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HomeMy WebLinkAbout2016-12-06 City Council Regular MinutesCITY COUNCIL REGULAR MEETING December 6, 2016 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 6, 2016, 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.He welcomed Boy Scout and Cub Scout Troops 332, 353, 384, 752 and 757. INVOCATION Councilmember Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Scout Maroney from Troop 752 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 Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Liz Langenbach Development Services Director Larry Kirch REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 1 OF 40 Others Present:Senior Planner Rudy Esquivias Public Information Officer Al Bravo Economic Development Specialist Elan Velander ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION AND PIMMEX GENERAL CONTRACTING CORPORATION FOR PROJECT PWC2015-04 FOR THE INSTALLATION OF SOLAR STREET LIGHTS IN THE SMYTHE NEIGHBORHOOD IN AN AMOUNT NOT TO EXCEED $325,022.50; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT I MOVE THAT ITEMS NUMBER 9 AND 10 MOVE TO FOLLOW ITEM 6 ON THE AGENDA. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker thanked the parks and recreation department for a marvelous job on Saturday.There were wonderful festivities even though the snow machine did not work.They still got the snow out there.The light parade was wonderful. Councilmember Serdy commented there was about a half mile of events from one end to the other.He would like to see more entrants in the light parade next year.Other than that it was very good and everyone seemed to be enjoying it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 2 OF 40 Councilmember Rizzi commented a lot of people came early to get a good seat and the music was wonderful. Mayor Insalaco announced that he, Councilmembers Serdy and Rizzi attended the Welcome Back Bash for the winter visitors at Barleen's yesterday.He wished everyone would stop calling them winter visitors as they are here six months of the year and should be called winter residents. Mayor Insalaco commented he went to the state capital two weeks ago, invited by the Salt River and Gila River Indian Communities, regarding gaming.The governor took the contracts out of congress to take care of the gaming situation.The new compact calls for full Las Vegas gambling for all the tribes. All the tribes were there except for the Tohono O'Odham tribe. If they do not comply by January 2 they will be stuck with what they currently have. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the boy scouts and cub scouts attending, the success of the light parade, a vacancy on the sewer district, reflected on the role of local government on building safety, the fire district receiving a grant for smoke alarms, the city receiving $100,000 for the splash pad, the city being a pass through for many of the Indian Community grants and the water lease with the Gila River Indian Community. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, INDIVIDUAL, SERIES 12 RESTAURANT LIQUOR LICENSE FOR MONGOLIAN GRILL ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Andy Nguyen, 300 S. Phelps Drive, Apache Junction, addressed the council.He stated the reason they applied for the liquor license is because many customers are asking for beer.The previous owner had a license REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 3 OF 40 and they are doing exactly the same thing as what had been done before. 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.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A NEW LICENSE, INDIVIDUAL, SERIES 12 RESTAURANT LIQUOR LICENSE FOR MONGOLIAN GRILL, SUBMITTED BY ANDY AN NGUYEN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 BEER AND WINE LIQUOR LICENSE FOR QUICK AND EASY SHELL III )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.The applicant was not in attendance.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. Councilmember Waldron commented we requested an extension of time. City Clerk Kathleen Connelly stated this is the one where we never received the check.In checking with the Arizona Department of Liquor Licenses and Control, their policy is that we have to request it in writing REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 4 OF 40 and we received that approval in writing to the second meeting in January which is January 17.While there are no staff objections, they are not meeting the city code requirement to pay a $50 fee. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THIS ITEM BE CONTINUED TO THE REGULAR MEETING OF JANUARY 17, 2017, AS A PUBLIC HEARING. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF DONATION OF ART FROM MERRILL AND MARIA ORR TO BE PLACED NEAR THE FOCAL POINT MEDIAN )City Manager Bryant Powell briefed the council on the item. Vice Mayor Barker asked if he brought any samples on what he is thinking about doing or putting on there. City Manager Bryant Powell stated he has not seen any. