includes (a) current board/commission members who have expressed interest in being reappointed, (b) previously interviewed applicants who have expressed interest in being appointed to a city board or commission and (c) any new applicants Letters were sent to all of the above listed applicants to attend the interview session. Copies of the talent bank applications have been given to council in an accompanying notebook If an applicant for reappointment/appointment is currently on another board/commission, it is so noted under "Additional Comments" in each section of the notebook. Please contact me if you have any questions. Board of Adjustment (Two positions) Reappointments New Applicant None Ed Barker G.V Chester Burgess j, Dennis Hall > Rudolph TamerorV Library Board (Three positions) Reappointments New Applicants Rhonda Jackson Ed Barker (` Theresa Nesser Judy Borey Drew Rappleye Don Breiland Douglas Mercer Parks and Recreation Commission (Two positions) Reappointments New Applicants Mona Barton Ed Barker Conrad Pisinski Judy Borey Don Breiland Amy Combs Todd Cousins Planning and Zoning Commission (Two positions) Reappointments New Applicants Colleen Hill Ed Barker Don Breiland Chester Burgess Amy Combs Jesse Gage Robert Schroeder Jeff Struble Rudolph Tameron City of Apache Junction, Arizona _R 300 E Superstition 3', Boulevard • .t l • :�" Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 13-289 Sponsor. Shane Kiesow Agenda Date 9/30/2013 Index. Budgetary Item, Public Safety In Control City Council Work Session Presentation and discussion on the procurement of fleet vehicles for the current fiscal year Staff requests permission to move forward with the purchase of budgeted vehicles for the Police, Public Works and Parks &Recreation departments Vehicles would consist of one new replacement Ford F-350 Super Crew Pickup for the Parks Division of the Parks& Recreation Department, a new replacement plug-in hybrid electric vehicle for Fleet Division of Public Works for motor pool use, a replacement Ford Explorer for the Crime Investigations Division of the Police Department, and, five replacement Ford Utility Police Interceptors for the Patrol Division of the Police Department Staff requests authorization to purchase the vehicles through Chapman Ford on the cooperative State Contract#ADSPO 12-016662 in an amount not to exceed $247,298 41 Presentation and discussion. Vehicles to be replaced are as follows. - Fleet(motor pool) 1997 Ford Taurus with 103,800 miles - Parks & Recreation (Parks) 1997 Ford F-150 with 97,076 miles The new replacement F-350 to add cab capacity with supporting community service volunteer workers - Police (Crime Investigation) 1999 Dodge Durango with 149,849 miles - Police (Patrol) 2007 Crown Vic with 109,000 miles, 2008 Crown Vic with 109,000 miles, 2008 Crown Vic with 139,000 miles, 2008 Crown Vic with 122,000 miles, and a 2008 Crown vic with 127,000 miles This is a planned October 15, 2013 City Council Consent item for approval of award Attachments. City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 --r:=, City of Apache Junction, Arizona -�� 300 E Superstition r, Boulevard 2, 1. • . 1. Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 3 r�pi��• File ID: 13-297 Sponsor Shane Kiesow Agenda Date.9/30/2013 Index. Budgetary Item In Control.City Council Work Session Presentation and discussion on the procurement of fleet equipment for the current fiscal year Staff requests permission to move forward with the purchase of a budgeted lightly used replacement pneumatic tire-wheeled roller for the Public Works Department Streets Division Staff requests authorization to purchase the roller through Empire Caterpillar Apache Junction via the City of Tucson cooperative contract#120377 in an amount not to exceed$67,280 00 Presentation and discussion. The pneumatic wheel roller will replace a 1988 Hyster roller that is rated as poor condition by our Fleet Division This is a planned October 15, 2013 City Council Consent item for approval of award Attachments. .r City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 City of Apache Junction, Arizona 300E Superstition Boulevard - 1=` Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.4. ' File ID: 13-299 Sponsor:Shane Kiesow Agenda Date•9/30/2013 Index. Public Safety In Control City Council Work Session Presentation and discussion on the ratification of award and permission to enter into an agreement with J Banicki Construction for project#PWC2013-12 "Palm Wash/Southern Avenue Drainage Structure Repairs" in an amount not to exceed$220,000 00. Presentation and discussion. This is a planned October 15, 2013 City Council Consent item for ratification of project# PWC2013-12 award and permission to enter into Agreement with J Banicki Construction for a not to exceed amount of$220,000 upon approval as to form by the City Attorney Attachments. City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 City of Apache Junction, Arizona 300E Superstition Boulevard 1 Apache Junction AZ 85119 �: Agenda Item Cover Sheet Agenda Item No.5 'fit}f 1. File ID 13-279 Sponsor Heather Patel Agenda Date•9/30/2013 Index In Control City Council Work Session Presentation and discussion on Resolution No 13-34, authorizing the submission of a Fiscal Year 2014 Brownfields Assessment Grant Application Presentation and discussion Staff respectfully requests that the City Council review and discuss Resolution No 13-34 The resolution authorizes the submission of a Brownfields Assessment Grant application for funds to conduct a community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination Attachments Council Report 9-30-13, Resolution No 13-34 Brownfields Funds Grant Application City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 01011k~ City of Apache Junction 4q ° P Development Services Department MEMORANDUM DATE. September 18, 2013 ...� TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director Roger S Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Presentation and Discussion on Resolution No 13-34 Authorizing the Submission of a Fiscal Year 2014 Brownfields Assessment Grant Application REQUEST Staff respectfully requests that the City Council review and discuss Resolution No. 13-34. The resolution authorizes the submission of a Brownfields Assessment Grant application for funds to conduct a community wide Phase I and Phase II Assessment for potential petroleum and hazardous materials contamination. BACKGROUND Small Business Liability Relief and Brownfields Revitalization Act The Small Business Liability Relief and Brownfields Revitalization Act ("Brownfields Law", P L 107-118) requires the U S Environmental Protection Agency ("EPA") to publish guidance to assist applicants in preparing proposals for grants to assess and clean up brownfield sites EPA's Brownfields Program provides funds to empower states, communities, tribes, and nonprofits to prevent, inventory, assess, clean up, and reuse brownfield sites A brownfield site is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substances, pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine-scarred land Assessment Grant A site assessment can be either on a specific site (i e. Site Specific Grant) or may include a targeted finite portion of the community or the community as a whole (i.e. Community Wide Grant). A site assessment may be conducted in two phases. A Phase I Assessment involves research into previous uses of the site and whether a hazardous waste condition is likely to exist. If evidence from this phase suggests a problem, a Phase II Assessment is conducted to discover the extent of the problem Either assessment requires the use of an environmental consultant Assessment grants provide funding for a grant recipient to • Inventory sites. • Characterize sites by identifying past uses • Assess sites by determining existing contamination • Conduct cleanup and redevelopment planning. • Conduct community involvement by informing and engaging the community Community-Wide Assessment Grants The city will seek to submit a community-wide assessment grant For community-wide assessments, applicants may request up to $200,000 from the hazardous substances funding for sites with potential contamination of hazardous substances, pollutants, or contaminants and up to $200,000 from the petroleum funding for sites with potential petroleum contamination. Applicants may either combine requests for hazardous substances funding and petroleum funding into one proposal if both types of funding will address the same target community for a total not to exceed $400,000, or applicants may submit separate proposals requesting up to $200,000 each for hazardous substances and petroleum funding AMIlk Phase I Assessment A Phase I Assessment ("Phase I ESA") is intended to help determine potential environmental liabilities and to establish the basis for further investigative work by: • Identifying certain baseline environmental conditions • Serving as an initial step in site remediation plan preparation. • Providing the necessary information to make informed decisions about property transactions. A Phase I Assessment of a site typically includes the following. bk • Interviews of current and past owners and occupants. In the case of abandoned properties, an interview of one or more neighboring property owners is conducted • A review of historical records for a property and its previous owners and uses. • A review of government records concerning waste management practices. • A visual on-site inspection of the property. • Specialized knowledge or experience of property owner • Relationship of purchase price to value of the property, if not contaminated. • Commonly known or reasonably ascertainable information about the property • Degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. Phase II Assessment A Phase II Assessment ("Phase II ESA") is intended to delineate environmental conditions related to a property. It should be detailed enough to delineate the nature and extent of contamination both above and below grade on the property A Phase II Assessment of a site typically includes the following • Soil, soil gas, and groundwater sampling • Laboratory analysis of samples. • Data interpretation as related to regulations and industry standards Grant Funds Funds may be used for the direct costs associated with the inventory, assessment, and cleanup planning for brownfield sites. Grant funds also may be used for 1) direct costs associated with programmatic management of the grant(e g required performance reporting and environmental oversight) and 2) local governments may use up to 10 percent of the funds for health monitoring; monitoring and enforcement of preventative measures, and/or development and implementation activities (e.g., writing local brownfields-related ordinances) Cleanup of a contaminated site is not an eligible activity under an assessment grant. Grants are for up to three years and are on a reimbursement basis DISCUSSION Before a piece of property can be sold or leased, the lending institution typically requires that a Phase I ESA be conducted to identify environmental concerns/contamination with the site. The Phase I ESA, if conducted according to certain standards, also provides liability indemnification to the purchaser The cost for the assessment is usually borne by the property owner Depending upon the issues associated with a site, a Phase I ESA can cost up to $4,000 and a Phase II ESA can typically cost up to $50,000 The uncertainty associated with the environmental condition of a site and the cost of an assessment can act as an impediment to the sale of a property. There are abandoned sites in the downtown area and across the city. Sales of these properties have stalled. By including these sites in the city's grant application, it is thought that the city would be assisting the property owners in moving