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HomeMy WebLinkAbout2014 11.18 City Council Regular Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, November 18,2014 7:00 PM City Council Chambers This document may not reflect the most current legislation adopted by the City of Apache Junction and is for convenience and informational use only. For further information on the official version of council meeting minutes please contact the Apache Junction City Clerk's office at (480) 982-8002. B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 14-535 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-536 Approval of minutes of regular meeting of November 4, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 110414 November 4, 2014 minutes 3. 14-545 Consideration and action on Juvenile Court Hearing Officer appointment. Consideration and action. Sponsors: James Hazel Attachments: Memo to Council E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda November 18,2014 4. 14-510 Presentation of 25 Year Service Award to Tim Shetler of the Apache Junction Police Department. Presentation. Sponsors: Thomas Kelly 5. 14-562 Presentation of a Certificate of Emeritus to Mayor John S. Insalaco. Mr. Alfredo Dreyfus Vice President of Board Development of the Boys and Girls Club East Valley will present a certificate appointing Mayor Insalaco an emeritus board member. Presentation. Sponsors: Kathy Connelly Attachments: 2014 boys and girls club certificatio emeritus F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. 14-427 City manager's report. Presentation. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 7. 14-539 The mayor and city council shall consider proposed Resolution No. 14-39, authorizing the submission of Fiscal Year 2015 Community Development Block Grant and Fiscal Year 2015 State Special Project grant applications. Consideration and action. Sponsors: Heather Patel Attachments: Staff Report Resolution 14-39 Resolution No. 14-39 City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda November 18,2014 8. 14-542 Presentation, consideration and action on proposed Resolution No. 14-41, case SD-1-14, a request by Hudd Hassell on behalf of Ironwood Heights LLC and Bela Flor Communities Inc., for approval of a preliminary plat for the proposed Bella Corona Subdivision (former site of the proposed "Foothills" subdivision), located at the southwest corner area of S. Ironwood Drive and W. Renaissance Avenue,just west of Baywood Assisted Living Facility. Presentation, consideration and action. Sponsors: Rudy Esquivias Attachments: SD-1-14 CC PH Cover Memo Draft Res#14-41 for Bella Corona SD-1-14 PZ PH 9-23-14 w attach Resolution No. 14-41 I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 9. 14-561 On November 4, 2014 the mayor and city council directed staff to draft a resolution requesting Pinal County Planning and Zoning Commission recommend denial of the Cooper Family Trust proposal for a wastewater sludge operation in the Houston Industrial unincorporated area of Pinal County to the Pinal County Board of Supervisors. Resolution No.14-42 sets forth the city's position expressed by the council. Discussion, consideration and action. Sponsors: Bryant Powell Attachments: Resolution 14-42 J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda November 18,2014 10. 14-551 Direction to staff on Fiscal Year 14-15 human services funding recommendations. If so directed, the contracts will be placed on the December 2 consent agenda at which time council can approve them or opt to continue them to another date. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014-15 RECC.MEM 11. 14-556 Direction to staff on request from East Valley Adult Resources to redirect remaining funds from Fiscal Year 2014-15 Ride Choice program to the senior van transportation program and to do the same for future budget years. This item was discussed at the November 17 work session. If council wishes to redirect funds then direction must be given to staff to do so. Discussion and direction. Sponsors: Kathy Connelly Attachments: 2014 van transportation request ws and ds L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 14-438 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, December 1, 2014. Sponsors: Bryant Powell 13. 14-439 Executive Session at 5:45 P.M. for Tuesday, December 2, 2014. Other meetings if necessary. Sponsors: Bryant Powell M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda November 18,2014 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-535 Sponsor: Kathy Connelly Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 14-536 Sponsor: Kathy Connelly Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of November 4, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING NOVEMBER 4, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 4, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Mayor Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Assistant to the City Manager Matt Busby Others Present: Revenue Resource Manager Roger Hacker REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 1 OF 41 Senior Planner Rudy Esquivias Planning Intern Kevin Koebel ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ITEM NUMBER 3 BE MOVED TO FOLLOW THE CITY MANAGER' S REPORT. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating the City of Apache Junction as a Purple Heart City and presented the proclamation to Mike Ferguson, Purple Heart recipient from Viet Nam in 1967 . Councilmember Waldron read a brief history of his accomplishments . Revenue Resource Manager Roger Hacker briefed the council on the Art and Betsy Grandlich Animal Welfare Trust and the Arizona Community Foundation for the purchase and installation of a commercial grade washer and dryer at the Paws and Claws Care Center. He introduced their daughter, Janine Daniel, who talked about their legacy and her participation in the grants funded from the Trust. He introduced Morgan Bishop, the philanthropic services coordinator for the Arizona Community Foundation, who talked about the fund distributing $250, 000 annually for animal welfare . He then advised the projects funded in the community. The Paws and Claws Care Center received $27, 730 for the industrial grade washer and dryer, East Valley New Life Rescue received $15, 000 for medical, dental and adoption services, and Paws 4 Life received $20, 000 for training the trainer for service dogs and a video. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 2 OF 41 Vice Mayor Barker announced the mayor, Councilmember Waldron and she attended the HeadStart open house and took a tour of the facility. Vice Mayor Barker announced Councilmember Evans and she attended the G.A. I .N. /Parks and Recreation Department Halloween on Friday night. Vice Mayor Barker reminded everyone this weekend is the Festival of the Superstitions with a motorcycle parade of flags on Sunday morning. Vice Mayor Barker announced the Veterans' Day Parade will be on Tuesday at 9 : 30 on Apache Trail . Councilmember Evans announced last weekend was the first farmers' market bizarre held at Earth Heart Park. It will be the first Saturday of every month through April . Councilmember Evans announced Audie is the pet of the month for adoption and gave a brief description on her. She added Paws and Claws is requesting a donation of an aviary-type structure to exercise the cats . Councilmember Serdy commented on his dog locking itself in the car with the air conditioner running and park rangers being called to open the door. Councilmember Serdy announced there will be a lot of events for the veterans on Sunday morning at the Festival of the Superstitions . Councilmember Wilson announced Ben Johnson Days are going on this weekend. Councilmember Rizzi commented on her husband and her going to Paws and Claws last weekend and adopting two dogs . They have a meet and greet area to bring prospective adopted dogs to meet the owner' s current dogs to determine if they will get along. They also get four free training sessions when adopting a dog. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 3 OF 41 Assistant City Manager Bryant Powell commented on the park ranger program cross-training, his meeting Janine Daniel and her husband for dinner that night, investing in quality staff employees, the construction at Meridian and US 60, staff discussions starting on the capital improvement plan, and presented the first city entry way signs . CONSENT AGENDA (CONTINUED) RESOLUTION NO. 14-40, AUTHORIZING THE MAYOR TO EXECUTE THE 2014 PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE 2014 LOAN CANCELLATION AGREEMENT AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTION TO FULFILL THE AGREEMENT OBLIGATIONS ) Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Serdy commented he is not against the airport. He thinks when they voted to join the board he was one of the ones pushing for it. What upsets him is their changing the rules after the city has joined. It has only been 18 months . It feels like a slap in the face to change it like this . It would be nice to be paid back like the deal we made . Even though it would be 30 years from now and they would all be gone, but the heirs can use that and that was the deal we made . For them to say they are not going to pay the city back, it stings . He would like to know if there is some way to vote to stay with them if these other big cities that are better off than Apache Junction can take the hit and not be paid back, maybe we can be paid back. They did say yesterday this year is the first year they have made a profit. Things are turning around. He does not see why they cannot honor their part of the deal . Councilmember Rizzi commented she agrees with Councilmember Serdy. She thinks it is an investment in our community and feels it is important for them to honor the repayment, even though it would take many, many REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 4 OF 41 years for that to happen. She is concerned when they ask their constituents for money to fix the roads and we have this situation; $675, 900 we expected to get back and are now being told they will not get it back, when in fact they are starting to make a profit. She agrees with Councilmember Serdy. She is concerned about how that looks and how it feels . It does feel like a sting. Councilmember Waldron commented he understands the airport' s position as far as financing is concerned. He understands the need to do that. He understands the need to operate as a business and that requires financing. Their seat on the board, and he believes Councilmember Serdy is on the tourism board for the state, the airport is a magnet for tourism. They have talked about that quite regularly in different avenues that have come up. He thinks it is important Apache Junction be on that board. He has to agree he does not like the situation but he understands the situation. The airport cannot go out and finance to do the things they need to do with these classified as loans . Over the years Apache Junction has clawed its way from the joke of the valley to a place where we are recognized as a progressive city. We are involved in the airport authority, we are involved in various aspects throughout the East Valley particularly, and he believes they need to maintain that. It has been a long, hard fight. It is difficult to swallow this, there is no question about it. But he thinks the importance of having our seat on the board of directors for the airport in the East Valley is critical to our future. Vice Mayor Barker commented it is difficult to swallow. She thinks when she was first informed of this at an airport meeting this summer she wanted to choke someone, considered it, had a long talk, and decided although she does not like it, she does understand it. This is an investment in our future. Councilmember Serdy had announced on this dais that the only reason he is on the council is to see to it that a resort comes to this community. A resort wants an airport. Tourists tend to fly, as well as drive, they like to have a shuttle that goes from their airport to the resort. Both of those would benefit from this airport. Granted their not being on the board is not going to prohibit that airport from growing. He is absolutely right. However, it will prohibit us REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 5 OF 41 having a voice in how that airport grows . She thinks it is important to the community to have a voice in how that airport grows . So that they have the ability to look at our economic development and say we have an airport, and we have the ability to go to the airport and say we need certain things for this development and could they help out. We have that kind of relationship with that airport. She thinks it says nothing but good things for the future of this community. Councilmember Wilson commented he was not here last night. He asked if they are saying that if they do not vote for this they have to withdraw. Councilmember Serdy commented he does not understand that either. He asked why it has to be all or nothing. He agrees with everything Vice Mayor Barker and Councilmember Waldron are saying. He wanted to pull this for two weeks so they could get more legal advice about what the ramifications of this are . He asked if they could rewrite it or rewrite just our part of it and let the big cities do what they want. Assistant City Manager Bryant Powell stated Jane Morris from airport authority is here to address any questions . Assistant to the City Manager Matt Busby stated this process started about a year ago when this item was brought to life . They just joined last summer and had the initial capital contribution they had to do. The airport also went through some transitions . They have a new executive director, a new finance director, new legal counsel and an auditor that brought this to their attention. When they brought it up to senior staff at the airport they created a finance working group to talk through the issue and learn about it. They tried to figure out an approach to address it and allow the airport to grow into the future . The result is the least bad option. Over a nine month period airport staff and member community staff went through and came up with this option and brought it to the airport board which we sit on. It was brought to your attention they were discussing this in May or June. That is the historical perspective in why and how we were involved in it. The airport board voted two weeks ago to REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 6 OF 41 forward plans for each of the member communities' councils to consider. It is a joint powers authority agreement which needs to be signed by every community. The legal question is what would happen if we do not sign our name to that and all the rest do. He believes they would not be part of the joint powers authority but he does not know. That is a legal question. He does not know if Jane wants to clarify or speak directly to a question. Ms . Jane Morris, executive director of Phoenix-Mesa Gateway Airport, addressed the council . She said Assistant to the City Manager Matt Busby summarized the process . This was a very interactive process . She highlighted last night that in five years $80 million of these loans are due. That is not the contribution of Apache Junction. Those are the initial dollars that came with Mesa, Gilbert, Queen Creek and Gila River Indian Community. From the perspective of the audit standings these loans, which are characterized as loans, are on our books as debt and through all of the good efforts of economic development airports are very capital- intensive projects . As we move forward to being a more operating and more sustainable airport from operating revenues, those monies must be reinvested into the airport. Their current projection for phase 1 of the airport redevelopment plan is building the passenger terminal on the east side of the airport, which is closest to State Route 202 and State Route 24, and is estimated to be $350 million. What they need to do today, what has been recommended, is to look at the loans as investments in the airport. To remove that loan debt from their books and be able to go into the market is the most important thing. They need to be able to approach and look at investors to invest in the airport. With these loans they would not be successful in doing that. She does not have any more comments to add on the process . It was over a year and we did do it collaboratively with your finance and legal teams . It is her understanding that if a community does not want to sign the joint powers agreement, which is the controlling document, it is in effect their decision to leave the authority. It is a state authority. Every time they have done it as a consensus . Every vote is a consensus . This document also brings forward the consensus of those recommendations . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 7 OF 41 Vice Mayor Barker commented she believes the question is if the city chose not to sign this document would the city be entitled to reimbursement of their loan and, she believes she heard her say, the city would then withdraw from the board. She asked if the city would be entitled to a reimbursement of that loan. Ms . Jane Morris stated the reading of the loan document and promissory note that goes along with each of their two contributions is based on the ability of the airport to pay, and the airport does not have those funds to repay those loans . It is her understanding that it is a consensus document. If a community chooses not to sign the amended and restated joint powers it is the effect of removing themselves from the board. City Attorney Joel Stern stated he believes she is correct in everything she just said. He worked with Mr. Brad Holm, who is a very competent counsel, as he would not let him change anything. They worked on it for about three months . There were some clerical changes that were ultimately allowed to be changed. For example, when Apache Junction joined. The city was not a party in the early documents so a whereas clause covers that. He was able to do that at the end but only at the end. He thinks Mr. Holm had to get approval from the board directly. He was under strict orders . He did check with other city attorneys and they were told the same thing. Mayor Insalaco commented Apache Junction was on the board years ago and the city manager removed us from the board. We were asked to go on the board again. If we had stayed on the board it would not have been this amount of money. And another thing, for years Apache Junction has been the red-headed stepchild of the East Valley. We are now considered part of the East Valley. Our relationships with Mesa, Queen Creek, Chandler, and Gila River Indian Community have never been as good as they are now. He asked what it would look like if we pulled out right now. They would be back to that red-headed stepchild. We do not want to be part of the East Valley. We do not want the East Valley to grow. True, it is not in Apache Junction, but things will REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 8 OF 41 change . Things will add. It would be a big mistake if we did not go along with this . Councilmember Serdy commented he is not saying to withdraw. He wanted to clarify he is on the council for many more reasons than to try to bring a resort in. Vice Mayor Barker commented she just was quoting what he said. Councilmember Serdy commented that is not the only reason. Vice Mayor Barker commented that is what he said. It is on the record. Councilmember Serdy commented it is far from the truth. Vice Mayor Barker commented it is . Councilmember Serdy commented he does not think so. Vice Mayor Barker commented check it. Councilmember Serdy asked where he should check it. Vice Mayor Barker commented the city clerk can get it for you or tell you where to get it. Councilmember Serdy asked why they are even talking about this . Vice Mayor Barker commented she did not know. Councilmember Serdy commented they are also the stewards of the peoples' money. It is not our money to give away. It belongs to the citizens of Apache REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 9 OF 41 Junction. They have football stadiums in a lot of cities . She said the city would become an investor. He asked if that means they are part owner of the airport and would the city be getting dividends someday. He asked if the city could sell its part. He asked what is to keep the future board and future auditor from changing the rules again. Ms . Jane Morris stated she would go to the edge for her understanding of the legal perception. Councilmember Serdy commented for example, the people own the stadium for the Green Bay Packers . It belongs to everybody. It does not belong to, for instance, like Jerry Jones owns Dallas stadium. As they would be investors, they would be part owners in the airport. Ms . Jane Morris stated they had extensive discussions on characterizing the loans, they worked carefully on the loan documents, so they are a participant of the Phoenix-Mesa Gateway Airport Authority, and the Authority has the assets of the airport. They are in the policy position to direct her on how to proceed on policy decisions for the airport. The actual selling of the airport is under federal guidance. There are Federal Aviation and Administration rules on selling the airport. She could answer one part of his question as it is not an asset the board could choose to sell because of those federal regulations . It might help to understand that when they took over the base, the Department of Defense valued the airport in the $200 million range . They are obligated by that deed to operate this as an airport. The grants they have received through the federal government and the State of Arizona, the Arizona Department of Transportation grants, are equal to about $120 million. Those also come with continuing to operate the airport as a commercial airport. Those are investments that are currently positioning them to be a commercial airport and run under the guidelines of the Federal Aviation and Administration for commercial airports . They have 1, 000 acres undeveloped. We need more resorts . We need more attractions for tourism. The airport is positioned perfectly with three very long runways, as long as Sky Harbor, to be able to bring that economic impact to the East Valley. The value in the Authority is to take those assets we have and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 10 OF 41 be able to empower more economic impact and more jobs for the community. They have restrictions on selling the assets . They do releases, they do not sell the land. They work on concessions and agreements to generate the economic impact we have today. They are not owning the stock, they are not owning the actual property as it is under the Authority. There are legal constraints on how the airport could actually transition if they were suggesting selling. City Attorney Joel Stern stated the director is correct. We are not shareholders, we are participants . That is how Title 28 was done. It is a separate public entity by itself. The city is named when it comes to insurance because all of these issues came up with the attorney. If there is an accident, there is $200 million in insurance . He has never seen such a huge amount on a certificate for insurance. Each city is named individually as a party. If something happens, we are covered. But we are not a shareholder, we do not own a piece of the airport, the city is just participatory. That is how the statute was set up. There was another discussion of possibly continuing this . He was told to put it on the agenda, or at least draft the resolution, which he did. He was told it also has to go the next night. That came from the city manager' s office. He believes the attorney, Brad Holm, wants to get this done before December 31 . To continue this for two weeks, they would basically get the same legal answers . He asked Jane if there was a deadline specific, and for what reason if there was . Ms . Jane Morris stated the effort is now to coordinate and participate in six council meetings . From her understanding, those council meetings are occurring between as early as tomorrow through the end of November. She believes most of them are then, but some may fall into December. The discussion was to finish the calendar year with this amendment so they could then start the new calendar year and be significantly away from the audit the auditor said they should be five years away from, the maturity date which is 2020 . Councilmember Evans commented it is imperative we keep our position on their board. She agreed with the rest of the council that it stings that the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 11 OF 41 rules changed midgame, but when we think back to how many times the state has changed the rules on us on funding. Our state changes what is going to happen and what monies we are going to have. She asked in long term real estate business, how many times does the bank change the rules in the middle of the game. One hates it when it happens, it is terrible, but if the city expands to the south and closer to the airport, it is imperative we have a voice on where the flights paths are going to go, what part of the city is going to actually come closest to that, and, if possible, have some mega resorts in that area. They do not like it. They did not agree to spend the money based on it paying for the roads . They are two entirely different issues . But without a voice on that Authority and how it is run, our ability to bring businesses towards us is affected. It is always a slap when the rules change, but one thing they know for sure, change happens, like it or not. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE THE 2014 PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE 2014 LOAN CANCELLATION AGREEMENT; AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS, HOWEVER, I WOULD ALSO LIKE A GUARANTEE THAT OUR MONETARY OBLIGATIONS WILL NOT INCREASE, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: 6-1 (Councilmember Serdy voted in opposition. ) (Councilmember Serdy commented during the vote he is for the airport but against this agreement and he does not see how there is any way they will insure that last addendum that the vice mayor added because they can change their mind at any time. ) (Vice Mayor Barker commented during the vote that at that point she would vote to withdraw. ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 12 OF 41 (Councilmember Wilson commented during the vote he is not very comfortable with this at all . Unfortunately he missed last night and the way he understands it, either way we are losing this money. It would probably feel better if he were being held up. ) (Councilmember Rizzi commented during the vote she is actually going to change her vote and the reason she is going to change her vote is because either way we are not going to see a return on the money. So for that reason to continue to have a voice on the board, yes . ) The motion carried. PUBLIC HEARINGS PROPOSED ANNEXATION CASE AN-1-14, A CITY-INITIATED ANNEXATION OF A STRIP OF APPROXIMATELY 50 ACRES OF VACANT STATE TRUST LAND FOR ELLIOT ROAD RIGHT-OF-WAY NEAR THE MERIDIAN DRIVE ALIGNMENT ) ) Senior Planner Rudy Esquivias introduced Planning Intern Kevin Koebel who briefed the council on the item. Vice Mayor Barker asked him to explain his drawing. Planning Intern Kevin Koebel showed and explained the proposed annexation area and the approximate 50 acres the city is attempting to go after, where Meridian is, the Meridian alignment and the Elliot alignment. This will enable the city to connect Elliot Road to make it a full, through road. Councilmember Evans commented where it says Houston Avenue down the Central Arizona Project Canal will remain a county island. Planning Intern Kevin Koebel stated that is correct. Everything else south of Elliot will be REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 13 OF 41 Pinal County. The city is only looking at the 50 acres to connect Elliot Road. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. This was a discussion item only. There being no further discussion, he moved on to the next item. PROPOSED PINAL COUNTY INDUSTRIAL USE PERMIT 002-14, A PROPOSED WASTE MANAGEMENT FACILITY IN AN UNINCORPORATED AREA OF THE COUNTY ) ) Assistant City Manager Bryant Powell briefed the council on the item. Pinal County Planning Manager Steve Abraham presented the Pinal County briefing to the council on the item. Mayor Insalaco asked if there are any other plants like this in Arizona or is this the first one. Pinal County Planning Manager Steve Abraham stated he is unaware of any other facility like this in Arizona. They deal with wastewater treatment facilities and some package plants but nothing like this . He continued with his briefing. Councilmember Waldron asked what he is waiting for from Central Arizona Governments . Pinal County Planning Manager Steve Abraham stated optimally it would have been a letter stating this facility needs a 208 amendment. The county has had a longstanding policy that they get the 208 amendment first and then go through the zoning process, but the letter has not arrived as of yet. Councilmember Wilson asked if State Land had been contacted and if they are a part of the ongoing discussions on this . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 14 OF 41 Pinal County Planning Manager Steve Abraham stated they have been notified twice . He has been in relatively constant contact with some of the planners . They have not officially commented on the case but they have requested the entire file . Councilmember Wilson commented that is surrounded by State Land and it is part of the growth area we are looking at as well . Pinal County Planning Manager Steve Abraham stated that is directly to the south. Councilmember Serdy commented he said there were none here in Arizona. He asked if there were any elsewhere in the country. Pinal County Planning Manager Steve Abraham stated he did not expand his search beyond the state boundaries . Councilmember Serdy commented he is wondering what it is patterned after. He asked if it is new technology. Pinal County Planning Manager Steve Abraham stated in the applicant' s material there appears to be a marketing scheme to tie in some of the technology. This may have military applications but he does not know. He suggested the applicant may be able to talk about where he found some of that stuff. Councilmember Serdy asked if this area is clear of fissures . Pinal County Planning Manager Steve Abraham stated it has fissures on it. Significant portions of the industrial park have fissures running through them. Councilmember Serdy asked if that would never be a problem. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 15 OF 41 Pinal County Planning Manager Steve Abraham stated fissures always present a unique engineering challenge . He thinks on this site one of the fissures runs parallel to Desert View and perpendicular to Guadalupe . It would eliminate some construction opportunities on that side of the site . It is solvable . They have fissure issues in San Tan Valley and there are engineering solutions to those. Mayor Insalaco called for the representative from Cooper Family Trust. Mr. Eddie Cooper, Cooper' s Sewer and Drain, 1256 E. Baseline, Apache Junction, briefed the council on his project. Councilmember Evans commented he stated he picks up here in the East Valley, but according to their website he serves Tempe, Mesa, Queen Creek and San Tan. She asked if that is all coming to Apache Junction. Mr. Eddie Cooper stated it does right now. Councilmember Evans asked where else it would go if it does not come to Apache Junction. Mr. Eddie Cooper stated right now there is nowhere else to go. There is a facility at 51st Avenue and Van Buren in Phoenix. There are actually three pumping companies that have a facility like this in Phoenix. One is Triple A Ajax, one is A-1 Restaurant and the other is A- American over in Glendale. They put in their own facilities for the same reason. Disposal in their area has diminished right up. In order to keep the industry viable that is what the industry has turned to, is the private companies putting in their own facilities . Councilmember Evans commented none of them have the evaporation ponds he is proposing. Mr. Eddie Cooper stated that is correct. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 16 OF 41 Councilmember Evans commented their waste all goes into the city sewer. Mr. Eddie Cooper stated the water that comes off their facility goes into the city sewer. Councilmember Evans commented she understands that that is also an expense as well as building their own plant. Pending annexation down to Elliot by the city, he will be surrounded by Mesa and the city. She asked what made him go that route instead of dumping like the rest of them. New River, when it shut down in 1996, was the last open evaporation pit she is aware of, unless there are some elsewhere in the state. It is kind of like the old way of doing it. Mr. Eddie Cooper stated this is considerably different than the old way of doing it. At the evaporation pit in New River, they dumped the trucks directly into the evaporation pond. The solids were not removed. Everything went into that. This facility would take all the solids out of it and the only thing going into the evaporation ponds would be the water. Councilmember Evans commented there will not be any sludge or any scum, it will all be completely dissolved before it goes into that. Mr. Eddie Cooper stated the process will eliminate the solids . It basically uses a polymer filter press . It presses the water out to get rid of the solids . What goes into the pond is basically just water. He turned the question over to Daniel Elias to answer it better. Mr. Daniel Elias, JRC Solids, addressed the council to answer questions on the technical side . Councilmember Evans asked about the press . Mr. Daniel Elias stated he wanted to give a brief presentation as the time is very short. He proceeded with his briefing. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 17 OF 41 Mayor Insalaco commented to be fair to everybody he let him go beyond his time allotted. He requested the sewer district address the council . Mr. Darron Anglin, Executive Director for Superstition Mountains Community Facilities District No. 1, addressed the council . He gave a presentation from the district' s position on the item. Mayor Insalaco asked what they would be irrigating. Mr. Darron Anglin stated Cooper' s would be using it for landscape irrigation. He continued with his briefing. Councilmember Evans commented there are several problems with the proposed project. The thing that bothers her the most is the open pit idea. According to Mr. Cooper, because the other companies are doing the same thing, using that process for their waste, the remains, instead of going into the open pit, go into the city sewer. She asked what would be the reduction in cost to Cooper as well as any other pumping company that would want to invest to build their own kind of plant, instead of taking the waste, once they do their own separation, and pumping it into these open air pits, or taking that over to the sewage plant. She is sorry, but to her it is like third world technology. She asked if it would cost less or cost the same. Mr. Darron Anglin asked if she meant if they dumped at their plant or emptied at the plant. Councilmember Evans commented it would be what they are going to empty into the open pit. Mr. Darron Anglin stated there would be an additional cost for that. They would be classified, as in the other areas of the valley where they are located, as an industrial customer. The applicant would have to make sure they are treating this liquid and putting it back into the sewer, and it has to meet the sewer facility' s requirements . It would be something they would have to watch. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 18 OF 41 Councilmember Evans asked if that would be more than 8 cents per gallon. Mr. Darron Anglin stated he is not sure it would be more than 8 cents per gallon. He cannot speak for how much he is planning on to run the facility, but it would be more than the evaporative lagoon. Councilmember Evans commented all of the stuff the callers do are charged the same fee . Mr. Darron Anglin stated every single one . Councilmember Evans asked if they have always been charged the same fee . Mr. Darron Anglin stated as shown from the slides dating to 2000, everyone has been charged the same fee but the fee does tend to increase with the cost of inflation every year. They classify the septage as type two. If it were sewage from a pump station, a sewage pump station that failed, that would be a different type, or a chemical toilet, that is also a type three . It is a little stronger on the BOD, so that is a higher rate. Everyone is charged the 8 cents . Mayor Insalaco opened the public hearing on the item. Mr. Don O' Toole, owner and designated broker of Don O' Toole Real Estate, addressed the council . He deals primarily in commercial and industrial property. Some comments made were that this industrial area would create an adverse effect to the community he lives in, which is Sunland Springs Village . They are on the eastern side of the industrial village and he objects to this . Most uses in an industrial area do not absolutely adversely affect a neighborhood. A use such as this creates a stigma that, when people come to look at their village, will turn them off. It is incurable. The facility is a prototype. They have nothing to compare it to. They would have to tell buyers there will be a facility there while the other neighborhood they are looking at REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 19 OF 41 does not have the stigma. He asked where the buyer is going to live. He asked what kind of affect it will have on their property values, and more importantly their quality of life . He would think even those people operating in the industrial village would find this an adverse situation for them as well, health-wise or whatever. The ponding proposed has nothing it can be compared to. There is no way to ascertain what kind of effect the odor will be . The plant at 23rd Avenue and Durango was shut down because the neighbors complained about the odor, and it was blamed on the septage, so they quit allowing it. It seems to him the plant they are already using that is within one mile of his facility should be adequate to satisfy the demands of those that have septic tanks . He empathizes with those people and they do have to have a way to do them. He does not think they need to put this use in an area that is neighborhood- connected. Pinal County is a large county. They should be able to put this in an area that does not impact any neighborhoods . It does not just impact his neighborhood, it impacts Apache Junction and all the other growth areas they have in mind. Once this is approved, to try and go back in after the fact and fight it is extremely difficult to do. He would think Arizona Department of Environmental Quality would be opposed to this type of use when they have a facility as close as what they have got. He strongly encouraged the council to not support this use . Mayor Insalaco asked if there was anyone in the audience that agrees with Mr. O' Toole. He asked them to raise their hands . Mr. Craig Ahlstrom, 2233 S . Spring Wood, Mesa, addressed the council . He is president of Farnsworth Development Companies, the developers of Sunland Springs Village and president of the homeowners' association there . They have 2, 200 units, translating to about 4, 000 residents . He thanked Mr. Cooper for coming to their association meeting this morning attended by about 500 people. He gave a presentation similar to what was heard tonight. They did not take an actual vote but he bets it would be 500 to none that they are opposed, adamantly opposed, to this project. It is a situation where there has got to be other land available that is out so that when people buy in a certain area they know what is already out there. This particular type of use is not REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 20 OF 41 compatible with the existing residential area that is there or the future residential that is planned for the south. The Superstition Vistas area is going to be a gem of the East Valley. If this particular plant is placed there, there will be no gem that will happen. The one thing probably most concerning to their residents, mentioned earlier, is there is no facility we can compare this to. Mr. Sharkey, his engineer, and Mr. Cooper stated earlier today they both felt the odor and so forth would be limited but there were no guarantees . In this type of use, there needs to be some guarantees . It is too disastrous to those that have already invested lifesavings into a beautiful community and a beautiful place of residence. Mr. O' Toole voiced most of his other thoughts . He encouraged them to submit letters of opposition to the county for their hearing on November 20 . Pinal County Supervisor Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council . He stated this issue brings to light a question on what they should do in the future . There are members on the council that have septic tanks . He asked how they are going to address this issue. They need to know how to help the people who live in the county islands east of the city limits . He commented Mr. Cooper does a lot of business with that facility. For them to offer a penny difference and only a two year contract is nonsense. That is not coming to the table asking to do something. It is sloughing it off and saying they have to come to them and they can do what they want. That kind approach needs to be changed or looked at so there is a constructive conversation about how they can approach this with a very good open eye and hopefully fix this issue . They all know it is a wildcat industrial park down there . There are other issues and other uses down there that nobody wants . The city and fire district do not want them, but they are there and have to be dealt with. He hopes they have a good, open conversation about how they can do this in the future. He does not like Central Arizona Governments' inability to come up with a decision. They are the governing board for this area. They need to make an up or down vote if this is a 208 or not. That would decide it. That would finish it. If it is a 208, it goes on the 208 process . If it is not a 208, then it goes a different way. He calls on them to look at this a little more seriously because there are obviously a lot of people involved, a lot of groups involved, and they want to hear REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 21 OF 41 everybody' s point of view. There are residents here from Maricopa County that have let him know how unhappy they are with this and he has listened to their views . The question is Central Arizona Governments is the authority in this area and they need to make a ruling on the 208 . Hopefully they can make that decision soon because Arizona Department of Environmental Quality will not make a decision until Central Arizona Governments makes a decision. They are putting everybody in a hard spot. He is not a proponent for either side; he is just listening to all the facts . The issues are this : they need to figure out what they are going to do with septics; get Central Arizona Governments to approve or disapprove the 208; and have Superstition Mountains Community Facilities District come forward with an honest and real agreement for all the septic people in the area to address the issues and their future needs . Mr. Patrick Jones, Sunland Springs Village, addressed the council . The supervisor commented the existing facility should work a better deal . Offering a penny off of 8 cents per gallon was not realistic. That amounts to about 120, which is a fairly decent discount. He does not believe that holds any merit. He also mentioned there are a number of operations going on in the wildcat industrial park they do not like. It almost seems like they can just add one more to the mix and make it worse than it currently is . He does not agree with that. We all hope that when a new business comes into town it provides a positive impact for the community and residents . This facility has zero positive impact to the residents that are immediately west of it and any residential coming in south of it. It is a complete negative . They are being told by the developer that the open ponds will be just fine and wonderful . It almost looks like they are asking the residents to trust them, that maybe everything will be okay. Once that facility goes in, and whenever someone asks to trust him, that is when you should not. Once it is in, it is there . He urged the council to vote no on this project. Mayor Insalaco commented that this item is not a vote for them tonight. They have a dog in the fight but no vote as it is outside the city. Whoever spoke tonight or has a concern, he asked them to attend or get in contact with the county supervisor, the people in Maricopa County, or in Sunland Springs, get in touch with your REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 22 OF 41 representatives, your state representatives and council members, so that it all can help. Councilmember Waldron commented they are going to consider direction to staff on this under item number 12 . City Clerk Kathleen Connelly stated a couple of items down they will have a related item where they can express their opinion on this . Mayor Insalaco called for any more speakers for the public hearing. There were no none . Councilmember Evans asked to speak to Darron Anglin again. Mr. Darron Anglin stated the discount was not one penny, it was a 20o discount. The terms were negotiable, but there was no negotiation made . He was not interested, period. He wanted them to reduce half of their costs . Mayor Insalaco commented he was offered 200 . Mr. Darron Anglin stated they were offered 200, they could not do a 50o discount at this time . It would not be fair to everyone else. Councilmember Evans asked if he had closed the public hearing. City Clerk Kathleen Connelly stated he had not . Mayor Insalaco stated he had not but she could ask Darron a question. City Attorney Joel Stern stated she can as it is a different type of public hearing and they are not voting on anything. They can bring up Mr. Anglin. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 23 OF 41 If they have questions for the other participants they can ask them if they want to. Councilmember Evans commented septage is a small part of the sewer district. She asked how many haulers actually come into the sewer district. Mr. Darron Anglin stated he does not have an exact count but in a typical week there are at least a half dozen companies that come through. Councilmember Evans asked if they were different trucks from the same company. Mr. Darron Anglin stated they are different companies . Councilmember Evans commented they are actually different companies . She asked if any of them had complained of the fees . Mr. Darron Anglin stated not to himself. They have never complained to him. Sometimes they believe they are pumping something that should be type 1 versus type 2 . They get that sometimes, but he has not received that complaint recently. Councilmember Evans commented there is now an immediate urgency that they are all of a sudden going to stop taking this . Mr. Darron Anglin stated they have no plans to do that. They have been doing it since they opened. It has been almost 20 years now. They are investing almost one-quarter million dollars in it right now to make improvements to the septic station to make it better. They have no plans of taking it away. They do realize it was designed into the plant when it was built because it serves a need for this community. If they created this new facility, it would not make anyone pump their septic any more or less . They do not pump their septic because it costs money. It is underground, out of sight and out of mind. Creating their own facility, even if the sewer district did a real big adjustment, they would pass REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 24 OF 41 on to each customer a savings of roughly $20 to $25 . They would incur it every 3 to 5 years at best. He does not think that is really substantiated. Councilmember Evans commented she recently moved out of her home where she was on septic. She had it pumped once in 9 years . She knows that is not recommended but it was under $300 . It is a nothing cost. She knows whenever it is done that way it creates more problems in the sewer district. But no matter what comes in or how it comes in, it is the same fee . Mr. Darron Anglin stated a septic hauler pumps it, brings it in, and it is the same fee of 8 cents per gallon. They do encourage people to use the sewer, they are there to serve the citizens . If they cannot connect them they are there to take their septage if they need to get their system pumped. Councilmember Evans asked if the city has ever involved itself before this incident on what fees are charged, what is reasonable and what is not reasonable . Mr. Darron Anglin stated not to his recollection. City Attorney Joel Stern stated they are in a public hearing. If they want they can ask people to come forward, it is their discretion. But it is a little different than the typical public hearing and they are altering what they normally do. Mr. Don O' Toole asked if the other companies that are using the facility are questioning or complaining about the cost. Mayor Insalaco commented he already said no. He added he would take one more . Mr. Eddie Cooper stated he wanted to address the remark that was just made that he has been offered a 200 or a 5% discount. The actual meeting he had with Darron in his office was if he went to the board, and the board REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 25 OF 41 was to offer a volume discount to the pumpers, would he be interested in assuring him or the board he would deliver all of the septic he has if they developed some type of a program. He was never given a percentage, a dollar, a penny, a nothing figure . He told Darron at this point in time he did not think it was something he wanted to visit. He is looking out for not only the citizens on septic systems for just his pumping company, but for the whole industry of septic pumping in the East Valley. He wanted to clarify the myth there has been some type of arbitration or proposals for discounts . There has not been an open dialogue for that. Councilmember Evans asked if he was interested in that. Mr. Eddie Cooper stated it depends on what the ruling is as to whether or not they can put this facility in. The dialogue he had with the sewer district was they cannot offer me the price that he can process the liquid for. They certainly would be losing money so it would be foolish to even offer that. They are in the business of making a profit and they would not be able to match what that is . If he can put this facility in, it gives him stability in pricing as well as making sure there is a disposal site. Mayor Insalaco closed the public hearing and reopened the item to council discussion. There being no further discussion he closed the item and called for a ten-minute break. Mayor Insalaco reconvened the meeting. SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH FOR NOVEMBER 16, 2014 ) ) Mr. Tim Sicocan, executive director of the Boys and Girls Club of the East Valley - Apache Junction Branch, stated this event is to benefit the Boys and Girls Club. It is a concert on November 16 from 5 to 7 p.m. They will sell water and the proceeds for the event will go directly back to the programs and services they offer. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 26 OF 41 Councilmember Waldron asked why the Boys and Girls Club is having a fundraiser at a bar. Mr. Tim Sicocan stated they have several partners; some are board members . They had a 50/50 raffle at Fillies' last Sunday and two of the board members raised quite a substantial amount of money. Any time there is support, whether that is a coffee shop or anyone that wants to help in the use of their facility, if they are all consenting adults, it could be fun for programs and services for our youth. Councilmember Waldron asked what they anticipate to raise in two hours . Mr. Tim Sicocan stated with the water sales, a 50/50 and proceeds for all sales that night, he is projecting $2, 000 . Councilmember Waldron asked in two hours . Mr. Tim Sicocan stated yes . Vice Mayor Barker commented the letter states it is only 100 of their sales . One hundred percent of water sales but only 100 of the food and beverage . Mr. Tim Sicocan stated that may be amended. He commented Zia might be able to help him out on that. Vice Mayor Barker commented that is a pretty tall amount. Mr. Tim Sicocan stated that can be amended. It can still be 200 . He will not know what the full sales are . Vice Mayor Barker commented it is 100 . Zia Muhamed commented it could be done and the 50/50 sales are included. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 27 OF 41 Councilmember Evans asked if they are going to be selling bottles of water in the restaurant. Mr. Tim Sicocan stated outside in the venue . There will be a separate booth outside in the concert area. Councilmember Evans asked where the concert area is compared to the bull ring. She asked if this is on the back patio and has everything been completed. Mr. Tim Sicocan stated as far as being completed, he would have to ask what they might want to know is completed. Councilmember Evans commented that question was not really for him. It is for Rudy or city staff. She wanted to know if everything has been approved to have an event on the outside. She does not know where they stand on the development agreement. Mayor Insalaco commented they need to let the city clerk give her briefing. City Clerk Kathleen Connelly briefed the council on the item. City Attorney Joel Stern stated the city clerk is correct. The law did change and it is really for a raffle . It is supposed to be a 501C3 charitable organization. There are some exceptions but it does not include a business . One more item, something came up the other day involving some kind of false front or western town. There was an issue whether this was some kind of unpermitted structure. He is not sure if Rudy or Larry has the answer to that. He does not see the building official here so he does not know if it has been resolved. Development Services Director Larry Kirch stated they did hear of a concern. They went over there today with the building official and the building inspector. Building Official Dennis Dixon has ordered the stairs that were built onto an upper level of this store or REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 28 OF 41 fagade to be removed by tomorrow. His understanding is they spoke to the owner of the property and that was to happen tomorrow. They had a meeting today with economic development staff and some city clerk staff regarding some other issues that may need zoning approvals or conditional use permit approvals . How they relate to the use of this for a charitable event he does not know, but they are certainly working with the property owner to bring the property into compliance . There is some horse stable activity going on there where you can rent a horse and go out into the country. That may need a special use permit and certainly a business license for the operator. That is why they had the city clerk' s office involved today. There is an issue on an adjacent piece of property where the western fagade storefront apparatus just appeared. He does not know how that relates to this event. He does not have all the answers yet but they did order the stairs that go to the second floor down. Vice Mayor Barker commented Dennis Dixon noted on October 7 that attendees are not to enter or exit through the Hitching Post. She asked if that is still part of this . Development Services Director Larry Kirch stated he would have to check with Dennis . He apologized for not seeing that email . Vice Mayor Barker commented it would be pretty important to these folks to know the answer to that and if it is still a concern. She asked if the applicant is in possession of the recommendations from the police department. Zia Muhamed stated they are. Vice Mayor Barker asked if they are following them. Zia Muhamed stated they are. Vice Mayor Barker commented they have no more than 300 tickets to be sold. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 29 OF 41 Zia Muhamed stated they do. They will also have officers; he has talked to them already. He added the stairs came down today. Councilmember Waldron commented he said they would have police officers there . Zia Muhamed stated they would have two police officers . Vice Mayor Barker commented that was a suggestion the police department made. Councilmember Rizzi asked the city attorney to clarify the issue in this instance with this nonprofit having a 50/50 raffle at this establishment and why. City Attorney Joel Stern stated he does not have a copy of the law here but it basically states to do a raffle there has to be a 501C3 charitable organization that does it. Vice Mayor Barker commented the letter specifically states the Hitching Post will do it. That is what the question was . City Attorney Joel Stern stated it has to be bifurcated. Vice Mayor Barker commented it has to be the Boys and Girls Club doing it. City Attorney Joel Stern stated who runs it, who operates it; that is all laid out in the statute . City Clerk Kathleen Connelly stated she would like to expand on Joel' s explanation. Her recollection in that statute is not only does it have to be a 501C organization, but they have to have been in existence in the State of Arizona for a specific amount of time. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 30 OF 41 City Attorney Joel Stern stated it is five years . Otherwise it is considered illegal gambling. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Vice Mayor Barker commented it would be extremely beneficial for the Boys and Girls Club to clarify what their profit margin is since he was under the impression he was getting a lot more off of sales than the letter in our packet states . And the 50/50 needs to be reworded so they are the folks that are doing it, not the Hitching Post. Assistant to the City Manager Matt Busby stated he got a message from Constance Halonen earlier, who leads up the event process for community members who wish to put on events . She stated the event was approved at staff level, with the condition that if the liquor license was not approved the event could still happen but liquor could not be served in the event area. City Clerk Kathleen Connelly stated that is the law. Assistant to the City Manager Matt Busby stated she just wanted to make sure it was brought up. She would have brought it up if she had been here but she had car troubles and could not make it. Councilmember Wilson asked if the liquor being served will be in the restaurant area and not in the area where the activity will take place . City Clerk Kathleen Connelly stated she would call their attention to the diagram that was provided. They might want to ask the applicant that. Mayor Insalaco requested the applicant address the question. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 31 OF 41 Zia Muhamed stated if the application is approved it will be served in the area where the concert will be . Mayor Insalaco commented it will be in the event area. Zia Muhamed stated that is correct. Councilmember Wilson commented that is an extension of area. City Clerk Kathleen Connelly stated if this is a special event for that specific area for that one day it becomes a temporary extension of premises . It is called something different by the state. Councilmember Evans asked if it is going to be on the patio in the back. Vice Mayor Barker asked if it is going to be where the bull riding is . Councilmember Evans commented she is confused by the diagram. Vice Mayor Barker agreed. There was general discussion on the diagram. Vice Mayor Barker commented it is where the building with the fagade is . Councilmember Wilson commented that is correct. Councilmember Evans commented that is a separate parcel from where the development agreement was . It is not a part of the original development agreement. City Clerk Kathleen Connelly stated that is correct. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 32 OF 41 Councilmember Evans commented it is a fenced, open area. Zia Muhamed stated it is fenced. Councilmember Evans commented with no seating. Zia Muhamed stated no seating. Councilmember Evans stated they will be standing around milling. She asked where the stage is located. Zia Muhamed pointed on the diagram to the area the stage should be close to. Councilmember Evans commented according to this diagram, the stage is alongside Cortez where the houses are. Zia Muhamed stated no, it is on the other side. It is right behind Superstition. Councilmember Evans asked if where the letter N is goes all the way to Cortez . Zia Muhamed stated that is correct. Councilmember Evans commented it does . The houses are on the other side of Cortez . Zia Muhamed stated that is correct . Councilmember Evans commented the city does not have any agreement or any information on this new cleared area. She asked if this is okay as she has never had this before. She asked if the city has ever had an event happen like this on a parcel that is new to the city. It is not REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 33 OF 41 a part of the development agreement. It is a new parcel . She assumes it still has a different parcel number than the Hitching Post. City Attorney Joel Stern stated it is Zia they have been talking to, not Mo. He asked for his full name . Zia Muhamed stated Muhamed Zia. City Attorney Joel Stern asked if they have bought this extra piece. Zia Muhamed stated they have. City Attorney Joel Stern asked if it is directly east of the Hitching Post property. Zia Muhamed stated it is . City Attorney Joel Stern asked how many acres it is . Zia Muhamed stated it is a total of 9 acres . City Attorney Joel Stern asked if all of the event will be off to the left on the drawing. Zia Muhamed stated that is correct. City Attorney Joel Stern asked if that is where all of it will be. Zia Muhamed stated that is correct. City Attorney Joel Stern stated Cortez Road is where the dots are. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 34 OF 41 Zia Muhamed stated that is correct . City Attorney Joel Stern stated the requirement is they have a site plan, they show you where things will happen, and that is all they have to do. If it is zoned, that is a Larry question but he believes it is . City Clerk Kathleen Connelly stated Rudy answered that in one of his emails . Vice Mayor Barker agreed. Councilmember Evans commented they have a limit of 300 people. She asked if they will have Port-a-Johns and things . Zia Muhamed stated they will . Vice Mayor Barker asked if the attendees cannot enter or exit through the Hitching Post. It is in an email from Dennis Dixon on October 7 . Senior Planner Rudy Esquivias stated he thinks the issue here is there was a question about selling 300 tickets . That means everybody who will be in the restaurant and everybody who will be attending the concert will be 300 total or will there be 300 people in the event area and there might be other folks in the restaurant and if there would be any pass through, potentially creating the situation where they would have more than 300 persons in the event area. He thinks that is what Dennis was getting at. What he heard back was for that day, for that event, it will be ticket holders only. Vice Mayor Barker commented she sees where he is coming from. It confused her mightily. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 35 OF 41 AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, FOR NOVEMBER 16, 2014, SUBMITTED BY TIM SICOCAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED ANNEXATION CASE AN-2- 14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LLC, LOCATED AT THE SOUTHEAST CORNER OF TOMAHAWK AND US 60 ) Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco commented everything currently there will be basically gone. Senior Planner Rudy Esquivias stated he is rezoning and plans to tear down all the old structures that are there and create a commercial opportunity area. Mr. Wharton has been speaking to a hotel and Janine is in communication with him about some other possible businesses that might be interested in the property. Mayor Insalaco asked how many acres there are . Vice Mayor Barker asked how many people are living there . Senior Planner Rudy Esquivias stated there is about a dozen apartments there. Vice Mayor Barker asked if they are occupied. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 36 OF 41 Senior Planner Rudy Esquivias stated the apartments are occupied but the houses are not. Vice Mayor Barker commented he is planning on kicking them out and razing the property. Senior Planner Rudy Esquivias stated as leases run out and development is proposed, those folks would be eased out. Councilmember Evans commented they could lease month to month. Mayor Insalaco requested the applicant address the council . The applicant did not respond. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Evans commented this is one place she does not mind annexing. Mayor Insalaco closed the discussion. This was a public hearing only with no action and he moved on to the next item. OLD BUSINESS APPOINTMENT OF POLICE REPRESENTATIVE TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT CARL HALPERIN BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD IN A POLICE REPRESENTATIVE POSITION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 37 OF 41 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. NEW BUSINESS None . DIRECTION TO STAFF PROPOSED SOLID WASTE MANAGEMENT FACILITY ADJACENT TO THE CITY IN UNINCORPORATED PINAL COUNTY ) Assistant City Manager Bryant Powell briefed the council on the item. Senior Planner Rudy Esquivias gave an additional briefing on the item. Mayor Insalaco commented he thinks it should be a resolution that goes to the county. Councilmember Waldron asked what the date of the letter is that went to the county. Senior Planner Rudy Esquivias stated it is July 7, along with supporting material from Mr. Anglin and Mr. Blanco. If so directed, they can perhaps come up with some reasons for whatever recommendation they want to make, whether for approval or denial . Vice Mayor Barker commented she thinks that Mr. House brought up a very good point; that we do need to have a conversation about those folks that are still on septage and how we can help take care of those folks . Councilmember Evans asked if she was referring to the need for assistance in pumping. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 38 OF 41 Vice Mayor Barker commented she is referring to the fact that from what she has heard it would appear the city council is looking to send a resolution that may be in a negative context as far as this particular proposal is concerned. We do still have people within the city limits that are on septage who are a little bit concerned. She thinks it is worth a conversation. Councilmembers Evans and Rizzi agreed. Councilmember Waldron commented he did not quite follow that. There was no mention that service would be discontinued. Vice Mayor Barker commented that is true, but there was no mention that Superstition Mountains Facilities District would discontinue theirs either but it appears Mr. Cooper decided that probably was the case. She is just looking at the possibility. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROPOSED SOLID WASTE MANAGEMENT FACILITY ADJACENT TO THE CITY IN UNINCORPORATED PINAL COUNTY: THAT STAFF RESEARCH AND FIND OUT THE AUTHORITY OF THE CITY UNDER THE DMA; THAT STAFF CALL CENTRAL ARIZONA GOVERNMENTS AND GET A DETERMINATION ON THE 208 OR AT LEAST LET US GET IT ON THE AGENDA FOR THE NEXT CENTRAL ARIZONA GOVERNMENTS MEETING; AND THAT STAFF DRAFT A RESOLUTION IN OPPOSITION TO THE JRC PROPOSAL OUTLINING THE POINTS IN OUR LETTER TO THE PINAL COUNTY PLANNING AND ZONING DATED JULY 7, 2014, WITH THE SUPPORTING DOCUMENTS . Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly asked if they want the resolution back on the next agenda. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 39 OF 41 Mayor Insalaco commented that is correct. VOTE : Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, NOVEMBER 17, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, NOVEMBER 18, 2014, IN THE CITY COUNCIL CHAMBERS . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 9 : 33 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 21, 2014 . 3 . Consideration of approval of Resolution No . 14-40, authorizing the mayor to execute the 2014 Phoenix-Mesa Gateway Airport Authority Amended and Restated Joint Powers Airport Authority Agreement and the 2014 Loan Cancellation REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 40 OF 41 Agreement, and authorizing city staff to implement all necessary actions to fulfill the agreement obligations . ACCEPTED THIS 18TH DAY OF NOVEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF NOVEMBER, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 4th day of November, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of November, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 41 OF 41 CITY COUNCIL REGULAR MEETING NOVEMBER 4, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 4 , 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Mayor Insalaco gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Assistant to the City Manager Matt Busby Others Present : Revenue Resource Manager Roger Hacker REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 1 OF 41 Senior Planner Rudy Esquivias Planning Intern Kevin Koelbel ACCEPTANCE OF CONSENT AGENDA ) �) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ITEM NUMBER 3 BE MOVED TO FOLLOW THE CITY MANAGER' S REPORT. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating the City of Apache Junction as a Purple Heart City and presented the proclamation to Mike Ferguson, Purple Heart recipient from Viet Nam in 1967 . Councilmember Waldron read a brief history of his accomplishments . Revenue Resource Manager Roger Hacker briefed the council on the Art and Betsy Grandlich Animal Welfare Trust and the Arizona Community Foundation for the purchase and installation of a commercial grade washer and dryer at the Paws and Claws Care Center. He introduced their daughter, Janine Daniel, who talked about their legacy and her participation in the grants funded from the Trust . He introduced Morgan Bishop, the philanthropic services coordinator for the Arizona Community Foundation, who talked about the fund distributing $250, 000 annually for animal welfare. He then advised the projects funded in the community. The Paws and Claws Care Center received $27, 730 for the industrial grade washer and dryer, East Valley New Life Rescue received $15, 000 for medical, dental and adoption services, and Paws 4 Life received $20, 000 for training the trainer for service dogs and a video. ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 2 OF 41 Vice Mayor Barker announced the mayor, Councilmember Waldron and she attended the HeadStart open house and took a tour of the facility. Vice Mayor Barker announced Councilmember Evans and she attended the G.A. I .N . /Parks and Recreation Department Halloween on Friday night. Vice Mayor Barker reminded everyone this weekend is the Festival of the Superstitions with a motorcycle parade of flags on Sunday morning. Vice Mayor Barker announced the Veterans' Day Parade will be on Tuesday at 9 : 30 on Apache Trail. Councilmember Evans announced last weekend was the first farmers' market bazaar held at Earth Heart Park. It will be the first Saturday of every month through April . Councilmember Evans announced Audie is the pet of the month for adoption and gave a brief description on her. She added Paws and Claws is requesting a donation of an aviary-type structure to exercise the cats . Councilmember Serdy commented on his dog locking itself in the car with the air conditioner running and park rangers being called to open the door. Councilmember Serdy announced there will be a lot of events for the veterans on Sunday morning at the Festival of the Superstitions . Councilmember Wilson announced Ben Johnson Days are going on this weekend. Councilmember Rizzi commented on her husband and her going to Paws and Claws last weekend and adopting two dogs . They have a meet and greet area to bring prospective adopted dogs to meet the owner' s current dogs to determine if they will get along. They also get four free training sessions when adopting a dog. CITY MANAGER' S REPORT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 3 OF 41 Assistant City Manager Bryant Powell commented on the park ranger program cross-training, his meeting Janine Daniel and her husband for dinner that night, investing in quality staff employees, the construction at Meridian and US 60, staff discussions starting on the capital improvement plan, and presented the first city entry way signs . CONSENT AGENDA (CONTINUED) RESOLUTION NO. 14-40, AUTHORIZING THE MAYOR TO EXECUTE THE 2014 PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE 2014 LOAN CANCELLATION AGREEMENT AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTION TO FULFILL THE AGREEMENT OBLIGATIONS ) .Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Serdy commented he is not against the airport . He thinks when they voted to join the board he was one of the ones pushing for it . What upsets him is their changing the rules after the city has joined. It has only been 18 months . It feels like a slap in the face to change it like this. It would be nice to be paid back like the deal we made. Even though it would be 30 years from now and they would all be gone, but the heirs can use that and that was the deal we made. For them to say they are not going to pay the city back, it stings . He would like to know if there is some way to vote to stay with them if these other big cities that are better off than Apache Junction can take the hit and not be paid back, maybe we can be paid back. They did say yesterday this year is the first year they have made a profit . Things are turning around. He dc.es not see why they cannot honor their part of the deal . Councilmember Rizzi commented she agrees with Councilmember Serdy. She thinks it is an investment in our community and feels it is important for them to honor the repayment, even though it would take many, many REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 4 OF 41 years for that to happen. She is concerned when they ask their constituents for money to fix the roads and we have this situation; $675, 900 we expected to get back and are now being told they will not get it back, when in fact they are starting to make a profit . She agrees with Councilmember Serdy. She is concerned about how that looks and how it feels . It does feel like a sting. Councilmember Waldron commented he understands the airport' s position as far as financing is concerned. He understands the need to do that. He understands the need to operate as a business and that requires financing. Their seat on the board, and he believes Councilmember Serdy is on the tourism board for the state, the airport is a magnet for tourism. They have talked about that quite regularly in different avenues that have come up. He thinks it is important Apache Junction be on that board. He has to agree he does not like the situation but he understands the situation. The airport cannot go out and finance to do the things they need to do with these classified as loans . Over the years Apache Junction has clawed its way from the joke of the valley to a place where we are recognized as a progressive city. We are involved in the airport authority, we are involved in various aspects throughout the East Valley particularly, and he believes they need to maintain that. It has been a long, hard fight. It is difficult to swallow this, there is no question about it. But he thinks the importance of having our seat on the board of directors for the airport in the East Valley is critical to our future. Vice Mayor Barker commented it is difficult to swallow. She thinks when she was first informed of this at an airport meeting this summer she wanted to choke someone, considered it, had a long talk, and decided although she does not like it, she does understand it . This is an investment in our future. Councilmember Serdy had announced on this dais that the only reason he is on the council is to see to it that a resort comes to this community. A resort wants an airport. Tourists tend to fly, as well as drive, they like to have a shuttle that goes from their airport to the resort. Both of those would benefit from this airport . Granted their not being on the board is not going to prohibit that airport from growing. He is absolutely right. However, it will prohibit us REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 5 OF 41 having a voice in how that airport grows. She thinks it is important to the community to have a voice in how that airport grows. So that they have the ability to look at our economic development and say we have an airport, and we have the ability to go to the airport and say we need certain things for this development and could they help out . We have that kind of relationship with that airport. She thinks it says nothing but good things for the future of this community. Councilmember Wilson commented he was not here last night . He asked if they are saying that if they do not vote for this they have to withdraw. Councilmember Serdy commented he does not understand that either. He asked why it has to be all or nothing. He agrees with everything Vice Mayor Barker and Councilmember Waldron are saying. He wanted to pull this for two weeks so they could get more legal advice about what the ramifications of this are. He asked if they could rewrite it or rewrite just our part of it and let the big cities do what they want. Assistant City Manager Bryant Powell stated Jane Morris from airport authority is here to address any questions . Assistant to the City Manager Matt Busby stated this process started about a year ago when this item was brought to life. They just joined last summer and had the initial capital contribution they had to do. The airport also went through some transitions . They have a new executive director, a new finance director, new legal counsel and an auditor that brought this to their attention. When they brought it up to senior staff at the airport they created a finance working group to talk through the issue and learn about it . They tried to figure out an approach to address it and allow the airport to grow into the future . The result is the least bad option. Over a nine month period airport staff and member community staff went through and came up with this option and brought it to the airport board which we sit on. It was brought to your attention they were discussing this in May or June. That is the historical perspective in why and how we were involved in it . The airport board voted two weeks ago to REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 6 OF 41 forward plans for each of the member communities' councils to consider. It is a joint powers authority agreement which needs to be signed by every community. The legal question is what would happen if we do not sign our name to that and all the rest do. He believes they would not be part of the joint powers authority but he does not know. That is a legal question. He does not know if Jane wants to clarify or speak directly to a question. Ms. Jane Morris, executive director of Phoenix-Mesa Gateway Airport, addressed the council . She said Assistant to the City Manager Matt Busby summarized the process . This was a very interactive process. She highlighted last night that in five years $80 million of these loans are due. That is not the contribution of Apache Junction. Those are the initial dollars that came with Mesa, Gilbert, Queen Creek and Gila River Indian Community. From the perspective of the audit standings these loans, which are characterized as loans, are on our books as debt and through all of the good efforts of economic development airports are very capital- intensive projects . As we move forward to being a more operating and more sustainable airport from operating revenues, those monies must be reinvested into the airport . Their current projection for phase 1 of the airport redevelopment plan is building the passenger terminal on the east side of the airport, which is closest to State Route 202 and State Route 24 , and is estimated to be $350 million. What they need to do today, what has been recommended, is to look at the loans as investments in the airport . To remove that loan debt from their books and be able to go into the market is the most important thing. They need to be able to approach and look at investors to invest in the airport . With these loans they would not be successful in doing that. She does not have any more comments to add on the process . It was over a year and we did do it collaboratively with your finance and legal teams. It is her understanding that if a community does not want to sign the joint powers agreement, which is the controlling document, it is in effect their decision to leave the authority. It is a state authority. Every time they have done it as a consensus . Every vote is a consensus. This document also brings forward the consensus of those recommendations . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE � OF 41 Vice Mayor Barker commented she believes the question is if the city chose not to sign this document would the city be entitled to reimbursement of their loan and, she believes she heard her say, the city would then withdraw from the board. She asked if the city would be entitled to a reimbursement of that loan. Ms. Jane Morris stated the reading of the loan document and promissory note that goes along with each of their two contributions is based on the ability of the airport to pay, and the airport does not have those funds to repay those loans . It is her understanding that it is a consensus document . If a community chooses not to sign the amended and restated joint powers it is the effect of removing themselves from the board. City Attorney Joel Stern stated he believes she is correct in everything she just said. He worked with Mr . Brad Holm, who is a very competent counsel, as he would not let him change anything. They worked on it for about three months . There were some clerical changes that were ultimately allowed to be changed. For example, when Apache Junction joined. The city was not a party in the early documents so a whereas clause covers that. He was able to do that at the end but only at the end. He thinks Mr. Holm had to get approval from the board directly. He was under strict orders . He did check with other city attorneys and they were told the same thing . Mayor Insalaco commented Apache Junction was on the board years ago and the city manager removed us from the board. We were asked to go on the board again. If we had staved on the board it would not have been this amount of money. And another thing, for years Apache Junction has been the red-headed stepchild of the East Valley. We are now considered part of the East Valley. Our relationships with Mesa, Queen Creek, Chandler, and Gila River Indian Community have never been as good as they are now. He asked what it would look like if we pulled out right now. They would be back to that red-headed stepchild. We do not want to be part of the East Valley. We do not want the East Valley to grow. True, it is not in Apache Junction, but things will REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 8 OF 41 change. Things will add. It would be a big mistake if we did not go along with this. Councilmember Serdy commented he is not saying to withdraw. He wanted to clarify he is on the council for many more reasons than to try to bring a resort in. Vice Mayor Barker commented she just was quoting what he said. Councilmember Serdy commented that is not the only reason. Vice Mayor Barker commented that is what he said. It is on the record. Councilmember Serdy commented it is far from the truth. Vice Mayor Barker commented it is. Councilmember Serdy commented he does not think so. Vice Mayor Barker commented check it. Co,.:nci imember Serdy asked where he should check it . Vice Mayor Barker commented the city clerk can get it for you or tell you where to get it. Councilmember Serdy asked why they are even talking about this . Vice Mayor Barker commented she did not know. Councilmember Serdy commented they are also the stewards of the peoples' money. It is not our money to give away. It belongs to the citizens of Apache REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 9 OF 41 Junction. They have football stadiums in a lot of cities. She said the city would become an investor. He asked if that means they are part owner of the airport and would the city be getting dividends someday. He asked if the city could sell its part . He asked what is to keep the future board and future auditor from changing the rules again. Ms. Jane Morris stated she would go to the edge for her understanding of the legal perception. Councilmember Serdy commented for example, the people own the stadium for the Green Bay Packers. It belongs to everybody. It does not belong to, for instance, like Jerry Jones owns Dallas stadium. As they would be investors, they would be part owners in the airport . Ms. Jane Morris stated they had extensive discussions on characterizing the loans, they worked carefully on the loan documents, so they are a participant of the Phoenix-Mesa Gateway Airport Authority, and the Authority has the assets of the airport. They are in the policy position to direct her on how to proceed on policy decisions for the airport. The actual selling of the airport is under federal guidance . There are Federal Aviation and Administration rules on selling the airport . She could answer one part of his question as it is not an asset the board could choose to sell because of those federal regulations . It might help to understand that when they took over the base, the Department of Defense valued the airport in the $200 million range. They are obligated by that deed to operate this as an airport . The grants they have received through the federal government and the State of Arizona, the Arizona Department of Transportation grants, are equal to about $120 million. Those also come with continuing to operate the airport as a commercial airport. Those are investments that are currently positioning them to be a commercial airport and run under the guidelines of the Federal Aviation and Administration for commercial airports . They have 1, 000 acres undeveloped. We need more resorts. We need more attractions for tourism. The airport is positioned perfectly with three very long runways, as long as Sky Harbor, to be able to bring that economic impact to the East Valley. The value in the Authority is to take those assets we have and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 10 OF 41 be able to empower more economic impact and more jobs for the community. They have restrictions on selling the assets. They do releases, they do not sell the land. They work on concessions and agreements to generate the economic impact we have today. They are not owning the stock, they are not owning the actual property as it is under the Authority. There are legal constraints on how the airport could actually transition if they were suggesting selling. City Attorney Joel Stern stated the director is correct. We are not shareholders, we are participants . That is how Title 28 was done . It is a separate public entity by itself. The city is named when it comes to insurance because all of these issues came up with the attorney. If there is an accident, there is $200 million in insurance. He has never seen such a huge amount on a certificate for insurance. Each city is named individually as a party. If something happens, we are covered. But we are not a shareholder, we do not own a piece of the airport, the city is just participatory. That is how the statute was set up. There was another discussion of possibly continuing this . He was told to put it on the agenda, or at least draft the resolution, which he did. He was told it also has to go the next night. That came from the city manager' s office. He believes the attorney, Brad Holm, wants to get this done before December 31 . To continue this for two weeks, they would basically get the same legal answers . He asked Jane if there was a deadline specific, and for what reason if there was. Ms . Jane Morris stated the effort is now to coordinate and participate in six council meetings . From her understanding, those council meetings are occurring between as early as tomorrow through the end of November. She believes most of them are then, but some may fall into December. The discussion was to finish the calendar year with this amendment so they could then start the new calendar year and be significantly away from the audit the auditor said they should be five years away from, the maturity date which is 2020. Councilmember Evans commented it is imperative we keep our position on their board. She agreed with the rest of the council that it stings that the REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 11 OF 41 rules changed midgame, but when we think back to how many times the state has changed the rules on us on funding. Our state changes what is going to happen and what monies we are going to have. She asked in long term real estate business, how many times does the bank change the rules in the middle of the game. One hates it when it happens, it is terrible, but if the city expands to the south and closer to the airport, it is imperative we have a voice on where the flights paths are going to go, what part of the city is going to actually come closest to that, and, if possible, have some mega resorts in that area . They do not like it. They did not agree to spend the money based on it paying for the roads . They are two entirely different issues. But without a voice on that Authority and how it is run, our ability to bring businesses towards us is affected. It is always a slap when the rules change, but one thing they know for sure, change happens, like it or not . Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 14-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE THE 2014 PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE 2014 LOAN CANCELLATION AGREEMENT; AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS, HOWEVER, I WOULD ALSO LIKE A GUARANTEE THAT OUR MONETARY OBLIGATIONS WILL NOT INCREASE, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: 6-1 (Councilmember Serdy voted in opposition. ) (Councilmember Serdy commented during the vote he is for the airport but against this agreement and he does not see how there is any way they will insure that last addendum that the vice mayor added because they can change their mind at any time. ) (Vice Mayor Barker commented during the vote that at that point she would vote to withdraw. ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 12 OF 41 (Councilmember Wilson commented during the vote he is not very comfortable with this at all . Unfortunately he missed last night and the way he understands it, either way we are losing this money. It would probably feel better if he were being held up. ) (Councilmember Rizzi commented during the vote she is actually going to change her vote and the reason she is going to change her vote is because either way we are not going to see a return on the money. So for that reason to continue to have a voice on the board, yes . ) The motion carried. PUBLIC HEARINGS PROPOSED ANNEXATION CASE AN-1-14, A CITY-INITIATED ANNEXATION OF A STRIP OF APPROXIMATELY 50 ACRES OF VACANT STATE TRUST LAND FOR ELLIOT ROAD RIGHT-OF-WAY NEAR THE MERIDIAN DRIVE ALIGNMENT ) ) Senior Planner Rudy Esquivias introduced Planning Intern Kevin Koelbel who briefed the council on the item. Vice Mayor Barker asked him to explain his drawing. Planning Intern Kevin Koelbel showed and explained the proposed annexation area and the approximate 50 acres the city is attempting to go after, where Meridian is, the Meridian alignment and the Elliot alignment . This will enable the city to connect Elliot Road to make it a full, through road. Councilmember Evans commented where it says Houston Avenue down the Central Arizona Project Canal will remain a county island. Planning Intern Kevin Koelbel stated that is correct . Everything else south of Elliot will be REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 13 OF 41 Pinal County. The city is only looking at the 50 acres to connect Elliot Road. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. This was a discussion item only. There being no further discussion, he moved on to the next item. PROPOSED PINAL COUNTY INDUSTRIAL USE PERMIT 002-14 , A PROPOSED WASTE MANAGEMENT FACILITY IN AN UNINCORPORATED AREA OF THE COUNTY ) ) Assistant City Manager Bryant Powell briefed the council on the item. Pinal County Planning Manager Steve Abraham presented the Pinal County briefing to the council on the item. Mayor Insalaco asked if there are any other plants like this in Arizona or is this the first one. Pinal County Planning Manager Steve Abraham stated he is unaware of any other facility like this in Arizona . They deal with wastewater treatment facilities and some package plants but nothing like this . He continued with his briefing. Councilmember Waldron asked what he is waiting for from Central Arizona Governments . Pinal County Planning Manager Steve Abraham stated optimally it would have been a letter stating this facility needs a 208 amendment . The county has had a longstanding policy that they get the 208 amendment first and then go through the zoning process, but the letter has not arrived as of yet . Councilmember Wilson asked if State Land had been contacted and if they are a part of the ongoing discussions on this. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4,. 2014 PAGE 14. OF 41 Pinal County Planning Manager Steve Abraham stated they have been notified twice . He has been in relatively constant contact with some of the planners. They have not officially commented on the case but they have requested the entire file. Councilmember Wilson commented that is surrounded by State Land and it is part of the growth area we are looking at as well. Pinal County Planning Manager Steve Abraham stated that is directly to the south. Councilmember Serdy commented he said there were none here in Arizona. He asked if there were any elsewhere in the country. Pinal County Planning Manager Steve Abraham stated he did not expand his search beyond the state boundaries . Councilmember Serdy commented he is wondering what it is patterned after. He asked if it is new technology. Pinal County Planning Manager Steve Abraham stated in the applicant' s material there appears to be a marketing scheme to tie in some of the technology. This may have military applications but he does not know. He suggested the applicant may be able to talk about where he found some of that stuff. Councilmember Serdy asked if this area is clear of fissures . Pinal County Planning Manager Steve Abraham stated it has fissures on it . Significant portions of the industrial park have fissures running through them. Councilmember Serdy asked if that would never be a problem. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 15 OF 41 Pinal County Planning Manager Steve Abraham stated fissures always present a unique engineering challenge . He thinks on this site one of the fissures runs parallel to Desert View and perpendicular to Guadalupe. It would eliminate some construction opportunities on that side of the site. It is solvable. They have fissure issues in San Tan Valley and there are engineering solutions to those. Mayor Insalaco called for the representative from Cooper Family Trust . Mr. Eddie Cooper, Cooper' s Sewer and Drain, 1256 E. Baseline, Apache Junction, briefed the council on his project . Councilmember Evans commented he stated he picks up here in the East Valley, but according to their website he serves Tempe, Mesa, Queen Creek and San Tan. She asked if that is all coming to Apache Junction. Mr. Eddie Cooper stated it does right now. Councilmember Evans asked where else it would go if it does not come to Apache Junction. Mr. Eddie Cooper stated right now there is nowhere else to go. There is a facility at 51st Avenue and Van Buren in Phoenix. There are actually three pumping companies that have a facility like this in Phoenix. One is Triple A Ajax, one is A-1 Restaurant and the other is A- American over in Glendale. They put in their own facilities for the same reason. Disposal in their area has diminished right up. In order to keep the industry viable that is what the industry has turned to, is the private companies putting in their own facilities . Councilmember Evans commented none of them have the evaporation ponds he is proposing. Mr. Eddie Cooper stated that is correct. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 16 OF 41 Councilmember Evans commented their waste all goes into the city sewer. Mr. Eddie Cooper stated the water that comes off their facility goes into the city sewer. Councilmember Evans commented she understands that that is also an expense as well as building their own plant . Pending annexation down to Elliot by the city, he will be surrounded by Mesa and the city. She asked what made him go that route instead of dumping like the rest of them. New River, when it shut down in 1996, was the last open evaporation pit she is aware of, unless there are some elsewhere in the state. It is kind of like the old way of doing it . Mr. Eddie Cooper stated this is considerably different than the old way of doing it. At the evaporation pit in New River, they dumped the trucks directly into the evaporation pond. The solids were not removed. Everything went into that. This facility would take all the solids out of it and the only thing going into the evaporation ponds would be the water. Councilmember Evans commented there will not be any sludge or any scum, it will all be completely dissolved before it goes into that. Mr. Eddie Cooper stated the process will eliminate the solids. It basically uses a polymer filter press. It presses the water out to get rid of the solids . What goes into the pond is basically just water. He turned the question over to Daniel Elias to answer it better. Mr. Daniel Elias, JRC Solids, addressed the council to answer questions on the technical side. Councilmember Evans asked about the press . Mr. Daniel Elias stated he wanted to give a brief presentation as the time is very short. He proceeded with his briefing . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 17 OF 41 Mayor Insalaco commented to be fair to everybody he let him go beyond his time allotted. He requested the sewer district address the council . Mr. Darron Anglin, Executive Director for Superstition Mountains Community Facilities District No. 1, addressed the council . He gave a presentation from the district' s position on the item. Mayor Insalaco asked what they would be irrigating. Mr. Darron Anglin stated Cooper' s would be using it for landscape irrigation. He continued with his briefing. Councilmember Evans commented there are several problems with the proposed project . The thing that bothers her the most is the open pit idea . According to Mr. Cooper, because the other companies are doing the same thing, using that process for their waste, the remains, instead of going into the open pit, go into the city sewer. She asked what would be the reduction in cost to Cooper as well as any other pumping company that would want to invest to build their own kind of plant, instead of taking the waste, once they do their own separation, and pumping it into these open air pits, or taking that over to the sewage plant. She is sorry, but to her it is like third world technology. She asked if it would cost less or cost the same. Mr. Darron Anglin asked if she meant if they dumped at their plant or emptied at the plant. Councilmember Evans commented it would be what they are going to empty into the open pit. Mr. Darron Anglin stated there would be an additional cost for that . They would be classified, as in the other areas of the valley where they are located, as an industrial customer. The applicant would have to make sure they are treating this liquid and putting it back into the sewer, and it has to meet the sewer facility' s requirements. It would be something they would have to watch. REGULAR. MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 18 OF 41 Councilmember Evans asked if that would be more than 8 cents per gallon. Mr. Darron Anglin stated he is not sure it would be more than 8 cents per gallon. He cannot speak for how much he is planning on to run the facility, but it would be more than the evaporative lagoon. Councilmember Evans commented all of the stuff the callers do are charged the same fee. Mr. Darron Anglin stated every single one. Councilmember Evans asked if they have always been charged the same fee. Mr. Darron Anglin stated as shown from the slides dating to 2000, everyone has been charged the same fee but the fee does tend to increase with the cost of inflation every year. They classify the septage as type two. If it were sewage from a pump station, a sewage pump station that failed, that would be a different type, or a chemical toilet, that is also a type three. It is a little stronger on the BOD, so that is a higher rate. Everyone is charged the 8 cents. Mayor Insalaco opened the public hearing on the item. Mr. Don O' Toole, owner and designated broker of Don O' Toole Real Estate, addressed the council. He deals primarily in commercial and industrial property. Some comments made were that this industrial area would create an adverse effect to the community he lives in, which is Sunland Springs Village . They are on the eastern side of the industrial village and he objects to this . Most uses in an industrial area do not absolutely adversely affect a neighborhood. A use such as this creates a stigma that, when people come to look at their village, will turn them off. It is incurable. The facility is a prototype. They have nothing to compare it to. They would have to tell buyers there will be a facility there while the other neighborhood they are looking at REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 19 OF 41 does not have the stigma . He asked where the buyer is going to live. He asked what kind of affect it will have on their property values, and more importantly their quality of life. He would think even those people operating in the industrial village would find this an adverse situation for them as well, health-wise or whatever. The ponding proposed has nothing it can be compared to. There is no way to ascertain what kind of effect the odor will be . The plant at 23rd Avenue and Durango was shut down because the neighbors complained about the odor, and it was blamed on the septage, so they quit allowing it . It seems to him the plant they are already using that is within one mile of his facility should be adequate to satisfy the demands of those that have septic tanks . He empathizes with those people and they do have to have a way to do them. He does not think they need to put this use in an area that is neighborhood- connected. Pinal County is a large county. They should be able to put this in an area that does not impact any neighborhoods. It does not just impact his neighborhood, it impacts Apache Junction and all the other growth areas they have in mind. Once this is approved, to try and go back in after the fact and fight it is extremely difficult to do. He would think Arizona Department of Environmental Quality would be opposed to this type of use when they have a facility as close as what they have got. He strongly encouraged the council to not support this use. Mayor Insalaco asked if there was anyone in the audience that agrees with Mr . O' Toole . He asked them to raise their hands . Mr. Craig Ahlstrom, 2233 S. Spring Wood, Mesa, addressed the council . He is president of Farnsworth Development Companies, the developers of Sunland Springs Village and president of the homeowners' association there. They have 2, 200 units, translating to about 4 , 000 residents . He thanked Mr. Cooper for coming to their association meeting this morning attended by about 500 people. He gave a presentation similar to what was heard tonight . They did not take an actual vote but he bets it would be 500 to none that they are opposed, adamantly opposed, to this project . It is a situation where there has got to be other land available that is out so that when people buy in a certain area they know what is already out there . This particular type of use is not REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 