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 5 OF 40 Councilmember Rizzi commented she believed he talked about a Kachina. Vice Mayor Barker commented he said he would bring in some kind of illustration of what he had in mind. City Manager Bryant Powell stated he has not seen that yet.He does not know what his plan was on that. Mayor Insalaco commented the east pedestal is the perfect place for that. City Manager Bryant Powell asked if he meant the one in the photo. Mayor Insalaco commented that is correct. City Manager Bryant Powell stated he wanted to keep the same one. Mayor Insalaco commented there are seven up here and he is just giving his opinion. Councilmember Serdy commented the goal is to earn money from this project to buy the piece they are looking at on the screen. Vice Mayor Barker commented she understands that.She thought they were going to get to see what it was he is offering before they directed staff to go ahead and take it. Councilmember Serdy commented he thought it was just a suggestion.He has been doing a show every week.He asked if he met with Liz regarding safety precautions about how it would be installed. City Manager Bryant Powell stated this was the initial dialogue and if council wanted to give direction to staff that would be something they could REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 6 OF 40 continue to look at.It will work.Whatever he is looking at they will need to go out and get a foundation set like they did for the javelina.But on the west side, they need to start that, they need to get that in place as well.That dialogue has started and they are waiting for direction. Councilmember Serdy commented he thinks the idea was to have it up there for several months and then auction it off.If it is a hideous monstrosity we will take it down in a month. Councilmember Rizzi commented based on what they have seen that he has brought to the council she does not think they need to worry much about that.He is a world-renowned artist. Vice Mayor Barker commented she would disagree with her on that.Some of the pieces that he showed were not something she would want in our downtown. Others were wonderful and absolutely incredible.It seems to her that they were told by a gentleman who very kindly wanted to donate his time and his talent to this community that he would give us a general idea.He said do not hold his feet to the ground on that specific thing but that it would be somewhat like this, whatever this might happen to be.She thinks they need to see what this is. Councilmember Serdy asked even it if is just for a short time. Vice Mayor Barker commented that is correct.She does not see anything wrong with giving direction to staff for them to talk to him and to tell him that we are interested in doing this and to please give us an example.She does not see anything wrong with that. Councilmember Serdy asked if they can do direction to staff to move forward but have a review first if they see examples they do not like. City Manager Bryant Powell stated that would be at the meeting of January 17. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 7 OF 40 that would be fine. that needed to be in the motion. stated that is correct. Vice Mayor Barker commented Councilmember Serdy asked if City Attorney Joel Stern Councilmember Rizzi asked if they are going to move forward is it the pedestal they are moving forward on.She asked what specifically they are moving forward on as they wait for examples. Councilmember Serdy commented it would be for filling the pedestal in front of the focal point.It would be the featured one. Mayor Insalaco closed the discussion and called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE DONATION OF ART FROM MERRILL AND MARIA ORR TO BE PLACED NEAR THE FOCAL POINT MEDIAN:THAT WE CONDITIONALLY ACCEPT THIS OFFER WITH GREAT THANKS AND THAT WE WOULD LIKE TO HAVE A GENERAL IDEA OF WHAT HE HAS IN MIND BEFORE HE ACTUALLY PUTS IT THERE; AND THAT THE MONUMENT IDEA FOR THE EAST REMAIN AS PART OF THE PLANS GOING FORWARD. Councilmember Rizzi SECONDED THE MOTION. Councilmember Serdy asked if they wanted to put in the motion the auctioning for the funds. Vice Mayor Barker commented this is just for the donation. City Attorney Joel Stern stated they can add it into the motion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 8 OF 40 There was general discussion as to whether an amendment could be made after two yes votes had been given on the original motion.The amendment would be voted on first. Councilmember Serdy AMENDED THE MOTION TO ADD THAT THE CITY ASSIST WITH THE INSTALLATION IN THE MEDIAN ON APACHE TRAIL AND THAT AFTER AN AGREED PERIOD OF TIME THE PIECE BE AUCTIONED OFF WITH THE PROCEEDS GOING INTO A FUND THAT WILL BE DESIGNATED FOR FUTURE CITY ART PURCHASES. Councilmember Rizzi SECONDED THE AMENDMENT TO THE MOTION. VOTE:Unanimous. The motion carried. VOTE (on original motion):Unanimous. The motion carried. UPDATE ON CHAPTER 15 PUBLIC PARK REGULATIONS )Parks and Recreation Director Liz Langenbach briefed the council on the item. Councilmember Rizzi commented the permit for beer needs to be issued and signed by the director of parks and recreation.She asked what would happen if the director were ill or on vacation or if the permits could be obtained online. Parks and Recreation Director Liz Langenbach stated there is a stipulation in there that it is the director or the designee.They have multiple people that can handle a malt permit.They can certainly look into online opportunities but for a malt permit, they have to make sure they are of age and are following the legal system.It makes online a little tricky but they can look into that, a way to make their practices better.They will be moving their offices to the Multi -Gen Center shortly which will allow them to have more REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 9 OF 40 extended days where people can get a malt beverage permit.She thinks that will help as well. Councilmember Rizzi asked what happens when someone goes to the park on the weekend with their family.They go on Saturday or Sunday and we are closed. Friday might be an option. Parks and Recreation Director Liz Langenbach stated their rangers are very good.They will definitely be putting out information in the parks.They generally will try to get them educated about the new rules. They would probably need to not let them have alcohol in the park but would let them know when the next classes are and how they can do it.They will try to be as friendly as possible