forward with a sale. By removing the burden of the cost of the assessments from the property owner, staff felt that the sale of an abandoned and/or potentially contaminated property might be expedited. By providing this service to property owners, economic development in the downtown area and across the city might be stimulated Also, even though the city does not currently own any of the sites proposed for inclusion in the grant application, if ownership did transfer to the city at some future date, the assessments conducted with these grant funds might help to make the city eligible to apply for a future Brownfields Cleanup Grant Such a grant could include removal of tanks, removal of pumps, disposal of pavement, coring of building, grading on site, digging up of tanks, and the stabilization of site RECOMMENDATION Staff respectfully recommends that the City Council review and discussion Resolution No. 13-34. To meet EPA grant requirements, the proposed grant application will need to be discussed at a public hearing during the October 1, 2013 Council meeting. At the end of that hearing, staff respectfully recommends adoption of Resolution No. 13-34. ACTION REQUIRED Review and discuss Resolution No. 13-34 Attachment One Resolution No 13-34 RESOLUTION NO. 13-34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA AND DECLARING AN EMERGENCY. WHEREAS, pursuant to 42 U.S.C. § 9601, Congress has made available Brownfields Community Wide Assessment and Clean-Up Funds for local agencies, to include mitigation of petroleum products and hazardous substances; and WHEREAS, within the City of Apache Junctions ("city") , there are properties located throughout the community including in established Redevelopment Areas that in order to be marketable, need to be assessed for environmental compliance under federal and state law; and WHEREAS, it is the desire of the Mayor and City Council to comply with federal and state environmental laws as applicable to certain public property sites, as well as to assist private property owners to comply with federal and state environmental laws in order to enhance the marketability of certain parcels for redevelopment; and WHEREAS, the federal authority referenced above enables the city to fulfill its goals as stated above, by applying for up to $200, 000 for Petroleum Products site assessments and clean-up costs and up to $200, 000 for Hazardous Substances site _.. assessments and clean-up costs; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1. The submission of a grant application for federal Brownfields funds to the U.S. Environmental Protection Agency to conduct environmental assessments on high priority Brownfields sites as identified in the City of Apache Junction, Arizona, is hereby authorized and approved. RESOLUTION NO. 13-34 PAGE 1 OF 2 2 . City officers and employees, as delegated by the City Manager, are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-34 PAGE 2 OF 2 ice. . 1,. N City of Apache Junction, Arizona `' 300 E Superstition w< 'y Boulevard ♦ i.. ��•' Agenda Item Cover Sheet Apache Junction,AZ 85119 ro Agenda Item No.6 �r=`�•"' File ID 13-291 Sponsor. Emile Schmid Agenda Date. 9/30/2013 Index:Community Infrastructure In Control.City Council Work Session AIM Mk Presentation and discussion on Resolution No 13-18, declaring portions of public roadway easements located on 6th Avenue from Goldfield Road to Hilton Road, and described in extinguishment case EX-13-18, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future right-of-way Presentation and discussion. Attachments. Res 13-18 Council Memo1 pdf, Res 13-18 Resolution Combined pdf City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 Public Works Department 0 44— - I ie e 0/, ,f 14//7 Home of the Superstition Mountains 4 -1 ON. Date September 18, 2013 To• Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P E , Public Works Director Subject Extinguishment of Federal Patent Easements 6th Avenue between Goldfield Road and Hilton Road Proposed Resolution No 13-18 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's 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. FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Sixth Avenue from Goldfield Road to Hilton Road has never been opened for public use or maintained by the City. The roads are classified as local roadways. In addition, the FPE's 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 Kristine Embach filed an application for the extinguishment of the above mentioned portions of roadway easements on April 29th, 2013 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 85119 • Voice (480)982-1055 • Fax (480) 982-8005 RESOLUTION NO. 13-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 6TH AVENUE FROM GOLDFIELD ROAD TO HILTON ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13- 18, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements "FPEs" as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R.S. §§ 9-500. 24 and 28-7214; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements, and WHEREAS, on April 29, 2013, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on April 29, 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; 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 RESOLUTION NO. 13-18 PAGE 1 OF 4 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 roadway easements 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 roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way 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 , 2013 . SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-18 PAGE 2 OF 4 .+� EXHIBIT A PARCEL 1 (Adjacent to parcel 103-05-054B) The South thirty-three feet (33' ) of the Southwest quarter of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Aft. Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-05-055A) The South thirty-three feet (33' ) of the Southeast quarter of the Northeast quarter of the Southeast quarter of the Southeast 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 fifty feet (50' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-05-057C) The North thirty-three feet (33' ) of the Northwest quarter of the Southeast quarter of the Southeast quarter of the Southeast 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' ) THEREOF; PARCEL 4 (Adjacent to parcel 103-05-056) The North thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Southeast quarter of the Southeast 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 fifty feet (50' ) THEREOF; RESOLUTION NO. 13-18 PAGE 3 OF 4 EXHIBIT "B" \ 1 \ __ ___\\_ \ ► I �♦i♦ 054A 055B 0 i I 0 I ♦e; <0 I �:� 054B 055A %% I I ♦� 1 9_,,,/›...' P'.4 flI4 A/ArrArAJOG A /7 3:4,,r iiktr.• 1.1 \ I Z I 057C ,��G, 0 ��'-v I 0560 . ` 057E 057G i �,��I .m.. —1 I L - - - - c ; 7TH — AVENUE — • 4 I I_ ��, , LEGEND r66' �— — 33 3' 17/A PROPOSED EXTINGUISHMENT r — — — — I — .\\N PREVIOUSLY EXTINGUISHED 33 y 33 1/, FEDERAL PATENT EASEMENT ' - DEDICATED RIGHT—OF—WAY TYPICAL FPE/ROW DIMENSION --- ROAD CENTERLINE (UNLESS OTHERWISE NOTED) PROPERTY LOTS 11so086 PATENT DEEDS RESOLUTION NO 13-18 z 4," c"1` A. City of Apache Junction, Arizona 300 E Superstition / Boulevard 71 Agenda Item Cover Sheet Apache Junction,AZ 85119 r Agenda Item No 7 '.X1A„}`t' File ID: 13-292 Sponsor. Emile Schmid Agenda Date•9/30/2013 Index: Community Infrastructure In Control City Council Work Session .... Presentation and discussion on Resolution No 13-09, declaring portions of public roadway easements located on Cactus Wren Street from Vista Road to Wickiup Road, and described in extinguishment case EX-13-09, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Presentation and discussion. Attachments. Res 13-09 Council Memo pdf, Res 13-09 Resolution Combined pdf City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 .•. •ppCHE :_ y Public Works Department • o le, ' Home of the Superstition Mountains Date September 18, 2013 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From Giao Pham P E , Public Works Director Subject Extinguishment of Federal Patent Easements Cactus Wren between Vista Drive and Wickiup Road Proposed Resolution No. 13-09 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction. FPE's 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 FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Cactus Wren from Vista Drive and Wickiup Road has never been opened for public use or maintained by the City. The roads are classified as local roadways In addition, the FPE's 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 Warren Pennington filed an application for the extinguishment of the above mentioned portions of roadway easements on March 26th, 2013 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 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 13-09 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CACTUS WREN STREET FROM VISTA ROAD TO WICKIUP ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-09, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements "FPEs" as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R. S. §§ 9-500 . 24 and 28-7214; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, on March 26, 2013, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on April 23, 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire Ow kk District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; 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 RESOLUTION NO. 13-09 PAGE 1 OF 4 WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de manimis 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 roadway easements 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 roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes. 2. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the sub:ect street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO. 13-09 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-03-045A and 103-03-043) The South thirty-three feet (33' ) of the Northwest quarter of the Northeast quarter of the Southwest quarter of the Northwest 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' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-03-042A) The South thirty-three feet (33' ) of the Northeast quarter of the Northeast quarter of the Southwest quarter of the Northwest 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 thirty three feet (33' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-03-050A) The North thirty-three feet (33' ) of the Southwest quarter of the Northeast quarter of the Southwest quarter of the Northwest 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 thirty three feet (33' ) THEREOF, PARCEL 4 (Adjacent to parcel 103-03-051B) The North thirty-three feet (33' ) of the Southeast quarter of the Northeast quarter of the Southwest quarter of the Northwest 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 thirty three feet (33' ) THEREOF; RESOLUTION NO. 13-09 PAGE 3 OF 4 .i. ter. EXHIBIT "B" SCENIC STREET /7/ // // / / j/7/ / '' // //'�/j / // / / / // r , / I / //I 044 /' /'' 042 B vz / ....... 