20 OF 41 compatible with the existing residential area that is there or the future residential that is planned for the south. The Superstition Vistas area is going to be a gem of the East Valley. If this particular plant is placed there, there will be no gem that will happen. The one thing probably most concerning to their residents, mentioned earlier, is there is no facility we can compare this to. Mr. Sharkey, his engineer, and Mr. Cooper stated earlier today they both felt the odor and so forth would be limited but there were no guarantees . In this type of use, there needs to be some guarantees. It is too disastrous to those that have already invested lifesavings into a beautiful community and a beautiful place of residence . Mr. O' Toole voiced most of his other thoughts . He encouraged them to submit letters of opposition to the county for their hearing on November 20 . Pinal County Supervisor Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council . He stated this issue brings to light a question on what they should do in the future . There are members on the council that have septic tanks . He asked how they are going to address this issue. They need to know how to help the people who live in the county islands east of the city limits. He commented Mr. Cooper does a lot of business with that facility. For them to offer a penny difference and only a two year contract is nonsense . That is not coming to the table asking to do something. It is sloughing it off and saying they have to come to them and they can do what they want . That kind approach needs to be changed or looked at so there is a constructive conversation about how they can approach this with a very good open eye and hopefully fix this issue . They all know it is a wildcat industrial park down there. There are other issues and other uses down there that nobody wants . The city and fire district do not want them, but they are there and have to be dealt with. He hopes they have a good, open conversation about how they can do this in the future. He does not like Central Arizona Governments' inability to come up with a decision. They are the governing board for this area. They need to make an up or down vote if this is a 208 or not. That would decide it. That would finish it . If it is a 208, it goes on the 208 process. If it is not a 208, then it goes a different way. He calls on them to look at this a little more seriously because there are obviously a lot of people involved, a lot of groups involved, and they want to hear REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 21 OF 41 everybody' s point of view. There are residents here from Maricopa County that have let him know how unhappy they are with this and he has listened to their views . The question is Central Arizona Governments is the authority in this area and they need to make a ruling on the 208 . Hopefully they can make that decision soon because Arizona Department of Environmental Quality will not make a decision until Central Arizona Governments makes a decision. They are putting everybody in a hard spot. He is not a proponent for either side; he is just listening to all the facts . The issues are this : they need to figure out what they are going to do with septics; get Central Arizona Governments to approve or disapprove the 208; and have Superstition Mountains Community Facilities District come forward with an honest and real agreement for all the septic people in the area to address the issues and their future needs . Mr. Patrick Jones, Sunland Springs Village, addressed the council . The supervisor commented the existing facility should work a better deal . Offering a penny off of 8 cents per gallon was not realistic. That amounts to about 12%, which is a fairly decent discount . He does not believe that holds any merit . He also mentioned there are a number of operations going on in the wildcat industrial park they do not like. It almost seems like they can just add one more to the mix and make it worse than it currently is. He does not agree with that. We all hope that when a new business comes into town it provides a positive impact for the community and residents . This facility has zero positive impact to the residents that are immediately west of it and any residential coming in south of it. It is a complete negative . They are being told by the developer that the open ponds will be just fine and wonderful . It almost looks like they are asking the residents to trust them, that maybe everything will be okay. Once that facility goes in, and whenever someone asks to trust him, that is when you should not. Once it is in, it is there. He urged the council to vote no on this project. Mayor Insalaco commented that this item is not a vote for them tonight . They have a dog in the fight but no vote as it is outside the city. Whoever spoke tonight or has a concern, he asked them to attend or get in contact with the county supervisor, the people in Maricopa County, or in Sunland Springs, get in touch with your REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 22 OF 41 representatives, your state representatives and council members, so that it all can help. Councilmember Waldron commented they are going to consider direction to staff on this under item number 12 . City Clerk Kathleen Connelly stated a couple of items down they will have a related item where they can express their opinion on this . Mayor Insalaco called for any more speakers for the public hearing. There were no none . Councilmember Evans asked to speak to Darron Anglin again. Mr. Darron Anglin stated the discount was not one penny, it was a 20% discount. The terms were negotiable, but there was no negotiation made. He was not interested, period. He wanted them to reduce half of their costs. Mayor Insalaco commented he was offered 20% . Mr. Darron Anglin stated they were offered 20%, they could not do a 50% discount at this time. It would not be fair to everyone else . Councilmember Evans asked if he had closed the public hearing. City Clerk Kathleen Connelly stated he had not . Mayor Insalaco stated he had not but she could ask Darron a question. City Attorney Joel Stern stated she can as it is a different type of public hearing and they are not voting on anything. They can bring up Mr. Anglin. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 23 OF 41 If they have questions for the other participants they can ask them if they want to. Councilmember Evans commented septage is a small part of the sewer district . She asked how many haulers actually come into the sewer district. Mr. Darron Anglin stated he does not have an exact count but in a typical week there are at least a half dozen companies that come through. Councilmember Evans asked if they were different trucks from the same company. Mr . Darron Anglin stated they are different companies. Councilmember Evans commented they are actually different companies . She asked if any of them had complained of the fees. Mr. Darron Anglin stated not to himself. They have never complained to him. Sometimes they believe they are pumping something that should be type 1 versus type 2 . They get that sometimes, but he has not received that complaint recently. Councilmember Evans commented there is now an immediate urgency that they are all of a sudden going to stop taking this . Mr. Darron Anglin stated they have no plans to do that . They have been doing it since they opened. It has been almost 20 years now. They are investing almost one-quarter million dollars in it right now to make improvements to the septic station to make .it better. They have no plans of taking it away. They do realize it was designed into the plant when it was built because it serves a need for this community. If they created this new facility, it would not make anyone pump their septic any more or less . They do not pump their septic because it costs money. It is underground, out of sight and out of mind. Creating their own facility, even if the sewer district did a real big adjustment, they would pass REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 24 OF 41 on to each customer a savings of roughly $20 to $25 . They would incur it every 3 to 5 years at best . He does not think that is really substantiated. Councilmember Evans commented she recently moved out of her home where she was on septic . She had it pumped once in 9 years. She knows that is not recommended but it was under $300 . It is a nothing cost . She knows whenever it is done that way it creates more problems in the sewer district . But no matter what comes in or how it comes in, it is the same fee . Mr. Darron Anglin stated a septic hauler pumps it, brings it in, and it is the same fee of 8 cents per gallon. They do encourage people to use the sewer, they are there to serve the citizens . If they cannot connect them they are there to take their septage if they need to get their system pumped. Councilmember Evans asked if the city has ever involved itself before this incident on what fees are charged, what is reasonable and what is not reasonable. Mr. Darron Anglin stated not to his recollection. City Attorney Joel Stern stated they are in a public hearing. If they want they can ask people to come forward, it is their discretion. But it is a little different than the typical public hearing and they are altering what they normally do. Mr. Don O' Toole asked if the other companies that are using the facility are questioning or complaining about the cost . Mayor Insalaco commented he already said no. He added he would take one more. Mr. Eddie Cooper stated he wanted to address the remark that was just made that he has been offered a 20% or a 5% discount. The actual meeting he had with Darron in his office was if he went to the board, and the board REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 25 OF 41 was to offer a volume discount to the pumpers, would he be interested in assuring him or the board he would deliver all of the septic he has if they developed some type of a program. He was never given a percentage, a dollar, a penny, a nothing figure. He told Darron at this point in time he did not think it was something he wanted to visit . He is looking out for not only the citizens on septic systems for just his pumping company, but for the whole industry of septic pumping in the East Valley. He wanted to clarify the myth there has been some type of arbitration or proposals for discounts. There has not been an open dialogue for that . Councilmember Evans asked if he was interested in that. Mr. Eddie Cooper stated it depends on what the ruling is as to whether or not they can put this facility in. The dialogue he had with the sewer district was they cannot offer me the price that he can process the liquid for. They certainly would be losing money so it would be foolish to even offer that. They are in the business of making a profit and they would not be able to match what that is. If he can put this facility in, it gives him stability in pricing as well as making sure there is a disposal site. Mayor Insalaco closed the public hearing and reopened the item to council discussion. There being no further discussion he closed the item and called for a ten-minute break. Mayor Insalaco reconvened the meeting. SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH FOR NOVEMBER 16, 2014 ) ) Mr. Tim Sicocan, executive director of the Boys and Girls Club of the East Valley - Apache Junction Branch, stated this event is to benefit the Boys and Girls Club. It is a concert on November 16 from 5 to 7 p.m. They will sell water and the proceeds for the event will go directly back to the programs and services they offer . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 26 OF 41 Councilmember Waldron asked why the Boys and Girls Club is having a fundraiser at a bar. Mr. Tim Sicocan stated they have several partners; some are board members . They had a 50/50 raffle at Fillies' last Sunday and two of the board members raised quite a substantial amount of money. Any time there is support, whether that is a coffee shop or anyone that wants to help in the use of their facility, if they are all consenting adults, it could be fun for programs and services for our youth. Councilmember Waldron asked what they anticipate to raise in two hours . Mr. Tim Sicocan stated with the water sales, a 50/50 and proceeds for all sales that night, he is projecting $2, 000 . Councilmember Waldron asked in two hours . Mr. Tim Sicocan stated yes. Vice Mayor Barker commented the letter states it is only 100 of their sales . One hundred percent of water sales but only 10% of the food and beverage. Mr. Tim Sicocan stated that may be amended. He commented Zia might be able to help him out on that. Vice Mayor Barker commented that is a pretty tall amount . Mr. Tim Sicocan stated that can be amended. It can still be 20% . He will not know what the full sales are . Vice Mayor Barker commented it is 10% . Zia Muhamed commented it could be done and the 50/50 sales are included. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 27 OF 41 Councilmember Evans asked if they are going to be selling bottles of water in the restaurant . Mr. Tim Sicocan stated outside in the venue. There will be a separate booth outside in the concert area. Councilmember Evans asked where the concert area is compared to the bull ring. She asked if this is on the back patio and has everything been completed. Mr. Tim Sicocan stated as far as being completed, he would have to ask what they might want to know is completed. Councilmember Evans commented that question was not really for him. It is for Rudy or city staff. She wanted to know if everything has been approved to have an event on the outside. She does not know where they stand on the development agreement . Mayor Insalaco commented they need to let the city clerk give her briefing. City Clerk Kathleen Connelly briefed the council on the item. City Attorney Joel Stern stated the city clerk is correct . The law did change and it is really for a raffle. It is supposed to be a 501C3 charitable organization. There are some exceptions but it does not include a business . One more item, something came up the other day involving some kind of false front or western town. There was an issue whether this was some kind of unpermitted structure . He is not sure if Rudy or Larry has the answer to that . He does not see the building official here so he does not know if it has been resolved. Development Services Director Larry Kirch stated they did hear of a concern. They went over there today with the building official and the building inspector. Building Official Dennis Dixon has ordered the stairs that were built onto an upper level of this store or REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 28 OF 41 fagade to be removed by tomorrow. His understanding is they spoke to the owner of the property and that was to happen tomorrow. They had a meeting today with economic development staff and some city clerk staff regarding some other issues that may need zoning approvals or conditional use permit approvals. How they relate to the use of this for a charitable event he does not know, but they are certainly working with the property owner to bring the property into compliance . There is some horse stable activity going on there where you can rent a horse and go out into the country. That may need a special use permit and certainly a business license for the operator. That is why they had the city clerk' s office involved today. There is an issue on an adjacent piece of property where the western fagade storefront apparatus just appeared. He does not know how that relates to this event. He does not have all the answers yet but they did order the stairs that go to the second floor down. Vice Mayor Barker commented Dennis Dixon noted on October 7 that attendees are not to enter or exit through the Hitching Post. She asked if that is still part of this . Development Services Director Larry Kirch stated he would have to check with Dennis . He apologized for not seeing that email . Vice Mayor Barker commented it would be pretty important to these folks to know the answer to that and if it is still a concern. She asked if the applicant is in possession of the recommendations from the police department. Zia Muhamed stated they are . Vice Mayor Barker asked if they are following them. Zia Muhamed stated they are. Vice Mayor Barker commented they have no more than 300 tickets to be sold. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 29 OF 41 Zia Muhamed stated they do. They will also have officers; he has talked to them already. He added the stairs came down today. Councilmember Waldron commented he said they would have police officers there. Zia Muhamed stated they would have two police officers. Vice Mayor Barker commented that was a suggestion the police department made. Councilmember Rizzi asked the city attorney to clarify the issue in this instance with this nonprofit having a 50/50 raffle at this establishment and why. City Attorney Joel Stern stated he does not have a copy of the law here but it basically states to do a raffle there has to be a 501C3 charitable organization that does it. Vice Mayor Barker commented the letter specifically states the Hitching Post will do it. That is what the question was . City Attorney Joel Stern stated it has to be bifurcated. Vice Mayor Barker commented it has to be the Boys and Girls Club doing it . City Attorney Joel Stern stated who runs it, who operates it; that is all laid out in the statute. City Clerk Kathleen Connelly stated she would like to expand on Joel' s explanation. Her recollection in that statute is not only does it have to be a 501C organization, but they have to have been in existence in the State of Arizona for a specific amount of time. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 30 OF 41 City Attorney Joel Stern stated it is five years . Otherwise it is considered illegal gambling. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Vice Mayor Barker commented it would be extremely beneficial for the Boys and Girls Club to clarify what their profit margin is since he was under the impression he was getting a lot more off of sales than the letter in our packet states. And the 50/50 needs to be reworded so they are the folks that are doing it, not the Hitching Post. Assistant to the City Manager Matt Busby stated he got a message from Constance Halonen earlier, who leads up the event process for community members who wish to put on events. She stated the event was approved at staff level, with the condition that if the liquor license was not approved the event could still happen but liquor could not be served in the event area. City Clerk Kathleen Connelly stated that is the law. Assistant to the City Manager Matt Busby stated she just wanted to make sure it was brought up. She would have brought it up if she had been here but she had car troubles and could not make it . Councilmember Wilson asked if the liquor being served will be in the restaurant area and not in the area where the activity will take place. City Clerk Kathleen Connelly stated she would call their attention to the diagram that was provided. They might want to ask the applicant that. Mayor Insalaco requested the applicant address the question. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 31 OF 41 Zia Muhamed stated if the application is approved it will be served in the area where the concert will be. Mayor Insalaco commented it will be in the event area. Zia Muhamed stated that is correct . Councilmember Wilson commented that is an extension of area. City Clerk Kathleen Connelly stated if this is a special event for that specific area for that one day it becomes a temporary extension of premises . It is called something different by the state. Councilmember Evans asked if it is going to be on the patio in the back. Vice Mayor Barker asked if it is going to be where the bull riding is. Councilmember Evans commented she is confused by the diagram. Vice Mayor Barker agreed. There was general discussion on the diagram. Vice Mayor Barker commented it is where the building with the fagade is . Councilmember Wilson commented that is correct. Councilmember Evans commented that is a separate parcel from where the development agreement was. It is not a part of the original development agreement. City Clerk Kathleen Connelly stated that is correct. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 32 OF 41 Councilmember Evans commented it is a fenced, open area. Zia Muhamed stated it is fenced. Councilmember Evans commented with no seating. Zia Muhamed stated no seating. Councilmember Evans stated they will be standing around milling. She asked where the stage is located. Zia Muhamed pointed on the diagram to the area the stage should be close to. Councilmember Evans commented according to this diagram, the stage is alongside Cortez where the houses are. Zia Muhamed stated no, it is on the other side . It is right behind Superstition. Councilmember Evans asked if where the letter N is goes all the way to Cortez . Zia Muhamed stated that is correct. Councilmember Evans commented it does . The houses are on the other side of Cortez . Zia Muhamed stated that is correct . Councilmember Evans commented the city does not have any agreement or any information on this new cleared area . She asked if this is okay as she has never had this before . She asked if the city has ever had an event happen like this on a parcel that is new to the city. It is not REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 33 OF 41 a part of the development agreement . It is a new parcel . She assumes it still has a different parcel number than the Hitching Post . City Attorney Joel Stern stated it is Zia they have been talking to, not Mo. He asked for his full name . Zia Muhamed stated Muhamed Zia. City Attorney Joel Stern asked if they have bought this extra piece. Zia Muhamed stated they have. City Attorney Joel Stern asked if it is directly east of the Hitching Post property. Zia Muhamed stated it is . City Attorney Joel Stern asked how many acres it is . Zia Muhamed stated it is a total of 9 acres . City Attorney Joel Stern asked if all of the event will be off to the left on the drawing. Zia Muhamed stated that is correct . City Attorney Joel Stern asked if that is where all of is will be. Zia Muhamed stated that is correct. City Attorney Joel Stern stated Cortez Road is where the dots are. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 34 OF 41 Zia Muhamed stated that is correct . City Attorney Joel Stern stated the requirement is they have a site plan, they show you where things will happen, and that is all they have to do. If it is zoned, that is a Larry question but he believes it is. City Clerk Kathleen Connelly stated Rudy answered that in one of his emails. Vice Mayor Barker agreed. Councilmember Evans commented they have a limit of 300 people. She asked if they will have Port-a-Johns and things . Zia Muhamed stated they will . Vice Mayor Barker asked if the attendees cannot enter or exit through the Hitching Post . It is in an email from Dennis Dixon on October 7 . Senior Planner Rudy Esquivias stated he thinks the issue here is there was a question about selling 300 tickets . That means everybody who will be in the restaurant and everybody who will be attending the concert will be 300 total or will there be 300 people in the event area and there might be other folks in the restaurant and if there would be any pass through, potentially creating the situation where they would have more than 300 persons in the event area. He thinks that is what Dennis was getting at . What he heard back was for that day, for that event, it will be ticket holders only. Vice Mayor Barker commented she sees where he is coming from. It confused her mightily. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 35 OF 41 AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, FOR NOVEMBER 16, 2014 , SUBMITTED BY TIM SICOCAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION . VOTE: Unanimous . The motion carried. PROPOSED ANNEXATION CASE AN-2- 14, A REQUEST BY MESA DEVELOPMENT CORPORATION AND JBW INVESTMENTS LTC, LOCATED AT THE SOUTHEAST CORNER OF TOMAHAWK AND US 60 ) Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco commented everything currently there will be basically gone. Senior Planner Rudy Esquivias stated he is rezoning and plans to tear down all the old structures that are there and create a commercial opportunity area. Mr. Wharton has been speaking to a hotel and Janine is in communication with him about some other possible businesses that might be interested in the property. Mayor Insalaco asked how many acres there are . Vice Mayor Barker asked how many people are living there. Senior Planner Rudy Esquivias stated there is about a dozen apartments there. Vice Mayor Barker asked if they are occupied. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 36 OF 41 Senior Planner Rudy Esquivias stated the apartments are occupied but the houses are not . Vice Mayor Barker commented he is planning on kicking them out and razing the property. Senior Planner Rudy Esquivias stated as leases run out and development is proposed, those folks would be eased out. Councilmember Evans commented they could lease month to month. Mayor Insalaco requested the applicant address the council . The applicant did not respond. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Evans commented this is one place she does not mind annexing. Mayor Insalaco closed the discussion. This was a public hearing only with no action and he moved on to the next item. OLD BUSINESS APPOINTMENT OF POLICE REPRESENTATIVE TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT CARL HALPERIN BE APPOINTED TO THE PUBLIC SAFETY PERSONNEL RETIREMENT BOARD IN A POLICE REPRESENTATIVE POSITION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 37 OF 41 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. NEW BUSINESS None. DIRECTION TO STAFF PROPOSED SOLID WASTE MANAGEMENT FACILITY ADJACENT TO THE CITY IN UNINCORPORATED PINAL COUNTY ) Assistant City Manager Bryant Powell briefed the council on the item. Senior Planner Rudy Esquivias gave an additional briefing on the item. Mayor Insalaco commented he thinks it should be a resolution that goes to the county. Councilmember Waldron asked what the date of the letter is that went to the county. Senior Planner Rudy Esquivias stated it is July 7, along with supporting material from Mr. Anglin and Mr . Blanco. If so directed, they can perhaps come up with some reasons for whatever recommendation they want to make, whether for approval or denial . Vice Mayor Barker commented she thinks that Mr. House brought up a very good point; that we do need to have a conversation about those folks that are still on septage and how we can help take care of those folks . Councilmember Evans asked if she was referring to the need for assistance in pumping. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 38 OF 41 Vice Mayor Barker commented she is referring to the fact that from what she has heard it would appear the city council is looking to send a resolution that may be in a negative context as far as this particular proposal is concerned. We do still have people within the city limits that are on septage who are a little bit concerned. She thinks it �s worth a conversation. Councilmembers Evans and Rizzi agreed. Councilmember Waldron commented he did not quite follow that . There was no mention that service would be discontinued. Vice Mayor Barker commented that is true, but there was no mention that Superstition Mountains Facilities District would discontinue theirs either but it appears Mr. Cooper decided that probably was the case. She is just 'Looking at the possibility. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROPOSED SOLID WASTE MANAGEMENT FACILITY ADJACENT TO THE CITY IN UNINCORPORATED PINAL COUNTY: THAT STAFF RESEARCH AND FIND OUT THE AUTHORITY OF THE CITY UNDER THE DMA; THAT STAFF CALL CENTRAL ARIZONA GOVERNMENTS AND GET A DETERMINATION ON THE 208 OR AT LEAST LET US GET IT ON THE AGENDA FOR THE NEXT CENTRAL ARIZONA GOVERNMENTS MEETING; AND THAT STAFF DRAFT A RESOLUTION IN OPPOSITION TO THE JRC PROPOSAL OUTLINING THE POINTS IN OUR LETTER TO THE PINAL COUNTY PLANNING AND ZONING DATED JULY 7 , 2014, WITH THE SUPPORTING DOCUMENTS . Vice Mayor Barker SECONDED THE MOTION. City Clerk Kathleen Connelly asked if they want the resolution back on the next agenda . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 39 OF 41 Mayor Insalaco commented that is correct . VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, NOVEMBER 17, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, NOVEMBER 18, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 9: 33 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 21, 2014 . 3. Consideration of approval of Resolution No. 14-40, authorizing the mayor to execute the 2014 Phoenix-Mesa Gateway Airport Authority Amended and Restated Joint Powers Airport Authority Agreement and the 2014 Loan Cancellation REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4 , 2014 PAGE 40 OF 41 Agreement, and authorizing pity staff to implement all necessary actions to fulfill the agreement obligations. ACCEPTED THIS 18TH DAY OF NOVEMBER, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF NOVEMBER, 2014 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 4th day of November, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of November, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 2014 PAGE 41 OF 41 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 3. Piz File ID: 14-545 Sponsor: James Hazel Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Consideration and action on Juvenile Court Hearing Officer appointment. Consideration and action. The Pinal County Superior Court Presiding Judge requests the Apache Junction Magistrate Judge to obtain city council acceptance of appointment of the Magistrate Judge as the Juvenile Hearing Officer. City of Apache Junction,Arizona Page 1 Printed on 611512026 APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD., APACHE JUNCTION, AZ 85119 480-982-8250 DATE : November 6, 2014 TO : Mayor and City Council FROM: James W. Hazel Jr. RE : Juvenile Court Hearing Officer Appointment Pursuant to A.R. S . § 8-323 (A), the superior court may authorize the magistrate court judge of a city or town to preside over juvenile matters, to include civil traffic violations, alcohol underage purchase/consumption, tobacco purchase/possession, truancy, graffiti damage or possession of graffiti making materials, city code violations, non-felony Title 28 violations (but not DUIs), interference with judicial proceedings, and failure to appear offenses. Pursuant to the section noted above, the governing body of the municipality shall approve the appointment of the municipal court judge for this duty. In the past, by superior court administrative order, the presiding judge would appoint the municipal court judge as a juvenile hearing officer for a term of months or years. The Pinal County Superior Court Presiding Judge has requested our court to obtain a rolling and permanent authorization from the mayor and city council to accept the responsibilities as delineated above. Keeping local control over these offenses is in the best interest of the residents of city, as the city prosecutor rather than a deputy county attorney will handle the cases with the city judge rather than a county judge adjudicating the cases. We therefore recommend the mayor and city council provide such authorization by motion. If I can be of fixrther assistance please contact me. City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+'Piz File ID: 14-510 Sponsor: Thomas Kelly Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Presentation of 25 Year Service Award to Tim Shetler of the Apache Junction Police Department. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. Piz File ID: 14-562 Sponsor: Kathy Connelly Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Presentation of a Certificate of Emeritus to Mayor John S. Insalaco. Mr. Alfredo Dreyfus Vice President of Board Development of the Boys and Girls Club East Valley will present a certificate appointing Mayor Insalaco an emeritus board member. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ce * , ri Be it known that C)Qn CjKmia" is an in good standing of the BOYS & GIRLS CLUBS OF THE EAST VALLEY I for building better citizens throughout the valley with all the rights, honors, and responsibilities of such membership. in testimony whereof we have hereunto set our hands. MIKE NEILL,CHAIRMAN OF THE BOARD RAMON ELIAS,PRESIDENT/CEO Invitation to Serve in an Honorary Position with the BGCEV Date: October 29th, 2014 Dear Mayor John Insalaco, You have been recognized by the Boys & Girls Clubs of the East Valley("BGCEV") as an outstanding member of our community. We write you today in hopes that you will accept an appointment as an Emeritus Board Member for the BGCEV. Here at the BGCEV, we are committed to providing the very best programs& services to our young people most in need in our community, and we are especially proud of our recent accomplishments: List of accomplishments: • BGCEV—Our original club is Ladmo Branch in Tempe opened in 1963. 2013 is our 50th Anniversary of providing programs & services to youth. • BGCEV North Tempe Branch received an Honor Award of Program Excellence from BGCA for Outdoor Environmental Education AZ Great Outdoors Program in 2013. • The Globe Branch is our newest&merged with BGCEV July lst, 2013. • BGCEV served over 39,000 youth in 2012 at 11 branches in 9 communities. • BGCEV had an average daily school year attendance of 1483 in 2012; up 14% from 2011. • The 2010-2011 BGCA National Youth of the Year, Mona Dixon, was a club member from the Ladmo Branch-Tempe and she represented 4.5 million youth. • Donald Smith, also from the Ladmo Branch-Tempe, was 2002-2003 BGCA National Youth of the Year. We also honor our Emeritus members at our annual signature event,the Bids for Kids Auction, on November 91h, at the Sheraton Wild Horse Pass Resort & Spa. We hope that you and your family will be able to join us at the event. If you accept, we would like an opportunity to stop by your office and present you with a certificate in person. With your permission, our photographer would come along, to snap a few shots for a press release. We thank you for your consideration and your continual efforts to improving the lives of our residents and, most importantly, our children in the East Valley. Most sincerely, Alfredo Dreyfus Vice-President, Board Development BUYS & GMLS u OF THE EAST VALLEY Emeritus Board Member Membership: The Emeritus Board (also known as the 'Honorary Board') is comprised of Past Board Members, including Past Chairs and Vice-Chairs, and Community Leaders. On the recommendation from Board Development, Community representatives may be appointed as honorary members by the Board of Directors of the BGCEV. They may be called upon to assist the BGCEV in a variety of ways. Purpose: Each honorary member is identified as an esteemed member of the community. The honorary member's affiliation enhances the organization's status and prestige in the community and contributes to board diversity. The honorary member demonstrates concern for our youth in the community and is committed to the mission and future of the BGCEV. Function: Although there are no mandatory requirements for the Emeritus Board, Community members appointed as honorary directors may from time to time be asked to assist the BGCEV individually by generating support for the Clubs by any of the following methods: 1. Attending special events where they add to the prestige of the event. 2. Assist within their area of expertise and/or experience in an advisory manner. 3. Assist with BGCEV fundraising events and activities. Responsibilities As honorary representatives of the BGCEV, Community members appointed as honorary directors are expected to conduct themselves as good ambassadors for the BGCEV and in an upstanding manner representative of our fine organization. Term: Lifetime Membership is granted to the Emeritus Board members. Community members appointed as honorary directors are advisors to the board as non-voting members of the board of directors and are not required to attend meetings of the board or to sit on working committees. There are no minimum contribution requirements. City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 14-427 Sponsor: Bryant Powell Agenda Date: 11/18/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. Piz File ID: 14-539 Sponsor: Heather Patel Agenda Date: 11/18/2014 Index: In Control: City Council Meeting The mayor and city council shall consider proposed Resolution No. 14-39, authorizing the submission of Fiscal Year 2015 Community Development Block Grant and Fiscal Year 2015 State Special Project grant applications. Consideration and action. Staff respectfully requests the city council: 1. Conduct a public hearing to receive input and discuss potential projects for the utilization of Community Development Block Grant Regional Account("CDBG")funds for Fiscal Year 2015 ("FY15")and State Special Project("SSP")funds for Fiscal Year 2015; 2. Select the project(s)to be submitted and designate which project will be submitted for CDBG for FY15 funding and which will be submitted for SSP for FY15 funding; and 3. Review, discuss, and approve Resolution No. 14-39 authorizing the submission of the city's FY15 CDBG and FY15 SSP applications. City of Apache Junction,Arizona Page 1 Printed on 611512026 ��QpCHf�G O 't' � O City of A pache Junction QRIZONP Development Services Department MEMORANDUM DATE: November 5, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Larry Kirch, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Consideration of proposed Resolution No. 14-39, authorizing the submission of Fiscal Year 2015 Community Development Block Grant and Fiscal Year 2015 State Special Project grant applications REQUEST Staff respectfully requests the city council: 1. Conduct a public hearing to receive input and discuss potential projects for the utilization of Community Development Block Grant Regional Account("CDBG") funds for Fiscal Year 2015 ("FYI 5") and State Special Project("SSP") funds for Fiscal Year 2015; 2. Select the project(s) to be submitted and designate which project will be submitted for CDBG for FYI funding and which will be submitted for SSP for FYI funding; and 3. Review, discuss, and approve Resolution No. 14-39 authorizing the submission of the city's FY15 CDBG and FY15 SSP applications. Both Programs are Federal grant programs administered by the Arizona Department of Housing ("ADOH"). The CDBG funding is allocated to the community as long as a viable project is submitted, whereas the SSP funding is a statewide competitive application process. BACKGROUND Since 1974, the United States Department of Housing and Urban Development has provided assistance to local communities through the CDBG and SSP Programs. These Programs were established to help communities address the following national objectives: 1) Meet the needs of low and moderate income citizens; 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community. A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since 1982. The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing ("ADOH") for both the CDBG and SSP funding. The City of Apache Junction is anticipating receiving approximately $120,000 in CDBG funds to be used over a two year period of time (January 2016—December 2017). These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH. The city may retain up to 18% of these funds for administrative costs. This application is due June 1, 2015. In years past, the city partnered with the Town of Payson to receive double funding every other year. The city chose to end that partnership in 2011. The City of Apache Junction is anticipating submitting an application for the SSP funds in which the City may request up to $300,000 to be used over a two year period of time. These funds are a statewide competitive grant. The city may retain up to 18% of these funds for administrative costs. The anticipated application due date is winter 2015. Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials. In fact, to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects. Ultimately, the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community. To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process. Failure to meet the public participation requirements will result in the disqualification of the city from the programs and an inability to receive funds. Based upon the city's current low to moderate income status, the city must focus their CDBG and SSP efforts on projects that meet one of the following criteria: 1) Is within a designated and approved redevelopment area, e.g. Crossroads Redevelopment Area and Apache Trail Redevelopment Area; 2) Assist persons within a limited clientele category, e.g. seniors, disabled, etc.; 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation; and 4) Assist neighborhoods that are proven to be low income. On September 24, 2014 a public meeting was held to solicit input from the public on potential projects for the submission of an application. Technical assistance was provided to the community until September 23, 2014 to help formulate projects for consideration and to determine if a potential project 2 meets the requirements of the CDBG program. Members of the community proposed the following projects: 1) Funding an organization that works with adults with developmental disabilities and providing salaries to those persons for community service projects. Staff provided the public with contact information for two local organizations who work with persons with developmental disabilities in an attempt to assemble a project for council consideration. No additional information has been received. Additional projects to be considered based upon previous citizen information and community needs: 1) Owner occupied housing rehabilitation/Emergency Repair 2) Commercial rehabilitation 3) Sidewalks—Grand Ocotillo Main neighborhood 4) Streets/drainage/sidewalks - Pueblo del Sol neighborhood Phase 3 5) Strong Sustainable Community Initiative projects - Smythe Homie neighborhood Project: Owner-occupied housing rehabilitation program Location: City-wide Cost: $50,000/residential structure Description: Full rehabilitation of an owner occupied home Eligibility: Low-moderate income eligibility criteria per household Funding: SSP Project: Emergency repair program Location: City-wide Cost: $15,000/residential structure Description: Emergency repair of 1-2 items in an owner occupied home Eligibility: Low-moderate income eligibility criteria per household Funding: SSP Project: Commercial rehabilitation Location: Redevelopment areas Cost: $30,000/structure Description: Rehabilitation of commercial properties for ADA, code and health and safety compliance Eligibility: Redevelopment area benefit Identified in the DRIS Funding: CDBG Project: Sidewalk improvements Location: Grand/Ocotillo/Main neighborhood south of Apache Trail Cost: $300,000+ Description: Installation of sidewalks, curb & gutter within the neighborhood Eligibility: Redevelopment area benefit Funding: CDBG and SSP 3 Project: Street improvements Location: Pueblo del Sol neighborhood—southwest of Superstition Blvd and Delaware Cost: $300,000+ Description: Installation of sidewalks, curb & gutter, drainage improvements and paving of the roadway Eligibility: Low to moderate income neighborhood Funding: CDBG and SSP Project: Strong Sustainable Community Initiative Location: Smythe Homie neighborhood—boundaries North-Apache Trail, East-Delaware, South- Broadway, West-Meridian Cost: $300,000+ Description: Installation of sidewalks and street lighting Eligibility: Low to moderate income neighborhood Funding: CDBG and SSP On October 23, 2014 the Leadership Team met to discuss potential projects. The following projects were proposed: Project: Sidewalk improvements Location: Along Idaho Road between Four Peaks Elementary and the AJ Public Library Cost: Not determined Description: Installation of sidewalks on State Trust Land Eligibility: Ineligible, does not meet the low to moderate income national objective Project: Beautification of Idaho Road Location: Idaho Road between Broadway and Old West Highway Cost: Not determined Description: Undetermined, the city is currently working with the Arizona Department of Transportation on the safety median installation at the Old West Highway and Idaho Road intersection. Eligibility: Redevelopment Area benefit Funding: CDBG Project: Code Compliance Location: Neighborhood specific Cost: New staff salary for two years Description: Targeted code compliance in specific low to moderate income neighborhoods Eligibility: Not favorable with ADOH Project: Sewer line connections Location: Commercial properties within a redevelopment area 4 Cost: Not determined Description: Hook commercial businesses up to the sewer system Eligibility: Commercial businesses may apply under the city's active commercial rehabilitation program if they have received a violation from the city or state authorities. Project: Replacement of main sewer line Location: Meridian Road Cost: Not determined Description: Replace a SMCFD sewer line located on Meridian Road Eligibility: An agreement would need to be signed with SMCFD and we would need to prove the beneficiaries of this line would be low to moderate income. The following projects were recommended by the Leadership Team, funding was not specified: • Sidewalks in the Grand Ocotillo Main neighborhood • Sidewalks and lighting in the Smythe Homie neighborhood As part of the application requirements for submission of CDBG and SSP applications, a resolution is required that authorizes the city to submit applications to ADOH for funding. Resolution No. 14-39 further authorizes the Mayor to sign the applications, contracts, and grant documents, and take all actions necessary to implement and complete the activities submitted within the applications. DISCUSSION A public hearing is required by the Arizona Department of Housing to provide the public an opportunity to comment on the potential projects before the city council for consideration. Staff respectfully requests the council take into consideration those projects listed above which have been found eligible as potential projects for submittal. Council's project selection and approval of Resolution No. 14-39 will enable city staff to prepare and submit the application(s) in a complete and timely manner. RECOMMENDATION Staff respectfully recommends council: 1. Conduct a public hearing and review the proposed projects; 2. Select the project(s) to be submitted and designate which project will be submitted for FYI CDBG funding and FYI SSP funding; and 3. Approve Resolution No. 14-39. ACTION REQUIRED The following actions are required: 1) Convene a public hearing; 2) Select project(s)to be submitted as grant applications; and 3) Consideration of Resolution No. 14-39. ATTACHMENTS Attachment One: Resolution No. 14-39 s RESOLUTION NO. 14-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2015 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") , FY 2015 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on September 24, 2014 and November 18, 2014, the City of Apache Junction held public hearings on CDBG and SSP proposed projects . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2015 CDBG, and Fiscal Year 2015 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 14-39 PAGE 1 OF 2 FY 2015 CDBG - for the funding maximum; and FY 2015 SSP - for $300, 000 SECTION 2 : The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION 3 : The applications for State CDBG and SSP funds further the needs under State guidelines for low and moderate income persons . SECTION 4 : The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-39 PAGE 2 OF 2 RESOLUTION NO. 14-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2015 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") , FY 2015 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities ; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons; and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on September 24, 2014 and November 18, 2014, the City of Apache Junction held public hearings on CDBG and SSP proposed projects. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows : SECTION 1 : Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2015 CDBG, and Fiscal Year 2015 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO. 14-39 PAGE 1 OF 2 FY 2015 CDBG - Neighborhood infrastructure Improvements for the funding maximum; and FY 2015 SSP - Neighborhood infrastructure improvements for $300, 000 SECTION 2 : The Mayor or his designee is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . SECTION 3 : The applications for State CDBG and SSP funds further the needs under State guidelines for low and moderate income persons. SECTION 4 : The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications . PASSED AND ADOPTED BY THE MAYOR AND, CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF SIGNED AND ATTESTED TO THIS /A".� f r DAY OF €j;,2014 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: + RICHARD J. STERN City Attorney RESOLUTION NO. 14-39 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. '+PizoN* File ID: 14-542 Sponsor: Rudy Esquivias Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Presentation, consideration and action on proposed Resolution No. 14-41, case SD-1-14, a request by Hudd Hassell on behalf of Ironwood Heights LLC and Bela Flor Communities Inc., for approval of a preliminary plat for the proposed Bella Corona Subdivision (former site of the proposed "Foothills" subdivision), located at the southwest corner area of S. Ironwood Drive and W. Renaissance Avenue,just west of Baywood Assisted Living Facility. Presentation, consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 pp ACHg Z City of Apache Junction gRIZoNP Development Services Department Date : November 4, 2014 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Larry Kirch, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: November 18, 2014, City Council Public Hearing Item: SD-1-14 Bella Corona Pre-Plat (Res . #14-41) Background Hudd Hassell, representing Bela Flor Communities Inc. and Ironwood Heights LLC, has applied for preliminary plat approval for a proposed 78-lot, planned development, single-family homes subdivision to be called "Bella Corona" . The RM-2/PD (Multi- family Residences by Planned Development) -zoned, 10 . 61-acre development site, previously belonged to Cornerstone Homes; and had two previous approved pre-plat concepts for a subdivision to be called "The Foothills" . Mr. Hassell proposes to use a similar layout as the two previous plats for the proposed Bella Corona subdivision. The main change is that he is reducing the number of proposed lots from 104 (under the previous plat) to 78 under the new plat concept, plus amenity areas . The undeveloped property is located on the west side of S . Ironwood Drive, just west of the Baywood Assisted Living Facility, on the south side of W. Renaissance/20th Avenues . Planning and Zoning Commission Recommendation On September 23rd, 2014, the Planning and Zoning Commission held a public hearing regarding the request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the proposed preliminary plat with all recommended conditions, by a vote of 7 to 0 . No neighbors spoke at the public hearing. City Council Work Session At their work session on October 20, the Councilmembers were generally receptive to the new plat concept for Bella Corona and agreed that the proposed plat was an improvement over the previous plat proposals for The Foothills . The only items Council expressed possible concern for were : perhaps limiting Lot #1 at the northwest corner of the subdivision to a single- story model; and they wanted to make sure we were requesting 4- sided architecture on all the models . Mr. Hassell was informed of Council' s comments . Proposed Resolution No. 14-41 incorporates the Commission' s recommendation for approval with conditions, for the Council' s consideration and decision. Attachments: - Draft Resolution No. 14-41; - PZ Staff Report from September 23, 2014, with all attachments RESOLUTION NO. 14-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BELLA CORONA" SUBDIVISION, IN CASE SD-1-14 , BY IRONWOOD HEIGHTS LLC, REPRESENTED BY HUDD HASSELL. WHEREAS, the applicant in Case SD-1-14 proposes to subdivide Pinal County Assessor Parcel Numbers 102-11-003E and 102-11-003F, approximately 10 . 