but it is a challenge right now.Even if a group comes out and they do not know the rule, then they cannot have the alcohol in the park at that time.But they will learn for the next time they are out there. Councilmember Rizzi asked if they could word it to be at the discretion of the park ranger if they have a small -sized child -size tent to keep a child protected from the sun.Obviously the child it not living in the tent.It may be used to shield the child from the sun. Parks and Recreation Director Liz Langenbach stated even now she thinks the rangers do a very good job of using their discretion and common sense to say there are some different uses of it.It could be a small toy or something to get them off the grass.She believes that tent is something they would make an exception to.It is not a common thing but if it happens they will be able to deal with that. She asked if there was anything in the rules that they feel need to be changed for the malt beverage permit. Councilmember Rizzi commented there were just questions as to what happens on the weekends when the city is not open and they want to go to the park. Parks and Recreation Director Liz Langenbach stated they will continue to try to make that as friendly as possible. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 10 OF 40 Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION TO STAFF BE GIVEN REGARDING UPDATES TO CHAPTER 15 PUBLIC PARK REGULATIONS:THAT WE PROCEED WITH THE REDLINE VERSION AND THE CHANGES THAT WERE INDICATED LAST NIGHT. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a five-minute recess at 7:30 p.m.He asked that when they return everyone in the audience keep their actions and volume in a civil tongue. Mayor Insalaco reconvened the meeting at 7:35 p.m. PUBLIC HEARINGS ORDINANCE NO. 1428, CASE PZ-2-16, PLANNED DEVELOPMENT MAJOR AMENDMENT REQUEST BY APACHE JUNCTION LANDFILL CORPORATION/FIRST AMENDMENT TO THE AGREEMENT FOR OPERATION OF MUNICIPAL SOLID WASTE LANDFILL AND RELATED OFFSITE AND ROADWAY IMPROVEMENTS WITH APACHE JUNCTION LANDFILL CORPORATION )Senior Planner Rudy Esquivias briefed the council on the item. Vice Mayor Barker commented when he began he said those items in bold would have to be added. Senior Planner Rudy Esquivias stated that is correct.Those are new, additional conditions. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 11 OF 40 Vice Mayor Barker commented they are not part of the ordinance. Senior Planner Rudy Esquivias stated they are not part of the commission recommendation. Vice Mayor Barker commented it is not part of the ordinance at this point. Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Barker asked if they are part of the ordinance. Senior Planner Rudy Esquivias stated those are new conditions that they have suggested that they have listed for them. Vice Mayor Barker commented she is asking if a motion were to go forward all of these things would have to be included within the motion except for the date. Senior Planner Rudy Esquivias stated they want to mention in their motion the changes and new conditions. Vice Mayor Barker asked if this could be an administrative action. City Attorney Joel Stern stated that is a legal issue where there is a lot of debate. There is case law that goes both ways.Tonight they have an ordinance that is zoning.There is also a landfill operative agreement.He has heard different arguments on both sides of it.The council, in its legislative capacity, acts on zoning ordinances.Some might disagree with that.Some might also disagree that they act in their capacity in a development agreement.He has seen different cases ruled different ways. He apologized for not having a real, perfect answer for her.He does not think the law is as clear as some think it is. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 12 OF 40 Councilmember Waldron commented that was the question he had, too, because they are just tweaking Ordinance No. 1034 so it would be an administrative action.That is what he thought since they are tweaking zoning from years ago. City Attorney Joel Stern stated that is correct but there would be some argument that there might be some new policies they are putting into this ordinance, some policy decisions that are legislative.It is perhaps an administrative act but he is sure they may find out the answer to that question in a different room.He asked the mayor if he wanted him to go through the agreement real quick. Mayor Insalaco requested he do so. City Attorney Joel Stern briefed the council on the first amendment to the development agreement with Apache Junction Landfill Corporation. Councilmember Serdy asked that he refresh his memory.When the planning and zoning commission originally suggested they do everything it ended in 2025.He asked how the discussions went where they arrived at 2035. City Manager Bryant Powell stated the current agreement they are operating under does not have a closure date.He has lived in this city near Baseline and Tomahawk for 15 years.When he started in January 2001 he was told it would be 10 to 12 years before the landfill closed. When they sat down with them over the years, because of different inflow rates, meaning how quickly that bucket is filling up at the landfill, there have been times when that tonnage has been as much as 450,000 tons before the recession. Last year we had 180,000 to 200,000 tons.At times it is one- third of the inflow rate to fill up the bucket because of the recycling we have now.There are three residential trash service providers.The inflow, or the ability to fill that bucket, has had a great variance throughout the years.When they sat down a couple of years ago to start this process, the number was again in 10 to 12 more years.He is not sure why 9 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 