1,. /..,e > //A 043 f '' /'I i/co / / X / r / 045A ,/' / , 042A 71 // 1 // //1 �/ J // yr _ _ / / 9 0 1 8 1 1 1 // 1 - - / ' /I - - V vi /I // V' / I 050A 051 B / cn 1/ r(V/ / /I '� /S Ki' // , 050B , , 051 A ' / /1 I,/ / _1 / / l'Z',;/�' : •ejlb / / / / /'/.' §- /,/ // r66, 1 1 —6�3'3, LEGEND — — — — — V/// PROPOSED EXTINGUISHMENT r33' —4 ."1-- 33' ' FEDERAL PATENT EASEMENT /�- - , DEDICATED RIGHT—OF—WAY TYPICAL FPE/ROW DIMENSION ROAD CENTERLINE (UNLESS OTHERWISE NOTED) PROPERTY LOTS RESOLUTION NO 13-09 1190086 PATENT DEEDS PAGE 4 OF 4 City of Apache Junction, Arizona ^ 300 Boulevard • - Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 13-293 Sponsor Emile Schmid Agenda Date.9/30/2013 Index. Community Infrastructure In Control: City Council Work Session A .. Presentation and discussion on Resolution No 13-17, declaring portions of public roadway easements located on Cholla Street between Vista Road and Wickiup Road and Raindance Road between Superstition Boulevard and Cody Street, and described in extinguishment case EX-13-17, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Presentation and discussion. Attachments. Res 13-17 Council Memo pdf, Res 13-17 Resolution Combined pdf City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 •pCH y Public Works Department i3 i z t? �G� C� Home of the Superstition Mountains 4 pN' Date. September 18, 2013 To Honorable Mayor and Members of the City Council Through George Hoffman, City Manager From Giao Pham P E , Public Works Director Subject Extinguishment of Federal Patent Easements Cholla Street between Vista Road and Wickiup Road Raindance Road between Superstition Boulevard and Cody Street Proposed Resolution No 13-17 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's 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. FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Cholla Street from Vista Road to Wickiup Road and Raindance Road from Superstition Boulevard to Cody Street has never been opened for public use or maintained by the City The roads are classified as local roadways In addition,the FPE's 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. Darren and Brandy Schiller filed an application for the extinguishment of the above mentioned portions of roadway easements on July 1st, 2013 The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed The property owners wish to construct a block wall surrounding the rest of their property to keep unwanted visitors from crossing their property 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 RESOLUTION NO. 13-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON CHOLLA STREET BETWEEN VISTA ROAD AND WICKIUP ROAD AND RAINDANCE ROAD BETWEEN SUPERSTITION BOULEVARD AND CODY STREET, AND DESCRIBED IN i.. EXTINGUISHMENT CASE EX-13-17, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements "FPEs" as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R.S. §§ 9-500 24 and 28-7214; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, on July 1, 2013, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on July 1, 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Century Link, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; 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 RESOLUTION NO. 13-17 PAGE 1 OF 5 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 emN find that the roadway easements 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 roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way 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 , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013 . JOHN S. INSALACO Mayor ATTEST: eIN KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO. 13-17 PAGE 2 OF 5 Amok EXHIBIT A PARCEL 1 (Adjacent to parcel 103-03-007) The South thirty-three feet (33' ) and East thirty-three feet (33' ) of the Northwest quarter of the Northeast quarter of the Northwest quarter of the Northwest 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 the North fifty feet (50' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-03-006) The West thirty-three feet (33' ) and South thirty-three feet (33' ) of the Northeast quarter of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, EXCEPT the North fifty feet (50' ) and East thirty three feet (33' ) THEREOF, PARCEL 3 (Adjacent to parcel 103-03-013B) The North thirty-three feet (33' ) and East thirty-three feet (33' ) of the North half of the Southwest quarter of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Ask EXCEPT the West thirty three feet (33' ) THEREOF; PARCEL 4 (Adjacent to parcel 103-03-013A) The East thirty-three feet (33' ) of the South half of the Southwest quarter of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the South thirty three feet (33' ) THEREOF; RESOLUTION NO. 13-17 PAGE 3 OF 5 PARCEL 5 (Adjacent to parcel 103-03-014A) The West thirty-three feet (33' ) and the North thirty three feet (33' ) of the West half of the Southeast quarter of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the South thirty three feet (33' ) THEREOF, PARCEL 6 (Adjacent to parcel 103-03-014B) The North thirty three feet (33' ) of the East half of the Southeast quarter of the Northeast quarter of the Northwest quarter of the Northwest 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 thirty three feet (33' ) THEREOF; p RESOLUTION NO. 13-17 PAGE 4 OF 5 .... .... EXHIBIT "B" SUPERSTITION BOULEVARD I I I 111750'Amok I I a 007 006 i <0 0 cc I I I I /1#11 I I II I - I 7- — 1 - 6 - I I I I 013B I ~ I YI Cn0 014A 014B I I 013A IIA J I `- - - - - - - - - - - - - - L CODY STREET --Alr 66 ' -6�3' , LEGEND I _ - l//l PROPOSED EXTINGUISHMENT r 33' f FEDERAL PATENT EASEMENT 33 ` - - - DEDICATED RIGHT-OF-WAY TYPICAL FPE/ROW DIMENSION --- ROAD CENTERLINE (UNLESS OTHERWISE NOTED) PROPERTY LOTS RESOLUTION NO. 13-17 1190086 PATENT DEEDS PAGE 5 OF 5 z ,i:�� Cityof Apache Junction, Arizona 300ESuperstition llp Boulevard F. a- r;�, `�In" .