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AGENDA ITEM REVIEW FORM |
6.H.
Regular City Council Meeting
- Meeting Date:
- 04/26/2017
- Department Head:
- Jenny Torres
- Submitted By:
- Dania Castillo, Economic Development Assistant, Community Development Department
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 1189. A resolution of the Mayor and City Council of the City of San Luis, Arizona, withdrawing an Intergovernmental Agreement with Gadsden Elementary School District to apply for the rights of way from the State of Arizona and to make improvement on the rights of way and repealing Resolution No. 1174. (Jenny Torres, Community Development Director)
SUMMARY:
Background
The Intergovernmental Agreement (IGA) deals with the location of the City's 4th Avenue and Union Street where the two streets border on property belonging to the State Lands Department and the School District's Temporary Right of Access through property belong to the State Lands Department to the entrance to the Gadsden Elementary School District’s complex (map attached).
District’s Need for Application to State Lands
The District’s complex was designed for the main entrance to be at the District’s Temporary Right of Access point near the junction of Union Street and 4th Avenue. The District has been renewing with State Lands their Temporary Right of Access all these years. In order for the District to pave the road, the District needs to apply to State Lands for a permanent Right of Way and purchase it.
Note: The City has no authority over the District’s private access road. It is basically the schools’ drive-way. It is not a City Street. However, once the District gets a permanent Right of Way from the State Lands Department and paves the road, then the District can be dedicate it to the City for the City to maintain it, just like any other development.
City’s Need for Application to State Lands
In order for the City to widen 4th Avenue and the junction with Union Street, the City needs to purchase from State Lands strips of land.
State Lands Department
Initially, the State Lands Department suggested that the District and the City submit a joint application for both projects.
Time Line
June of 2016, the City budgeted for purchase of strips of land from the State Lands Department to widen 4th Avenue and Union Street as well as additional funds to do the improvement work on those streets.
December 12, 2016, an IGA was approved by City Council with a liability provision to be negotiated between the City and the District Legal Counsels.
January 26, 2017, after an initial meeting in December, Staff and Legal Counsel for both the District and the City met. It was agreed that barriers would be a way to reduce liability and increase safety for pedestrians and vehicles in the area. It was also agreed that representatives from the City and the District would meet with State Lands to find out what would be allowed.
March 30, 2017 City Community Development Director Jenny Torres and City Public Works Director Eulogio Vera and District Superintendent Ray Aguilera met with the State Lands Department. State Lands was agreeable to a variety of feasible barriers. State Lands was not opposed to separate applications.
April of 2017, due to discussion at the April 11, 2017 School Board Meeting, Superintendent Aguilera’s statements in Bajo El Sol on April 21, 2017 and an e-mail from him in response to the City’s Community Development Director Jenny Torres, it is our understanding that the District intends to withdraw from the Intergovernmental agreement.
Staff’s Recommendation
The City can immediately apply to the State Lands Department for the strips of land needed for the City’s project. State Lands will allow for deposit of this fiscal’s year’s budgeted funds for the purchase of the land to be deposited during the approval process. It is not possible for the City to get through the approval process with the State by June, 30, 2017 (the end of this fiscal year). So the funds allocated this year for actually improving the roads were used for other road projects in the City with Council permission. Staff will be recommending allocation of funds for the improvement work in a future budget.
Today, Staff is recommending approval of Resolution No. 1189 to withdraw from the IGA so that the City can start moving on the project.
The Intergovernmental Agreement (IGA) deals with the location of the City's 4th Avenue and Union Street where the two streets border on property belonging to the State Lands Department and the School District's Temporary Right of Access through property belong to the State Lands Department to the entrance to the Gadsden Elementary School District’s complex (map attached).
District’s Need for Application to State Lands
The District’s complex was designed for the main entrance to be at the District’s Temporary Right of Access point near the junction of Union Street and 4th Avenue. The District has been renewing with State Lands their Temporary Right of Access all these years. In order for the District to pave the road, the District needs to apply to State Lands for a permanent Right of Way and purchase it.
Note: The City has no authority over the District’s private access road. It is basically the schools’ drive-way. It is not a City Street. However, once the District gets a permanent Right of Way from the State Lands Department and paves the road, then the District can be dedicate it to the City for the City to maintain it, just like any other development.
City’s Need for Application to State Lands
In order for the City to widen 4th Avenue and the junction with Union Street, the City needs to purchase from State Lands strips of land.
State Lands Department
Initially, the State Lands Department suggested that the District and the City submit a joint application for both projects.
Time Line
June of 2016, the City budgeted for purchase of strips of land from the State Lands Department to widen 4th Avenue and Union Street as well as additional funds to do the improvement work on those streets.
December 12, 2016, an IGA was approved by City Council with a liability provision to be negotiated between the City and the District Legal Counsels.
January 26, 2017, after an initial meeting in December, Staff and Legal Counsel for both the District and the City met. It was agreed that barriers would be a way to reduce liability and increase safety for pedestrians and vehicles in the area. It was also agreed that representatives from the City and the District would meet with State Lands to find out what would be allowed.
March 30, 2017 City Community Development Director Jenny Torres and City Public Works Director Eulogio Vera and District Superintendent Ray Aguilera met with the State Lands Department. State Lands was agreeable to a variety of feasible barriers. State Lands was not opposed to separate applications.
April of 2017, due to discussion at the April 11, 2017 School Board Meeting, Superintendent Aguilera’s statements in Bajo El Sol on April 21, 2017 and an e-mail from him in response to the City’s Community Development Director Jenny Torres, it is our understanding that the District intends to withdraw from the Intergovernmental agreement.
Staff’s Recommendation
The City can immediately apply to the State Lands Department for the strips of land needed for the City’s project. State Lands will allow for deposit of this fiscal’s year’s budgeted funds for the purchase of the land to be deposited during the approval process. It is not possible for the City to get through the approval process with the State by June, 30, 2017 (the end of this fiscal year). So the funds allocated this year for actually improving the roads were used for other road projects in the City with Council permission. Staff will be recommending allocation of funds for the improvement work in a future budget.
Today, Staff is recommending approval of Resolution No. 1189 to withdraw from the IGA so that the City can start moving on the project.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO ADOPT AND APPROVE RESOLUTION 1189.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- NO
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Update only, no fiscal impact associated with this item.