13 OF 40 years came up at the planning and zoning but whether we enter into a new agreement with Republic or not, there will still be at least 9 years.It does not mean technologies do not change. It does not mean other things could happen.He asked Rudy to explain what the planning and zoning commission was thinking about. Senior Planner Rudy Esquivias stated basically the commission, in their discussion with the applicant, started discussing things about fill rates and about things such as recycling and other factors that may influence the life of the landfill.There was some consideration amongst the commission members of the development of the state lands around the property.Ultimately they thought that a sooner closure date was preferable over the 2035 date.However, they also did not review the operating agreement which spells out the contributions to the city and the closure phasing schedule in detail.That item did not go to the commission; it only went to the council.In a sense they did not have all the information that the council does.Out of those discussions with the applicant they opined it could be done 10 years sooner.The 2035 date is the maximum date.It may close sooner.He thinks they might have also focused on that. City Manager Bryant Powell stated this is a negotiation process.He is not sure Republic would negotiate if they already have 10 years.He considered why they would do $1.5 million at the end or increase their tonnage rate 25% and allow the community to have that opportunity for the increase rather than what it already is. That is a whole other perspective. City Attorney Joel Stern stated back in 2012 they did have extended negotiations and he detailed those pretty good. City Manager Bryant Powell stated they did have negotiations in 2012.At one time in 2005- 2006 they were going to give some kind of increased haul.It was going to fill it up in five years and they were hurrying to have discussions.Council has been giving us direction over the years that they want a passive recreation park, similar to Silly Mountain.It has been a steady input they have received from REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 14 OF 40 staff.They started in 2005-2006 and tried again in 2012.We were not able to keep it going.We are here today from about a year -and -a -half ago. Mayor Insalaco requested the applicant address the council. Mr. Steven Anderson, 2 North Central, Phoenix, addressed the council.He was there on behalf of the Apache Junction Landfill Corporation.He also has General Manager Chris Coyle from Apache Junction Landfill Corporation with him and Environmental Manager Doug Sawyer. This is the fourth city council meeting on this item and eighth public meeting overall to consider the proposed administrative amendments to the Apache Junction Landfill zoning which is already established in the existing operations agreement.There have been two community meetings with notices far above the requirements.There has been a planning commission study session, planning commission hearing, two city council study sessions and one prior city council hearing.The case was filed in January 2016.They appreciate all the time and effort staff has put into this matter.He will limit his remarks to the issues discussed at the last council meeting and study session. They have been addressed in the current staff report and recommendations.There are three issues.One is closure, the next is landscaping and the last is groundwater.Currently as staff already noted there is no set closure date for this facility which is the same for every Republic landfill in the state and he thinks for most of the landfills in the state. Landfills typically do not have closure dates but tonight's proposal will change that.If this is approved, this landfill will become the only Republic landfill in the state that does have a set closure date.There are such things as closure projections.They file reports with the Arizona Department of Environmental Quality that estimate closure dates.When filed they reflect the swings in the flow of trash into the landfill as Bryant talked about earlier.The 2006 report shows an estimated time frame of 2015 based on that current flow rate which was in the height of the boom.The early 2014 report has the 2013 flows with it being down to 1,100 tons per day and estimating a 2023 closure.As the city knows since it gets the host fees paid per ton, the waste flow into the landfill has continued to drop.It is much lower now than the report filed REGULAR MEETING OF THE CITY COUNCIL DECEMBER .6, 2016 PAGE 15 -OF 40 in 2014.Running a landfill is a business and it goes up and down like any other.Factors involved include competition, recycling and the general state of the economy.It is an unpredictable thing.The approximations to Arizona Department of Environmental Quality change as the business changes.This proposal changes that dynamic completely.Now Apache Junction Landfill Corporation will be intent to divert waste streams into this facility to make sure they fill the bucket.They are not going to leave it empty.The gates will close in 2035.If they do not use it, they lose it.He wanted to make sure they were aware the planning commission did not have access to the operating agreement amendment.They did not know about the extended financial opportunities the city staff has negotiated in a very complex business transaction.It is through no fault of their own; it is a reflection of their jurisdiction.They did not have the benefit of that agreement before them as it is not something they recommend on.The difference between the staff recommendation and the commission recommendation is a very important one.It is an essential part of the transaction opportunity for Republic Services.He