=1 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. �irP�y.ti File ID 13-294 Sponsor. Emile Schmid Agenda Date 9/30/2013 Index. Community Infrastructure In Control.City Council Work Session Presentation and discussion on Resolution No 13-24, declaring portions of public roadway easements located on Descanso Road between 16th Avenue and 18th Avenue, Vista Road between 16th Avenue and 19th Avenue, 18th Avenue between Tomahawk Road and Wickiup Road, and 19th Avenue between Vista Road and Wickiup Road, and described in extinguishment case EX-13-24, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way Presentation and discussion Attachments. Res 13-24 Council Memo pdf, Res 13-24 Resolution Combined pdf r•. City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 •ACHF O y Public Works Department ' a W*9e 0(LCltG/i.2�11/ N !. : A Home of the Superstition Mountains 4 i o' Date. September 18, 2013 ^ To Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From. Giao Pham P.E., Public Works Director Subject Extinguishment of Federal Patent Easements Descanso Road between 16th Avenue and 18th Avenue Vista Road between 16th Avenue and 19th Avenue 18th Avenue between Tomahawk Road and Wickiup Road 19th Avenue between Vista Road and Wickiup Road Proposed Resolution No 13-24 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's 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. FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Descanso Road between 16th Avenue and 18th Avenue, Vista Road between 16th Avenue and 19th Avenue, 18th Avenue between Tomahawk Road and Wickiup Road, 19th Avenue between Vista Road and Wickiup Road have never been opened for public use or maintained by the City The roads are classified as local roadways In addition, the FPE's 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. Acer Homes LLC filed an application for the extinguishment of the above mentioned portions of roadway easements on May 15th, 2013 The property owner desires the use of the 33 feet for site improvements. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • Fax (480) 982-8005 Ask RESOLUTION NO. 13-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON DESCANSO ROAD BETWEEN 16TH AVENUE AND 18TH AVENUE, VISTA ROAD BETWEEN 16TH AVENUE AND 19TH AVENUE, 18" AVENUE BETWEEN TOMAHAWK ROAD AND WICKIUP i.. ROAD, AND 19TH AVENUE BETWEEN VISTA ROAD AND WICKIUP ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-13-24, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A R. S §§ 9-500. 24 and 28-7214; and WHEREAS, on May 15, 2013, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on May 29, 2013, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire As. District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Century Link, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; 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 RESOLUTION NO. 13-24 PAGE 1 OF 4 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 roadway easements 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 roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way 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 , 2013. SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOHN S INSALACO Mayor ATTEST: OmN KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-24 PAGE 2 OF 4 Is Bel Agave Extinguishment Legal Descriptions APN 103-20-005 The East 33 feet, the West 33 feet and the South 33 feet of the East half of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 27, Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. APN 103-20-006 The East 33 feet and the South 33 feet of the West half of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 27,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County. APN 103-20-015 The North 33 feet,the South 33 feet and the West 33 feet of the North half of the Southeast Quarter of the Northwest Quarter of the Southwest Quarter of Section 27, Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian, Pinal County. EXCEPT, the North 17 feet of the East 496 feet,thereof. APN 103-20-017 The North 33 feet and the East 33 feet of the North half of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County. r tf { { 1- LEGEND F.P.E FEDERAL PATENT EASEMENT a to a(0 DKT. DOCKET W. 1/4 COR. `� PG. PAGE SEC. 27 Y C) ON PER ES 86-01 ; APN ASSESSORS PARCEL NUMBER T.1N., R.BE � cn V/////.I F.P.E. TO BE EXTINGUISHED I - -- 4o -- - -F IK Z I �� 33'DK F PE 33' F.P.E / PG 123 .7 DKT. 168, I GRAPHIC SCALE PG. 123 / 0 100 200 /0 / ' } APN-103-20-006 APN-103-20-005 I 1 'INC " FT 33' F.P.E.,„ � _ // DKT 147, 33' F.P.E / �T , PG 468 DKT. 147, / ( �1.3 '`� PG 468 148'F, '. ' _~ �' /� ea_coesi 1—- / I DURAN T. z ,: oa Mom r THOMPSO `< // '/ EXCEPTION 4 r�'tk rif ui �� F4'z)4,,p: • N.I:12 3�I'L a: i ``'n ,,,, 33' F.P.E. �` �`"N DKT. 163, c— 33' F.P E 'I '— PG 584 '1 "' t\ DKT. 252,' Mcz ApN-103-20-017 APN-103-20-015 M o } PG 232 i 33' F.P E 33' F PE 33' F P.E. F.P.E. TO REMAIN DKT. 252, DKT 252, fA' DKT 163, -_„H „033' F P E —— PG 232 —— PG 232 PG 584 y DKT 163, I — PG 584 77777771/(7777777777/77/777/- F.P.E. TO REMAIN/ I CLIENT/PROJECT 6EL � Duran Thompson, P.E. onzarr-1 D ds M ENGINEERING 1020 East Gilbert Drive, Suite D TITLE engineer@dmengineer.com Tempe, AZ 85281 F.P.E. EXTINGUISHMENT PH (480 350-9590 1 OF 1 FAX (480) 350-9486 "INCi of A ache Junction, Arizona 300E Superstition p Boulevard - Agenda Item Cover Sheet Apache Junction,AZ 85119 t, ':: . 'A:: , Agenda Item No 10 ,..t 1' File ID: 13-278 Sponsor. Kathy Connelly Agenda Date•9/30/2013 Index. Local/State/Federal Statutory Requirement In Control City Council Work Session Discussion on amendments to City Code Chapter 5 Municipal Court regarding office of deputy city magistrate and other changes as necessary Council members are interested in requiring that future deputy city magistrates be active members of the Arizona State Bar Direction to staff on this item will be placed on the October 1, 2013 regular agenda. Discussion only Attachments 2013 municipal court amendments ws ds, 2013 chapter 5 municipal court september 2013 ..r City of Apache Junction,Arizona Page 1 Printed on 9/24/2013 SEPTEMBER 11 , 2013 MEMORANDUM TO HONORABLE MAYOR AND COUNCIL MEMBERS THROUGH. GEORGE HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT: AMENDMENTS TO APACHE JUNCTION CITY CODE, CHAPTER 5 MUNICIPAL COURT (WORK SESSION, SEPTEMBER 30, 2013, REGULAR MEETING OCTOBER 1, 2013) Council members have expressed an interest in requiring future deputy city magistrates to be active members of the Arizona State Bar To do so would require an amendment to Apache Junction City Code Chapter 5 Municipal Court. Since this code chapter has not been revised since June 2002, this would also be a good opportunity to review the entire chapter for other possible amendments Please let me know if you have any questions. CHAPTER 5- MUNICL _L COURT Page 1 of 5 Apache Junction,AZ Code of Ordinances CHAPTER 5: MUNICIPAL COURT Article 5-1. MUNICIPAL COURT ARTICLE 5-1 : MUNICIPAL COURT Section 5-1-1 Municipal court established;jurisdiction 5-1-2 Presiding Magistrate 5-1-3 Magistrate Pro-Tem 5-1-4 Powers and duties of Presiding Magistrate 5-1-5 Office of Deputy City Magistrate 5-1-6 Proceedings of court 5-1-7 Formation and summoning of juries;juror pay 5-1-8 Court personnel §5-1-1 MUNICIPAL COURT ESTABLISHED;JURISDICTION. There is hereby established in the city a Municipal Court which shall have jurisdiction of all violations of Vol I, and junsdiction concurrently with justices of the peace of precincts in which .