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HomeMy WebLinkAbout2014-11-04 City Council Regular MinutesCITY 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 thd 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. it is far from the truth. it is. he does not think so. check it. where he should check it. Councilmember Serdy commented Vice Mayor Barker commented Councilmember Serdy commented Vice Mayor Barker commented Councilmember Serdy asked 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 9.0F. 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.Final 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. he had closed the public hearing. stated he had not. Councilmember Evans asked if City Clerk Kathleen Connelly 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. in two hours. Councilmember Waldron asked Mr. Tim Sicocan stated yes. Vice Mayor Barker commented the letter states it is only 10% 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 façade 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 façade 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. they are following them. Zia Muhamed stated they are. Vice Mayor Barker asked if 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 50103 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 5010 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 facade 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 it is a fenced, open area. fenced. with no seating. seating. Councilmember Evans commented Zia Muhamed stated it is Councilmember Evans commented Zia Muhamed stated no 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. ATTEST: VKATHLEEN 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