61 acres (collectively, the "property" ) , into 74 residential lots for single-family homes, pursuant to Arizona Revised Statutes ( "A.R. S . " ) Title 9, Chapter 4 , Article 6 . 2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-5-1, RM-2 Residential Use Regulations, Section 1-4-3 , Planned Development ( "PD" ) District, and Chapter 2, Subdivision Regulations; and WHEREAS, the property was previously rezoned and pre- platted for a subdivision to be called "The Foothills" , pursuant to Ordinance No. 1306 and Resolution No. 07-35, respectively; which was later amended by Ordinance No. 1363 and Resolution No. 10-14 , respectively; but the previous preliminary plat expired and the final plat was never processed; and WHEREAS, approval of this resolution effectively approves a new preliminary plat for a new subdivision to be called "Bella Corona" , but basically maintains a similar lot layout, street configuration, open space and amenities concept as the previous plats ; and WHEREAS, on September 23 , 2014 , the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD-1-14 and recommended approval of Case SD-1-14 by a vote of 7-0 , with conditions; and WHEREAS, the Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2 , Subdivision Regulations, and Ordinance No. 1363 , which approved the most recent Planned Development concept plan for the property; and RESOLUTION NO. 14-41 PAGE 1 OF 3 WHEREAS, the property proposed to be developed as the Bella Corona Subdivision is legally described as follows : (See attached legal description Exhibit "A" ) NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that : The preliminary subdivision plat for "Bella Corona" Subdivision, Case SD-1-14 , is approved subject to the following conditions : 1) All conditions of approval for the RM-2/PD-zoned property, as approved pursuant to planned development rezoning and/or amendment cases PZ-9-07 (Ordinance No. 1306) and PZ-1-10 (Ordinance No. 1363 ) shall remain in full force and effect, along with any conceptual planned development plans , except as modified by the proposed preliminary plat, lot layouts, amenities and model exhibits for Bella Corona. 2) Within one year of preliminary subdivision plat approval, the developers shall submit for formal review, the final subdivision plat and improvement plans for the proposed subdivision. 3) Street improvements along W. 20th Avenue and S . Palo Verde Drive, including but not limited to, the extension of pavement and the provision of sidewalks , curbs, gutters, streetlights, fire hydrants, landscaping, etc . , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines and/or as otherwise determined by the City Engineer. 4) The Conditions, Covenants and Restrictions for Bella Corona shall also include provisions to address the following: prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times (with exception of the one car garage model) ; establishing a uniform system for garbage pick-up and mail-delivery; how the use and benefits easements will be applied; and specifying that the homeowners association is responsible for the maintenance and upkeep of the internal private streets, the common areas and the perimeter walls (including the decorative walls facing loth Avenue) and landscape improvements both RESOLUTION NO. 14-41 PAGE 2 OF 3 internal and along the outside perimeter of the subdivision. 5) The developers shall continue to work with police and fire personnel to provide emergency vehicle access into the subdivision through the controlled access gates . 6) The developers shall continue to coordinate and work with utility companies which serve Apache Junction, to establish proper utility easements throughout the subdivision, including underground power lines and adequate easements for dry and wet utilities . 7) The final subdivision plat and improvement plans shall be in substantial compliance with the design concepts presented with the preliminary plat and other exhibits for Bella Corona. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . ' JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-41 PAGE 3 OF 3 EXHIBIT "A" Parcel No. 1 A parcel of land lying in and being a part of the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly described as follows: Commencing at the Southeast corner of said Section 30, a found City of Apache Junction brass cap in hand hole, from whence the East quarter corner of said Section 30 bears North 00 degrees 14 miutes 45 seconds West a distance of 2641.57 feet; Thence North 00 degrees 13 minutes 46 seconds West along the East line of said Section 30 a distance of 659.91 feet (M) and 660.35 feet (R); Thence South 89 degrees 45 minutes 45 seconds West a distance of 533.76 feet (M) and 533.80 feet (R); Thence North 00 degrees 13 minutes 11 seconds West a distance of 60.00 feet to the true point of beginning; Thence South 89 degrees 43 minutes 00 seconds West a distance of 413.63 feet, a set 1/2 Inch iron pin capped LS 17278; Thence North 11 degrees 08 minutes 22 seconds West a distance of 359.65 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 77 degrees 58 minutes 09 seconds West a distance of 311.95 feet, a corner that falls within a block wall; Thence North 00 degrees 13 minutes 41 seconds West a distance of 310.66 feet (M) and 310.62 feet (R), a corner that falls within a block wall; Thence North 89 degrees 42 minutes 54 seconds West a distance of 285.40 feet, a set 1/2 inch iron pin capped LS 17278, to a point on a non-tangent curve, concave Northeasterly, with a radius of 70.00 feet; Thence Southeasterly along said curve through a central angle of 45 degrees 03 minutes 35 seconds an arc length of 55.10 feet (M) and 54.61 feet (R) to a found hex bar LS 21765; Thence, non-tagent to said curve, South 00 degrees 14 minutes 48 seconds East a distance of 1.16 feet, a found hex bar LS 21765; Thence North 89 degrees 42 minutes 37 seconds East a distance of 338.03 feet (M) and 338.20 feet (R), a found 1/2 inch iron pin tagged LS 21765 to a point on a non-tagent curve, concave Northwesterly, with a radius of 425.00 feet; Thence Northeasterly along said curve through a central angle of 16 degrees 16 minutes 14 seconds an arc length of 120.71 feet(M) and 120.52 feet (R) to a found PK nail In wall tagged LS 21765; Thence, non-radial to said curve, South 00 degrees 13 minutes 11 seconds East a distance of 569.48 feet, a set 1/2 Inch iron pin capped LS 17278 to the true point of beginning. Except all uranium, thorium or any other material which Is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, as reserved in the Patent from the United States of America. Parcel No. 2 A parcel of land lying in and being a part of the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly described as follows: Commencing at the Southeast corner of said Section 30, a found City of Apache Junction brass cap in hand hole, from whence the East quarter corner of said Section 30 bears North 00 degrees 14 miutes 45 seconds West a distance of 2641.57 feet; Thence North 00 degrees 13 minutes 46 seconds West along the East line of said Section 30 a distance of 659.91 feet (M) and 660.35 feet (R); Thence South 89 degrees 45 minutes 45 seconds West a distance of 533.76 feet (M) and 533.60 feet (R); Thence North 00 degrees 13 minutes 11 seconds West a distance of 60.00 feet; Thence South 89 degrees 43 minutes 00 seconds West a distance of 413.63 feet to the true point of beginning; Thence continue South 89 degrees 43 minutes 00 seconds West a distance of 312.37 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 00 degrees 14 minutes 11 seconds East a distance of 60.00 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 89 degrees 42 minutes 55 seconds West a distance of 61.02 feet, a corner that falls within a block wall; Thence North 00 degrees 14 minutes 11 seconds West a distance of 349.70 feet, a corner that falls within a block wall; Thence North 77 degrees 58 minutes 09 seconds East a distance of 311.95 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 11 degrees 08 minutes 22 seconds East a distance of 359.65 feet, a set 1/2 inch iron pin capped LS 17278 to the true point of beginning. Except all uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, as reserved in the Patent from the United States of America. _ City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: September 23, 2014 CASE NUMBER: SD-1-14 APPLICANT/OWNER: Ironwood Heights LLC REPRESENTATIVE: Hudd Hassell with Bela Flor Communities Inc. , 1635 N. Greenfield Road #115, Mesa, AZ 85205 REQUEST: Proposed preliminary plat for Bella Corona Subdivision. The 10. 61 acres property is presently zoned RM-2/PD (Multi-family Residences by Planned Development) , and was formerly rezoned and pre-platted for "The Foothills" subdivision. LOCATION: The property is located west of S. Ironwood Drive, on the south side of W. 20th Avenue, behind (west of) the Horizon Bay Assisted Living Facility. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential (maximum of 6 dwelling units per acre) ; the property is currently zoned (and is proposed to remain zoned) RM-2/PD; and it was previously platted for a 104-lot, two-story homes subdivision. SURROUNDING USES: North: Renaissance Point Subdivision (Zoned RS-7/PD, Single family homes By Planned Development) South: Banner Goldfield Hospital, Apache Junction Health Center, vacant property (zoned B-1, General commercial) SD-1-14 (Bella Corona/Hassell) PAGE 2 OF 7 East : Horizon Bay Assisted Living Facility (zoned RM-2/PD) West : Renaissance Point and Arizona Grande Subdivs. (zoned RS-7/PD) BACKGROUND The subject property was originally part of the 20-acre Careage Healthcare Continuum of Care Campus plan, approved by a conditional use permit on single-family residential-zoned property back in the late 1980' s . In the mid 19901s, the subject property and what is now the Horizon Bay (formerly Merrill Gardens) Assisted Living Facility were rezoned to CR- 5/PD (Multi-family residences by Planned Development) , with a phased development plan for an assisted living residential campus with different levels of care. The plan was amended twice, with Ordinance #996 ultimately controlling the development of Horizon Bay and laying out a concept plan for the eventual development of the .rest of the property. The Horizon Bay building and some of the casitas are the only buildings which were constructed under that plan on +/-8 . 5 gross acres . In 2007, the +/-11 . 5-acres to the west of Horizon Bay was sold to Cornerstone Homes, who amended the old CR-5/PD plan for a 118-lots, single-family homes subdivision to be called "The Foothills". They also processed a preliminary plat along with the PD amendment (see Ordinance #1306 and the original development plan for The Foothills attached) . A couple of years later in 2010, Cornerstone Homes processed another PD amendment, reducing the number of lots in the proposed subdivision from 118 to 104 . They also sold an acre of their property to the nursing home to the south. A new pre-plat was again processed at the same time (see Ordinance #1363 and the most recently approved pre-plat for The Foothills attached) . CURRENT PROPOSAL Cornerstone Homes no longer owns the property. The previous pre-plats have expired, but the basic planned development concept plan still guides the development of the property. The new owners, represented by Mr. Hassell, propose a subdivision to be called "Bella Corona" . The overall layout for Bella Corona is very similar to the most recent pre-plat for The Foothills, except that the developers have reduced the number of lots from SD-1-14 (Bella Corona/Hassell) PAGE 3 OF 7 104 to 78, the lots are bigger, the setbacks are more spacious, and the new pre-plat provides for more and better usable open space. Planning Staff has been working with Mr. Hassell and Mr. Dzudza (architect) for months on this revised plat concept. Because Staff felt that: overall a better PD plan was being proposed; the new plan is still in substantial compliance with the approved PD concepts; and because a more "open feel" subdivision is being created; Planning Staff did not require the applicants to process another PD amendment. Please see the comparison table below, which lays out the development standards for the previous Foothills plats and the new Bella Corona plat . Dev Detail Foothills 1 Foothills 2 Bella Corona No. of lots 118 104 78 Min lot size +/-2200 sqft +/-2200 sqft +/-3320 sqft Min width 40' 40' 39' Front SB 10' /18' gar. 101 /18, gar. 10' varied Side SB 31 /8' total 31 /8' total 5/10' total Rear SB 5' 5' 10, Height 26' pk of roof 26' pk of roof 26' pk of roof Lot coverage 75% 75% 45% Density 10. 16 du/ac 9. 8 du/ac 7 . 35 du/ac Priv. Streets yes yes yes Gated no no yes Access points 2 2 2 Parking avg. 2 . 38 per lot 2 . 33 per lot 2. 77 per lot -Tandem ok yes/all models yes/all models yes/one model -On street sidewalk side sidewalk side sidewalk side Rec amenities* yes yes yes (*Recreational amenities, at a minimum, include: pool, ramada, barbeque, basketball court, soccer field, tot lot and interconnecting walking paths . ) The items highlighted in the comparison table above are items which Staff believes represent overall improvements to the previous plats approved. The other main difference between the Bella Corona plat and the previous plats is that Bella Corona incorporates the use of Z-lots, similar to the ones used in another recently approved subdivision, Villagio. Although, in Bella Corona there will be more separation distance between homes and the private streets are generally wider. The use and SD-1-14 {Bella Corona/Hassell} PAGE 4 OF 7 benefits easements will need to be clearly explained in the CC&Rs for the subdivision, which Staff will review with the submittal of the final plat and improvements plans. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The subject site and properties to the north, south, east and west are designated "MD" Medium Density Residential, maximum of 6 dwelling units per acre (du/ac) . Despite the current General Plan designation, the property has been zoned for high density uses since 1995. This proposal to reduce the density to 7 . 35 du/ac is actually bringing the development plan for the property closer into compliance with the current General Plan designa- tion. Since the underlying zoning is not changing, no General Plan amendment issue exists. Zoning/Site Context: The 10. 61 acres property is currently zoned RM-2/PD, under the city' s newly adopted zoning ordinance, as mentioned in the background information. The site is bordered on the north, west and east by residential uses, single-family and assisted living. Medical facilities are developed to the south of the property. The proposed plan for the property is arguably more in character with the adjacent single-family neighborhoods, although most of the models in Bella Corona will be 2-story (see model exhibits) . Planned Development Request: The planned development details are specified above. Staff believes that the plat proposed is in substantial compliance with the PD plans previously approved for the property insofar as overall layout; that the new plan incorporates improvements over the previous plans; and that this new plan provides for less impact and congestion to neighboring areas. A substantial open space buffer is still being preserved and expanded on the west side of the property, acknowledging the desires for continued privacy and mountain views previously expressed by those property owners . Street Improvements: The property' s main entrance point will be from W. 20th Avenue, which is a dedicated public street. A secondary roll gate and access point will be constructed on the west side of the SD-1-14 (Bella Corona/Hassell) PAGE S OF 7 property to S. Palo Verde Drive, which is also a dedicated public street. Most traffic is expected to use the 20t" Avenue access point, since that is the closest to the main thorough- fare, S. Ironwood Drive. The internal streets will be privately owned and the responsibility of the homeowners association. Public Input: Because the zoning on the property is not changing, is already entitled as a high-density opportunity, and because the proposed PD plan for the property represents a decrease in overall intensity to the previous plans, no neighborhood outreach or notices were required as part of this pre-plat approval process . P&Z COMMISSION WORK SESSION At their work session on September 9, most of the Commissioners were in the agreement that the new plat was an improvement over the previous plats . Commissioners commented that they also wanted to see a small shade structure and a barbeque amenity on the west side of the subdivision between the dog park and soccer field areas, and a fence around the dog park. They wanted clarification on perimeter fencing, especially with regard to the east side where the subdivision adjoins the Horizon Bay property; and whether or not the west controlled access gate was going to be a full time access gate. Lastly, one Commissioner commented that he did not like the design of the subdivision at all, expressing a preference for straight property lines and 54- foot-wide lots (no Z-lots) . Staff commented that they would also be asking for 3 elevation options each for the models and 26' maximum building heights. Most of the Commissioner and Staff comments, and comments from other reviewing agencies have been addressed in the new exhibits dated 9-17-14 . The develop still opts for the Z-lot concept. PLANNING DIVISION RECOMMENDATION Planning Staff believes that the new proposed preliminary plat for Bella Corona represents an improvement to the previous plats proposed for the property, and presents said development for the Commission' s consideration. If the Commission is desirous of forwarding a favorable recommendation on the pre-plat to the City Council, then Staff recommends the following motion and conditions of approval: . SD-1-14 (Bella Corona/Hassell) PAGE 6 OF 7 RECOMMENDED MOTION FOR PRELIMINARY PLAT I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of a pre- liminary plat, case SD-1-14, a request by Ironwood Heights LLC, represented by Hudd Hassell, for a proposed subdivision to be named Bella Corona, located west of S. Ironwood Drive and the Horizon Bay development, on the south side of W. 20th Avenue, subject to the following conditions of approval: 1) All conditions of approval for the RM-2/PD-zoned property, as approved pursuant to planned development rezoning and/or amendment cases PZ-9-07 (Ordinance No. 1306) and PZ-1-10 (Ordinance No. 1363) shall remain in full force and effect, along with any conceptual planned development plans, except as modified by the proposed preliminary plat, lot layouts, amenities and model exhibits for Bella Corona. 2) Within one year of preliminary subdivision plat approval, the developers shall submit for formal review, the final subdivision plat and improvement plans for the proposed subdivision. 3) Street improvements along W. 20th Avenue and S. Palo Verde Drive, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc. , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines and/or as otherwise determined by the City Engineer. 4) The Conditions, Covenants and Restrictions for Bella Corona shall also include provisions to address the following: prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times (with exception of the one car garage model) ; establishing a uniform system for garbage pick-up and mail-delivery; how the use and benefits easements will be applied; and specifying that the homeowners association is responsible for the maintenance and upkeep of the internal private streets, the common areas and the perimeter walls (including the decorative walls facing 20th Avenue) and landscape improvements both SD-1-14 (Bella Corona/Hassell) PAGE 7 OF 7 internal and along the outside perimeter of the subdivision. 5) The developers shall continue to work with police and fire personnel to provide emergency vehicle access into the subdivision through the controlled access gates . 6) The developers shall continue to coordinate and work with utility companies which serve Apache Junction, to establish proper utility easements throughout the subdivision, including underground power lines and adequate easements for dry and wet utilities. 7) The final subdivision plat and improvement plans shall be in substantial compliance with the design concepts presented with the preliminary plat and other exhibits for Bella Corona. The preliminary subdivision plat for Bella Corona is tentatively scheduled for City Council work session on October 20, 2014, and for lic ?hhring on November 4, 2014. ✓ r� Prep le, R dy Esquivias Seni P anne /Zoning Administrator Attachments: Exhibit #1 - Aerial image of site and surrounding neighborhood Exhibit #2 - Ordinance #1306 and original PD plan for The Foothills Exhibit #3 - Ordinance #1363 and amended PD plan/pre-plat for The Foothills Exhibit #4 - Proposed preliminary plat for Bella Corona Exhibit #5 - Lot layouts, conceptual landscaping and models exhibit --�-.--•- �.� ..+r" .fit; �:.r'_..rr� ^r fj� '•�� � -- - T MIT r J J r~� 1 _ ',� ..��;, pp� �� ®rmi UL OR rj vat r ram. , '� lit ,r� •• � I �- a C`—_..(] �„er. r r _.�-..:. am \ �� �� j €IT4FIR : , ORDINANCE NO. 1306 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, CASE PZ-9-07, FOR A 11 . 62 ACRE, CR-5/PD (MULTI-FAMILY HOMES BY PLANNED DEVELOPMENT) ZONED PROPERTY, ORIGINALLY PART OF THE MERRILL GARDENS DEVELOPMENT, LOCATED NEAR THE SOUTHWEST CORNER OF W. 201H AVENUE AND S. IRONWOOD DRIVE, BY AMENDING ORDINANCE NO. 996; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on May 20, 1997, Ordinance No. 996 was passed and adopted by the Mayor and City Council, setting forth the development plan and zoning for Merrill Gardens Continuum of Care Facility; and WHEREAS, the Owner has decided that the current zoning for the undeveloped portion of the property is inconsistent with market conditions and the business plan; and WHEREAS, the market conditions and business plan support an amendment to the zoning to allow for a single family subdivision; and WHEREAS, such a change in zoning was requested in Case No . PZ-9-07 in which the Owner proposed a 118-lot, single family home subdivision known as "Foothills Subdivision" by Cornerstone Homes, which included landscape features, open spaces, a club house and related amenities, lot size and setback deviations, private streets and several model designs; and WHEREAS, on June 26, 2007, the Apache Junction Planning and Zoning Commission recommended denial of Case No. PZ-9-07 in a 3 to 3 vote; and WHEREAS, the Mayor and City Council finds that the proposed planned development major amendment : 1) conforms to all of the applicable criteria as specified in the City Code of Apache Junction, Volume II Land Development Code, Chapter 1 Zoning ORDINANCE NO. 1306 PAGE 1 OF 3 Ordinance, Article 19 Planned Development Zoning District, Section 19. 0109 General Criteria; 2) is in compliance with the City of Apache Junction General Plan; 3) integrates with the surrounding neighborhood; 4 ) adequately accommodates traffic; 5) will have adequate public facilities; and 6) will result in enhancement to the social, built, and natural environment in the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I : IN GENERAL That: 1) the submitted planned development major amendment be and hereby is approved; and 2) Ordinance No. 996 is hereby amended to reflect the approved planned development major amendment subject to the following conditions : 1) That the heights of all homes do not exceed twenty-six feet (26' ) measured to the peak of the roof. 2) That a four foot (4' ) sidewalk be added to one side of every street and the private streets are not less than twenty-eight feet (28' ) in width. SECTION II: REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III : PROVIDING FOR SEVERABILITY If any section, sub--section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 215T DAY OF AUGUST , 2007 . SIGNED AND ATTESTED TO THIS 23RD DAY OF AUGUST , 2007 . ORDINANCE NO. 1306 PAGE 2 OF 3 r JkVn Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: A,23-a-7 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1306 PAGE 3 OF 3 '-#,i'Waul�p tm sOUXIH � ■aera.w ory ■rwo•a.av� yNp r• y3Ovdr t i P P 1 'OU e-1 S��1 HlOO--J , N�fld 3d�lOSONVl-Wnid30NOD 7 d . � . . . . . . . . . . . . s Oil "91 G �3 obvrom *11%41 A Ogg 13 �y -� � � n n ♦ N � w [0 O Q. Sp • c r�l � � � I 1-• .� gl � � � � 1 .--- n , . r t H x 11 = a 111 N 1 I r- s c �. 1 I 1 • I �— - S. r r a w , r I 'lf7d Vtl 3au 913iYJ I 7TJd 19 70 , i Im IT.Od 3ONTVVVl3! '8 ORDINANCE NO. 1363 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PLANNED DEVELOPMENT MAJOR AMENDMENT, AMENDING THE DEVELOPMENT PLAN FOR THE PROPOSED FOOTHILLS SUBDIVISION BY DELETING 14 LOTS COMPRISED OF +/- ONE ACRE THEREFROM; AND APPROVING A REZONING OF SAID +/- ONE ACRE FROM CR- 5/PD(MULTI-FAMILY HOMES BY PLANNED DEVELOPMENT) TO CR- 3 (SINGLE FAMILY RESIDENCE) , IN CASE PZ-1-10, FOR A 10. 62 ACRE PROPERTY, LOCATED NEAR THE SOUTHWEST CORNER OF W. 20T" AVENUE AND S. IRONWOOD DRIVE, BY AMENDING ORDINANCE NO. 1306; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on August 21, 2007, Ordinance No. 1306 was passed and adopted by the Mayor and City Council, setting forth the development plan for Cornerstone Homes Foothills Subdivision; and WHEREAS, the change in market conditions and business plan support an amendment to the planned development to allow for a reduction of lots from the proposed single family subdivision and to allow the owner to sell one acre to the Apache Junction Health Center; and WHEREAS, such a change in zoning was requested in Case No. PZ-1-10 in which the Owner proposed a reduction of lots from 118 to 104, for the "Foothills Subdivision" and a Rezoning from CR- 5/PD (Multifamily Homes) to CR-3 (Single Family Home) for a one acre piece of land in the Foothills Subdivision to be sold to the Apache Junction Health center for the expansion of a parking lot; and WHEREAS, on May 25, 2010, the Apache Junction Planning and Zoning Commission recommended approval of Case No PZ-1-10 in a 7 to 0 vote; and WHEREAS, the Mayor and City Council finds that the proposed planned development major amendment and rezoning: 1) conforms to all of the applicable criteria as specified in the City Code of Apache Junction, Volume II Land Development Code, Chapter - 1 Zoning Ordinance, Article 19 Planned Development Zoning District, Section 19. 