•. the city is located of violations of state and local laws committed within the city limits. (Prior Code, § 5-1-1) §5-1-2 PRESIDING MAGISTRATE. (A) The presiding officer of the Municipal Court shall be the Presiding Magistrate,who shall be appointed by the Council for a term of a minimum of 2 years with the dates of the term to be set by contract,unless sooner removed for misfeasance, malfeasance or nonfeasance of office (B) The Presiding Magistrate shall be considered a contract employee and all other terms shall be negotiated and set forth in a written employment contract. (Prior Code, § 5-1-2) http//www amlegal com/alpscripts/get-content aspx 9/17/2013 CHAPTER 5. MUNICIPAL COURT Page 2 of 5 §5-1-3 MAGISTRATE PRO-TEM. (A) In the absence of the Presiding Magistrate,or in those instances where the Presiding Magistrate has been disqualified by the action of the prosecution, defendant,recusation on the part of the Presiding Magistrate or other cause,the Presiding Magistrate of the Municipal Court may assign such action to a Deputy City Magistrate or secure the services of a magistrate pro- tem to hear such action (B) Magistrates pro-tern shall be appointed by the Mayor and Council as recommended by the Presiding Magistrate. (C) Magistrates pro-tern shall be active members of the State Bar of Anzona. (Prior Code, § 5-1-3) §5-1-4 POWERS AND DUTIES OF PRESIDING MAGISTRATE. The powers and duties of the Presiding Magistrate shall include: (A) The powers and duties set forth and conferred upon the magistrate under the provisions of the state constitution and statutes, administrative orders of the State Supreme Court or Superior Court,Vol. I, and the ordinances and resolutions of the city, (B) The keeping of a docket in which shall be entered each action and the proceedings of the court therein; (C) Responsibility over fixing and receiving all bonds and bails and receiving all fines, penalties, fees and other monies as provided by law, (D) Payment of all fines,penalties and other monies collected by the court to the City Finance Director or his or her designee, (E) Monthly report submittal to the Mayor and Council summarizing court activities; (F) Preparation of a schedule of traffic violations,not involving the death of a person, listing specific bail for each violation: (G) Supervision of the judicial and internal administrative functions of the Municipal Court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court; (H) Delegation of duties and responsibilities to Magistrates Pro-Tem,Deputy City Magistrates,and other judicial and non judicial personnel as necessary, (I) Responsibility for the supervision of Magistrates Pro-Tem, Deputy City Magistrates and other judicial and non judicial staff who directly affect the operation of the court; (J) Establishment and implementation of proper case management techniques and standards; (K) Determination of judicial assignments for each Magistrate Pro-Tern, Deputy City Magistrate, and within guidelines established by Council,establishment and maintenance of standard working hours and times to effectively discharge these assignments; http.//www.amlegal.com/alpscripts/get-content aspx 9/17/2013 CHAPTER 5: MUNICIPAL COURT Page 3 of 5 (L) Establishment and implementation of standards and parameters for indigence screening and guidelines for determination of indigence for the purpose of appointing defense counsel; (M) Establishment of specific parameters within the bounds of the law and sound management practice, under which a defendant shall be granted the time to pay monetary sentences imposed; and authority to specify the standards for establishment of payment amounts; (N) Exclusive supervisory authority over all court personnel while such personnel are performing work for the court,including but not limited to the court administrator,clerical support,courtroom support staff, and bailiffs and security screeners, (0) Exercising of administrative supervision over the court in accordance with the principle of judreral independence under the doctrine of separation of powers as defined in the Arizona State Constitution, Article III; (P) Exercising similar other administrative aut'ority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court; (Q) Cooperation and coordination with the Presiding Superior Court Judge(s)concerning the administration of the Municipal Court; and (R) Keeping in custody and taking charge of and safely keeping and disposing of, according to court rules, all books, papers and records which may be filed or deposited in custody, destruction of all documents,records, instruments, books,papers, dispositions,exhibits and transcripts in any action or proceeding in the Municipal Court or otherwise filed or deposited in custody pursuant to rules established by the Supreme Court, notification to the Director of the Arizona State Library,archives and public records of records designated for destruction pursuant to court rules The state library shall have the opportunity in a time prescribed by the court to review and inspect these records. During this time period,the state library may remove any of these records for storage and retrieval (Prior Code, § 5-1-4) § 5-1-5 OFFICE OF DEPUTY CITY MAGISTRATE. (A) The Office of Deputy City Magistrate is created. (B) Within this office shall be Deputy City Magistrates who shall be appointed in conformance with state law by the Council. (C) The Mayor and Council may appoint more than 1 Deputy City Magistrate to assure the continued operation of the Municipal Court in the absence of the Presiding Magistrate, designating a first and second deputy for the purposes of court administration. (D) In the absence of the Presiding Magistrate, a Deputy City Magistrate shall perform the duties of the Presiding Magistrate in such manner as the Mayor and Council shall direct. (E) Each Deputy City Magistrate shall be paid$600 per year plus the hourly rate customarily paid to those individuals providing such services. (Prior Code, § 5-1-5) http//www amlegal.com/alpscripts/get-content.aspx 9/17/2013 CHAPTER 5: MUNICIPAL COURT Page 4 of 5 §5-1-6 PROCEEDINGS OF COURT. (A) The proceedings shall be conducted in accordance with the Arizona State Constitution, applicable state statutes and rules of the State Supreme Court pertaining to police courts The proceedings shall also be conducted in accordance with the Rules of Criminal Procedure for the Supenor Court including the provisions regarding bail, issuance of subpoenas and punishment for disobedience so far as applicable and when not otherwise prescribed. (B) The Municipal Court proceedings shall be commenced by complaint and in the name of the state setting forth the offense charged with and such particulars of time, place,person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint (C) If the Magistrate is satisfied that the offense complained of has been committed by the person charged, he or she shall issue a summons or a warrant of arrest Before issuing a summons or warrant of arrest on a complaint, the magistrate may subpoena and examine witnesses as to the truth of the complaint. (D) The defendant, at any time after arrest, and before conviction, shall be admitted to bail, if bailable. (E) The Magistrate shall prepare a schedule of criminal traffic or misdemeanor violations not involving the death of a person or any felony traffic offense, listing specific bail for each violation (F) The Magistrate shall prepare a schedule of civil traffic violations,listing a specific deposit for each violation (G) (1) When the defendant pleads guilty or is convicted either by the court or by a jury,the court shall pronounce judgment on the plea or verdict. (2) A sentence of a fine, imprisonment or both,and other things such as probation, community restitution, victim restitution, counseling and screening and other appropriate requirements, may be pronounced at the time of sentencing and shall be included in the judgment (3) If the court sentences the defendant to pay a fine,and the defendant fails to comply with the order,the court, after a hearing,may order that the defendant receive credit toward payment of the fine for jail time served at a minimum of$1 of the fine for each day of imprisonment (4) The sentence shall not extend beyond the term of imprisonment for which the defendant might be sentenced for the offense of which the defendant has been found guilty. (5) A sentence that the defendant pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in civil action (Prior Code, § 5-1-6) § 5-1-7 FORMATION AND SUMMONING OF JURIES; JUROR PAY. http://www.amlegal.com/alpscnpts/get-content aspx 9/17/2013 CHAPTER 5: MUNICIPAL COURT Page 5 of 5 (A) The formation and summoning of juries and drawing and disposition of names and impaneling of jurors in Municipal Court shall be done in the same manner as provided for by law in courts of record, or as permitted by A.R.S. § 21-331. (B) Each juror shall be paid by the city for each day in attendance in the Municipal Court a sum as provided for in state statutes for payment of jurors,as amended from time to time (Prior Code, § 5-1-7) § 5-1-8 COURT PERSONNEL. (A) The authority of the Presiding Magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records, hiring, supervision,discipline and dismissal of court personnel, provided that decisions regarding hiring. supervision and dismissal of court personnel are consistent with the Municipal Court personnel policy. Personnel rules adopted by the city for the employment,grievance procedures. termination, sick leave,overtime, vacation time and other items are applicable to employees of the Municipal Court. In employing additional personnel,the existing city personnel procedures shall be followed The Presiding Magistrate shall have exclusive supervisory authority over all court personnel while the personnel are performing work for the court. However, non judicial functions, such as custodial and maintenance services assigned to the Municipal Court may be performed by employees or contractors working under the supervision and authority designated by the Mayor and Council. (B) Though the Presiding Magistrate is not a designated "Department Head" within the meaning of the City of Apache Junction, Personnel Policies, smce the office of Presiding Magistrate is an appointed position not covered by those personnel policies, the Presiding Magistrate shall discharge those duties normally discharged by a "Department Head" as such duties relate to employment,grievance procedures, termination,evaluation or other personnel related matters as designated in those policies. (Prior Code, § 5-1-8) http//www amlegal com/alpscripts/get-content aspx 9/17/2013 A .. t"-- s City of Apache Junction, Arizona 300E Superstition .. Boulevard Ili .+, Agenda Item Cover Sheet Apache Junction,AZ 85119 i ,,,,; .,ti iii Agenda Item No 11 ''46 - File ID: 13-296 Sponsor. Jeff Serdy Agenda Date•9/30/2013 Index: In Control City Council Work Session Discussion on video recording Planning and Zoning Commission meetings This item is identified in the FY 2013-2014 Legislative Work Plan Discussion only. Attachments. City of Apache Junction,Arizona Page 1 Printed on 9/24/2013