0109 General Criteria; 2) is in compliance ORDINANCE NO. 1363 PAGE 1 OF 3 with the City of Apache Junction General Plan; 3) integrates with the surrounding neighborhood; 4) adequately accommodates traffic; 5) will have adequate public facilities; and 6) will result in enhancement to the social, built, and natural environment in the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That: 1) the submitted planned development major amendment and rezoning be and hereby is approved; and 2) that Ordinance No. 1306 remains in full force and effect except as otherwise amended herein, subject to the following condition: I. The applicant shall be required to comply with the submitted and referenced revised narrative of the Foothills Planned Development and revised site plan. SECTION II : REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III: PROVIDING FOR SEVERABILITY If any section, sub-section, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF JUNE , 2010. SIGNED AND ATTESTED TO THIS 15TH DAY OF 3UNE 2010. Jice. J 96 n S. Insa aco ayor ORDINANCE N0, 1363 PAGE 2 OF 3 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: �-10.2o10 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1363 PAGE 3 OF 3 �u�'6ufl��u,lSu3 osno,� iY1Cd .l2 YWHI13ad B r; f - � u ! I � qS 3 � W 1 a fl i 3 El Y L I I - Z 0 1 / H Cd /S- k C C 3 N 0 Z G 3 C I A C e n s N n 3 77 y���.i O n n n d m o - n / • LMU ; cru— �- �•�hi 9 .rL Lr ' r n- I n 1---�-� ` a 1 Y r f f i .. n !' Z � 9 ep•. n � I � � _; �j 4 -�- ` I 5 �•'�• .I 9 I o i i q� m �.,i- I Yi gi - �Y - q���i ..I - e: ��:�I L I q I y I I N • q �1 N L �__y ' 'J~00 1 f 4 L e f rw.c t ._.n�-,� J � �ql c a 1 �1 � . S ! -4i.- rnj � �•f�f•1``+`i '>:- B. o qi o i ql n I � q .'� I � •�_. �.' b {1 • jy I �-` ' f r � ! - � - -•- .-. r Urrlms .I�S Cl3A Clod f J. 11006 Z 1-n 1HI0d 331YSSM"Is Ld/t�7 G3rr72 ' 3c is 171d tO. 39vd 3GLYdC-CZIL" ;�,s RESOLUTION NO. 14-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BELLA CORONA" SUBDIVISION, IN CASE SD-1-14 , BY IRONWOOD HEIGHTS LLC, REPRESENTED BY HUDD HASSELL. WHEREAS, the applicant in Case SD-1-14 proposes to subdivide Pinal County Assessor Parcel Numbers 102-11-003E and 102-11-003F, approximately 10 . 61 acres (collectively, the "property" ) , into 78 residential lots for single-family homes, pursuant to Arizona Revised Statutes ( "A.R. S . " ) Title 9, Chapter 4 , Article 6 . 2, and pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-5-1, RM-2 Residential Use Regulations, Section 1-4-3 , Planned Development ( "PD" ) District, and Chapter 2 , Subdivision Regulations; and WHEREAS, the property was previously rezoned and pre- platted for a subdivision to be called "The Foothills" , pursuant to Ordinance No. 1306 and Resolution No. 07-35, respectively; which was later amended by Ordinance No. 1363 and Resolution No. 10-14, respectively; but the previous preliminary plat expired and the final plat was never processed; and WHEREAS, approval of this resolution effectively approves a new preliminary plat for a new subdivision to be called "Bella Corona" , but basically maintains a similar lot layout, street configuration, open space and amenities concept as the previous plats; and WHEREAS, on September 23 , 2014 , the Planning and Zoning Commission held a public hearing regarding the preliminary plat for Case SD-1-14 and recommended approval of Case SD-1-14 by a vote of 7-0, with conditions; and WHEREAS, the Council finds this preliminary subdivision plat to be in compliance with the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance and Chapter 2 , Subdivision Regulations, and Ordinance No. 1363, which approved the most recent Planned Development concept plan for the property; and RESOLUTION NO. 14-41 PAGE 1 OF 3 WHEREAS, the property proposed to be developed as the Bella Corona Subdivision is legally described as follows : (See attached legal description Exhibit "A" ) NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, that : The preliminary subdivision plat for "Bella Corona" Subdivision, Case SD-1-14 , is approved subject to the following conditions : 1) All conditions of approval for the RM-2/PD-zoned property, as approved pursuant to planned development rezoning and/or amendment cases PZ-9-07 (Ordinance No. 1306) and PZ-1-10 (Ordinance No. 1363) shall remain in full force and effect, along with any conceptual planned development plans, except as modified by the proposed preliminary plat, lot layouts, amenities and model exhibits for Bella Corona. 2) Within one year of preliminary subdivision plat approval , the developers shall submit for formal review, the final subdivision plat and improvement plans for the proposed subdivision. 3) Street improvements along W. 20th Avenue and S . Palo Verde Drive, including but not limited to, the extension of pavement and the provision of sidewalks, curbs, gutters, streetlights, fire hydrants, landscaping, etc . , shall be designed and constructed according to the City of Apache Junction Engineering Guidelines and/or as otherwise determined by the City Engineer. 4) The Conditions, Covenants and Restrictions for Bella Corona shall also include provisions to address the following: prohibition on owners using garages for personal storage to the extent that two normal passenger vehicles cannot be accommodated in them at all times (with exception of the one car garage model) ; establishing a uniform system for garbage pick-up and mail-delivery; how the use and benefits easements will be applied; and specifying that the homeowners association is responsible for the maintenance and upkeep of the internal private streets, the common areas and the perimeter walls (including the decorative walls facing 20th Avenue) and landscape improvements both RESOLUTION NO. 14-41 PAGE 2 OF 3 internal and along the outside perimeter of the subdivision. 5) The developers shall continue to work with police and fire personnel to provide emergency vehicle access into the subdivision through the controlled access gates . 6) The developers shall continue to coordinate and work with utility companies which serve Apache Junction, to establish proper utility easements throughout the subdivision, including underground power lines and adequate easements for dry and wet utilities. 7) The final subdivision plat and improvement plans shall be in substantial compliance with the design concepts presented with the preliminary plat and other exhibits for Bella Corona. 8) All of the models shall have four-sided architecture . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF / 2014 . SIGNED AND ATTESTED TO THIS c DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: Ic� ` - RICHARD J. STERN City Attorney RESOLUTION NO. 14-41 PAGE 3 OF 3 EXHIBIT"A" Parcel No. 1 A parcel of land lying in and being a part of the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly described as follows: Commencing at the Southeast corner of said Section 30, a found City of Apache Junction brass cap in hand hole, from whence the East quarter corner of said Section 30 bears North 00 degrees 14 miutes 45 seconds West a distance of 2641.57 feet; Thence North 00 degrees 13 minutes 46 seconds West along the East line of said Section 30 a distance of 659.91 feet(M) and 660.35 feet (R); Thence South 89 degrees 45 minutes 45 seconds West a distance of 533.76 feet (M) and 533.80 feet(R); Thence North 00 degrees 13 minutes 11 seconds West a distance of 60.00 feet to the true point of beginning; Thence South 89 degrees 43 minutes 00 seconds West a distance of 413.63 feet, a set 1/2 inch iron pin capped LS 17278; Thence North 11 degrees 08 minutes 22 seconds West a distance of 359.65 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 77 degrees 58 minutes 09 seconds West a distance of 311.95 feet, a corner that falls within a block wall; Thence North 00 degrees 13 minutes 41 seconds West a distance of 310.66 feet (M) and 310.62 feet(R), a corner that falls within a block wall; Thence North 89 degrees 42 minutes 54 seconds West a distance of 285.40 feet, a set 1/2 inch iron pin capped LS 17278, to a point on a non-tangent curve, concave Northeasterly, with a radius of 70.00 feet; Thence Southeasterly along said curve through a central angle of 45 degrees 03 minutes 35 seconds an arc length of 55.10 feet (M) and 54.61 feet (R) to a found hex bar LS 21765; Thence, non-tagent to said curve, South 00 degrees 14 minutes 48 seconds East a distance of 1.16 feet, a found hex bar LS 21765; Thence North 89 degrees 42 minutes 37 seconds East a distance of 338.03 feet (M) and 338.20 feet (R), a found 1/2 inch iron pin tagged LS 21765 to a point on a non-tagent curve, concave Northwesterly, with a radius of 425.00 feet; Thence Northeasterly along said curve through a central angle of 16 degrees 16 minutes 14 seconds an arc length of 120.71 feet(M) and 120.52 feet (R) to a found PK nail in wall tagged LS 21765; Thence, non-radial to said curve, South 00 degrees 13 minutes 11 seconds East a distance of 589.48 feet, a set 1/2 inch iron pin capped LS 17278 to the true point of beginning. Except all uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, as reserved in the Patent from the United States of America. Parcel No. 2 A parcel of land lying in and being a part of the Southeast quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona more particularly described as follows: Commencing at the Southeast corner of said Section 30, a found City of Apache Junction brass cap in hand hole, from whence the East quarter corner of said Section 30 bears North 00 degrees 14 miutes 45 seconds West a distance of 2641.57 feet; Thence North 00 degrees 13 minutes 46 seconds West along the East line of said Section 30 a distance of 659.91 feet(M) and 660.35 feet (R); Thence South 89 degrees 45 minutes 45 seconds West a distance of 533.76 feet (M) and 533.80 feet (R); Thence North 00 degrees 13 minutes 11 seconds West a distance of 60.00 feet; Thence South 89 degrees 43 minutes 00 seconds West a distance of 413.63 feet to the true point of beginning; Thence continue South 89 degrees 43 minutes 00 seconds West a distance of 312.37 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 00 degrees 14 minutes 11 seconds East a distance of 60.00 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 89 degrees 42 minutes 55 seconds West a distance of 61.02 feet, a corner that falls within a block wall; Thence North 00 degrees 14 minutes 11 seconds West a distance of 349.70 feet, a corner that falls within a block wall; Thence North 77 degrees 58 minutes 09 seconds East a distance of 311.95 feet, a set 1/2 inch iron pin capped LS 17278; Thence South 11 degrees 08 minutes 22 seconds East a distance of 359.65 feet, a set 1/2 inch iron pin capped LS 17278 to the true point of beginning. Except all uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, as reserved in the Patent from the United States of America. City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. Piz File ID: 14-561 Sponsor: Bryant Powell Agenda Date: 11/18/2014 Index: In Control: City Council Meeting On November 4, 2014 the mayor and city council directed staff to draft a resolution requesting Pinal County Planning and Zoning Commission recommend denial of the Cooper Family Trust proposal for a wastewater sludge operation in the Houston Industrial unincorporated area of Pinal County to the Pinal County Board of Supervisors. Resolution No.14-42 sets forth the city's position expressed by the council. Discussion, consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION N0 , 14 - 42 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , REQUESTING THE PINAL COUNTY PLANNING AND ZONING COMMISSION RECOMMEND DENIAL TO THE PINAL COUNTY BOARD OF SUPERVISORS OF IUP - 002 - 14 RELATING TO JRC ' S PROPOSED SLUDGE TREATMENT FACILITY . WHEREAS , Eddie Cooper owns a septic tank cleaning business ( " Cooper ' s Sewer and Drain " ) in the City of Apache Junction ( " City " ) corporate limits ; and WHEREAS , Mr . Cooper has acquired or is in the process of acquiring approximately 5 . 58 acres in an unincorporated area of Pinal County commonly known as the " Houston Industrial Area " ( south of U . S . 60 , west of Ironwood Drive , north of the Guadalupe alignment and approximately one mile from the Superstition Mountains Community Facility District No . 1 ( " SMCFD " ) wastewater treatment plant located at 5661 S . Ironwood Drive , Apache Junction , Arizona ; and WHEREAS , Mr . Cooper filed an application with Pinal County for an Industrial Use Permit ( " IUP " ) for a sludge treatment facility to be operated by his company " JRC Solids " ( hereinafter " JRC " ) of which process will include removal of the liquid portion of solids collected in the cleaning of domestic septic systems from homes in the east valley ; and WHEREAS , on October 20 , 2014 , the City held an informational work session where the proposal was detailed by City staff ; and WHEREAS , at council ' s request after the work session , on November 4 , 2014 , an informational public hearing was conducted which allowed representatives from JRC , SMCFD , and Pinal County Planning staff to provide a short briefing on the project and allowed public comment ; and WHEREAS , after the public hearing on November 4 , 2014 , based on the presentations and remarks from very concerned residents who live west and downwind of the five acre site , Council in a unanimous vote of 7 : 0 , directed staff to draft a resolution for Pinal County to oppose the project ; and RESOLUTION NO . 14 - 42 PAGE 1 OF 5 WHEREAS , the Planning and Zoning Commission will be considering the IUP request on November 20th 2014 . NOW , THEREFORE , BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA AS FOLLOWS : SECTION I : OPPOSITION STATEMENT AND RECOMMENDED DENIAL The Council requests the Planning and Zoning Commission recommend denial of IUP - 002 - 14 to the Pinal County Board of Supervisors for the following reasons : 1 ) The proposed project is not in harmony with nor consistent with the Pinal County Comprehensive General Plan nor the City of Apache Junction ' s General Land Use Plan , as it is incompatible with nearby existing low , medium , and high density residential development and potential master planned communities development . 2 ) The Federal Clean Water Act 208 Water Quality management plans governs the appropriateness of this proposal . The City of Apache Junction is the Designated Management Agency under the plan with SMCFD as the septage , sludge , biosolids processing regional entity . The proposal directly conflicts with the 208 Plan and all amendments thereto , by creating a duplicate facility to SMCFD within the same wastewater management region . 3 ) SMCFD already exists within one mile of the project site which can aptly handle septic waste disposal at a very competitive price structure for septic waste haulers . 4 ) The applicants are proposing a facility with unproven technology which may have long lasting and devastating environmental effects to the surrounding properties and residential communities . 5 ) The site is located in an area where geological fissures exist and the proposed process may likely affect the ground water acquifer for the geographical area . RESOLUTION NO . 14 - 42 PAGE 2 OF 5 6 ) Based on the State of Arizona Department of Environmental Quality ' s ( "ADEQ " ) definition of " sewage " under the Arizona Administrative Code , the proposed processing facility is likely contrary to Section 2 . 1 . 1 of the April 2011 Central Arizona Government ( " CAG " ) 208 Areawide Water Quality Management Plan Amendment , 7 ) Because the JRC ' s proposed sewage treatment facility will utilize open air ponds to treat the wastewater , an Aquifer Protection Permit ( "APP " ) would first be required to be obtained from ADEQ and due to the strength of the septic wastewater , the remaining liquid septage would likely not meet ADEQ standards for reclaimed water irrigation . 8 ) No public water and sewer is currently available to the site for site development requirements . 9 ) The facility will encourage additional septic systems throughout the region . 10 ) The increase in septage truck traffic on Ironwood would be harmful to city streets . 11 ) The landfill will receive the solids which would likely cause environmental hazards and detrimentally affect landfill capacity . 12 ) The evaporation process will be slow since the pond is estimated to be four feet in depth and 100 , X 200 , long . 13 ) Fifty percent of the water is proposed for onsite irrigation , yet there is little to no planned landscaping flora in the site plan . 14 ) There is no dispositive and guaranteed odor containment such as an enclosed building and filter structure . 15 ) Sunland Springs Village with 2500 homes , is located approximately 300 feet from the proposed site and the RESOLUTION NO . 14 - 42 PAGE 3 OF 5 odor will likely be noticed on a daily and permanent basis . 16 ) Development south and east of the site will likely not be pursued due to the public nuisance presence as well as environmental risks . 17 ) SMCFD ' s treatment process provides greater ground water quality protection and sustainable reuse opportunities for the wastewater than the proposed facility . Cooper ' s plan allows the wastewater to either be evaporated into the air or be allowed to infiltrate into the groundwater without environmental protections . SECTION II : SUBMITTAL TO COUNTY Staff is directed to deliver this resolution to the Pinal County Planning & Zoning Department for presentation to the Pinal County Planning and Zoning Commission in time for the November 20th , 2014 , 9 a . m . Public Hearing in Florence , Arizona . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , THIS DAY OF 2014 , SIGNED AND ATTESTED TO THIS DAY OF 2014 , JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk RESOLUTION NO . 14 - 42 PAGE 4 OF 5 APPROVED AS TO FORM : t RICHARD J . STERN City Attorney RESOLUTION NO . 14 - 42 PAGE 5 OF 5 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 14-551 Sponsor: Kathy Connelly Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Direction to staff on Fiscal Year 14-15 human services funding recommendations. If so directed, the contracts will be placed on the December 2 consent agenda at which time council can approve them or opt to continue them to another date. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 NOVEMBER 3, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR NOVEMBER 17 WORK SESSION AND NOVEMBER 18 REGULAR MEETING (FY 2014-2015 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2014-2015 human services funding requests, to interview qualified applicants and to formulate their recommendations to the City Council. The commission opted to interview all of the agencies. The city received applications from a total of four agencies in the following amounts: 1. Apache Junction Reach Out, Inc.(Food Bank) $30,000 2. Boys & Girls Club (Apache Junction Branch) 25,000 3. Community Alliance Against Family Abuse 18,000 4. East Valley Adult Resources (congregate meals) 15,000 (home-delivered meals) 15,000 5. East Valley Adult Resources (van transportation) 40,000 Total $143,000 With the understanding that$100,000 had been allocated in the current fiscal year budget for human services funding, and based upon agency compliance with the requirements of City Code Article 2-14, their related human service agreements and their demonstrated ability to provide direct services to city residents, the commission members voted unanimously to make the following recommendations for FY 2014-2015: 1. Apache Junction Reach Out Food Bank-$32,000, with the stipulation that the funds be used to provide emergency food to city residents only and for utility costs to maintain the food and freezers at the food bank facility. Quarterly reports must meet city requirements. When filing their funding request in January 2014, the food bank asked for $30,000. During their presentation to the commission on October 29th, food bank representatives mentioned that they are no longer receiving free food through St. Mary's Food Bank. This has caused a decrease of 18,000 pounds of food per month. They can still purchase food through St. Mary's Food Bank. This has created an unexpected burden on their resources which was not known in January. The commission took this into consideration and recommended that the food bank be funded at $32,000 for FY 2014-15. 2. Boys & Girls Club (Apache Junction Branch) - $20,000, with the stipulation that the funds be used for Project Learn, an educational enhancement program and for after school and intersession programs. The funds must be spent on city residents only and quarterly reports must meet city requirements. 3. Community Alliance Against Family Abuse - $18,000, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, to include empowerment sessions, legal advocacy services and general advocacy services. The funds must be spent on city residents only and quarterly reports must meet city requirements. 4. East Valley Adult Resources -$15,000 for congregate meals for city residents at the senior center, transportation services to and from the center, and $15,000 for home- delivered meals to city residents. All funds must be used for city residents only. Quarterly reports must meet city requirements. Total of recommendations - $100,000. Provisions of standard human services contracts will remain in place to include the requirements that each agency designate a primary and secondary contact person and that their names/telephone numbers be provided to the city clerk; that all reports and other records submitted to the city be typed or prepared via word processor and be submitted in person or by first class mail; that handwritten records and reports are unacceptable; that the person assigned to completing and filing the quarterly reports be familiar with the terms and requirements of the agreement in order to avoid processing errors and delays; and that each agency be advised that the original purpose of the human services funding was to provide "start up" monies for human services agencies for programs and not to provide annual funding for an indefinite period of time. Continual requests make it difficult for new agencies to also obtain funding. Should any agency default in their contract, the unused funds may be distributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. These contracts also contain a provision regarding restrictions on political activities as is now included in all city agreements with nonprofit entities. Members of the Health and Human Services Commission will be present at the November 17 work session to answer your questions on these recommendations. Direction to staff will be requested at the November 18 meeting. If so directed, the contracts will be placed on the December 2 consent agenda items at which time you can approve them or opt to continue them to a later date. Attachments:City Code Article 2-14 Funding Comparison Table Sample contract Sample invitation letter of October 23, 2014 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. Piz File ID: 14-556 Sponsor: Kathy Connelly Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Direction to staff on request from East Valley Adult Resources to redirect remaining funds from Fiscal Year 2014-15 Ride Choice program to the senior van transportation program and to do the same for future budget years. This item was discussed at the November 17 work session. If council wishes to redirect funds then direction must be given to staff to do so. Discussion and direction. City of Apache Junction,Arizona Page 1 Printed on 611512026 NOVEMBER 5, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: WORK SESSION ITEM FOR NOVEMBER 17, 2014 AND REGULAR MEETING ITEM FOR NOVEMBER 18, 2014 — REQUEST FROM EAST VALLEY ADULT RESOURCES TO REDIRECT FUNDS Mr. Dan Taylor, Chief Executive Officer for East Valley Adult Resources, has submitted a request for the mayor and council to redirect funds from the FY 2014-15 Ride Choice program to the FY 2014-15 senior van transportation program for the balance of the fiscal year. He is also requesting this funding for future fiscal years as funds are available. The Ride Choice program has been in place since 2003. It provides transportation for elderly city residents 60 years old and older and disabled adult city residents who are 18 years old and older. Individuals are reimbursed for providing transportation to these groups at the rate of 440 per mile up to 200 miles per month per person. The council approved the FY 2014-15 Ride Choice agreement on August 19, 2014 in the amount of $26,432.00. The first quarter use reimbursement (July-August-September 2014) was $5,522.52 leaving a balance of$20,909.48 not including any services provided on or after October 1, 2014. In a related item, Mr. Taylor also submitted a request in January 2014 to the Health and Human Services Commission for funding for the van transportation program in the amount of $40,000. In meeting with the commission on October 29, 2014, he instead requested $20,000 to cover the program for the remainder of the fiscal year. The commission subsequently chose not to provide any funding for this program. The commission's full funding recommendations for FY 2014-15 appear elsewhere on this agenda. Attached is Mr. Taylor's request, the cover memo given to you when you approved the Ride Choice agreement on August 19, 2014 and the current agreement. Direction is needed in order for staff to prepare for any further action or to leave the funding as it now stands. Should you instruct staff to redirect the funds, we will bring back an agenda item at your December 2nd meeting which will modify the Ride Choice agreement and redirect funds to the balance of the FY 2014-15 van transportation program. Funding for future years will be part of your budget discussions at that time. Please let me know if you have any questions. Attachments: Letter from Dan Taylor Cover memo from city council dated July 8, 2014 FY14-15 Ride Choice agreement City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. Piz File ID: 14-438 Sponsor: Bryant Powell Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, December 1, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 13. Piz File ID: 14-439 Sponsor: Bryant Powell Agenda Date: 11/18/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, December 2, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026