encouraged them to accept the staff 2035 recommended date.At the last council hearing in April, the council requested staff and Apache Junction Landfill Corporation to discuss the administrative amendment to the operations agreement to provide for accelerated payments in the event the landfill closes before 2035, which may occur but they are not making promises there.Those provisions are in the agreement amendment.The landscaping issue was originally raised by the planning commission when they recommended approval of the proposals back in March.Staff developed a more precise recommendation to which they have agreed.The staff report before them this evening proposes doubling the amount of landscaping described in that study session proposal.They understand the city's concern and they are willing to agree to the revised staff recommendation to double the landscaping.As discussed at prior hearings, the original county landfill at the center of this landfill is not lined.The portion they have developed is lined.When they designed the drainage liner under the modern part of the landfill, they designed it to try to maximize the possibility that if there were run off from the old county portion of the landfill they would try to catch that in their modern liner.Doug Sawyer is here if they want to talk to him in greater detail about that.Arizona Department of Environmental Quality has never required the groundwater at the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 16 OF 40 landfill be monitored and it is not currently being done.The city council indicated at the April hearing that needs to change.Staff and Apache Junction Landfill Corporation were encouraged to work on the issue and that has been done.Both the administrative amendments before them this evening, one to change the condition of the approved zoning and the one to amend the operations agreement, now have express requirements that Apache Junction Landfill Corporation install groundwater monitoring and provide copies of the annual reports to Arizona Department of Environmental Quality to the city.They anticipate the Arizona Department of Environmental Quality will ask them to install three wells.One will be at the up gradient as part of the site in the southeast corner and two will be in the down gradient in the northwest portion of the site.That is what they think will be required.The idea is as the groundwater flows underneath the site, they will catch it as it comes in to get a baseline reading and as it leaves they will get another reading to indicate if they are having any impact on the groundwater.They anticipate having to drill the wells to a depth of 650'.They are very deep wells.They do not expect to hit water until they get to 400'.They believe this is the depth they need to go to because there are already wells in the area.There are two wells, one for an underground storage facility for injection and a half -mile off the northwest corner is a Water Utilities Community Facilities District extraction well.They pump groundwater to the surface from that well.The latter well hits water at 580'.They will not know for sure how deep their own wells will go until they start drilling.It will be an expensive exercise and they project the cost to be $250,000 to $300,000 to prepare the various Arizona Department of Environmental Quality regulatory documents, process them, construct and drill the actual wells.The annual monitoring and reporting costs will run about $50,000.It has been indicated this is an essential issue, they understand that and are willing to do this.The water being pulled out of the facilities district well right now has only been found to have elevated levels of arsenic.That is quite usual for groundwater wells. They are not finding volatile organic compounds which is what you would find if the landfill was leaking into the water table. They have not found any evidence of volatile organic compounds at that well.They have been out canvassing in the neighborhood since last Thursday and they have 475 signed statements supporting the landfill.He believes they are all south of US REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 17 OF 40 60.Other issues have been discussed in prior hearings and they would be happy to answer any other questions on them from the council.They feel that staff has negotiated a thorough and balanced proposal that improves on a solid, long standing relationship that they feel they have not just with the city but also with the residents of the community.The highlights of the proposal are a set closure date, an increase in the host fee both immediately and over time, the immediate installation of the groundwater monitoring, immediate installation of the entry landscaping, substantial increase in free access to the landfill for city government purposes and the $1.5 million obligation to fund park improvements that the city designs and controls.They would like the council to adopt the "clean" version that is in the staff report this evening.Specifically, they are comfortable with the revised stipulation number 4 with the 2035 closure date, the revised number 7, the deleted number 11 as they have already complied during this pending case, the revised number 12 which includes the doubling of the landscaping and numbers 13 and 14 regarding the groundwater monitoring and reporting.They are also in agreement with staff's latest version of the amendment to the operations agreement, in particular the doubling of the landscaping requirement as it is set forth in section K 22 of that document also before them in a "clean" format. Councilmember Waldron commented the 2014 Arizona Department of Environmental Quality Facilities Report indicated 1,100 tons per day.He asked what the current rate is. Mr. Chris Coyle, Apache Junction Landfill Corporation, stated about 600-650 tons per day is what they are averaging right now. Councilmember Waldron asked what the annual is. Mr. Chris Coyle stated he would have to do the math. Councilmember Waldron commented that is okay as the report showed tons per day.That is what he was trying to compare it to. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 18 OF 40 Councilmember Serdy commented he is disappointed with himself for not asking these questions several years ago when they started this.He loves creative landscaping and not just the plants and vegetation out there. That is less than $10,000.It is a drop in the bucket.He is wondering as this is nearing the end of its life as right now it looks like a sawed-off pyramid.They would not be able to go in there and shape it and contour it because they would be dredging up old refuse.He is wondering if they should not have had it put in earlier to leave us with some contour instead of just leaving them with a giant hump out there.There will be no way to bring in heavy equipment later.They have the heavy equipment there now.If this is approved, it would be nice to leave us something flowing instead of just a big pimple -looking thing. Mr. Steven Anderson stated the final design will have a road to the top so that will cut in to the design flow.The top will not be flat.It needs to drain for rain purposes and to be able to collect that storm water and make sure it does not pond or pool on top of the solid waste.It will have some contours to it.As long as the 3' cap is maintained, which is 6" of daily cover and 2.5' of cap, they can add soil on top of it to contour it from there. Mr. Chris Coyle stated most of the closure provisions of this document, including the payment, are staggered.They take place over time.The idea there is that they provide the city the funding and the city provides the design.They are supposed to get the first payment five years prior to closure.If they start working on that design as soon as they get the initial investment and the city tells them what it is the city wants, they can work with them. The installment payments allow the city to tell them before the closure point is reached what they are describing. Councilmember Serdy commented he thinks that is important.Once they get left with it they are not going to be able to dig down into it.They would be making a mess.He believes all of them might be off of this council by then.These people might not be working for this company.He thinks it needs to be addressed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 19 OF 40 Mayor Insalaco opened the public hearing on the item.He has some Call to the Public sheets also marked for this item.If they talk at Call to the Public they would get three minutes; if they talk now they get five minutes. Ms. Nadine Wilson, 201 E. Southern, Apache Junction, addressed the council.She stated someone did a beautiful job planning the Multi -Generational Center and the Library.This is a complex issue that should be left to the council.No one can predict the details that need to be done.The council should retain control over this and it would be a mistake to turn it over to some corporation that is only here to make money and does not have the interest of the community at heart. Mr. Brian Studer, 477 S. Lawson, Apache Junction, addressed the council.He stated the landfill has been a part of the community longer than the city has been here.It is necessary, hires local people and uses local equipment.It gives back a lot to the community.If we haul our trash and handle it more it is not environmentally friendly. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council.He stated he worked for Allied Waste when they had the landfill.It was already slated for closing then.There must be a lot of money riding on this deal.They need to do something with it and scape it now.They do not care what happens to it.They are going to wait 364 days before they contact Arizona Department of Environmental Quality to get a waiver for the water monitoring. They have done it for many years now.They need to start something out there as opposed to Mount AJ in our backyard.If people have it the way they want they will build 200,000 homes between here and Florence, Queen Creek and Queen Valley.He asked how private trust land got donated to this landfill.He does not think it is good stewardship of the land.Someone is not giving them all the facts. Mr. Matthew Spillane, 5257 E. 14th Avenue, Apache Junction, addressed the council.He stated he is in favor of the expansion of the landfill.It is good for REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 20 OF 40 everybody.It helps the community and generates jobs.He works for Republic Services at the landfill.He sees the community come in for free dump week.They have meetings to make sure they are safe.The company will not run away and leave a mess. Ms. Terry Nash, 1893 E. 38th Street, Apache Junction, addressed the council.She stated she has great concerns for the environment and the groundwater.She asked they mentioned they monitor the groundwater but what are they going to do if they find anything that is harmful to the residents of the area.The people who do not live there or have monetary interests are one thing.Put yourself in the place of the people living in that environment with children growing up. Let that impact your decision and what to do with the situation. Mr. Glen McMinn, 1159 S. Idaho, Apache Junction, addressed the council.He stated he and his wife moved here in 1971 and raised their family here.He has seen all the growth.He has seen how much Apache Junction has grown.It is unbelievable but it is small in comparison to how much the communities around us have grown.Queen Creek was a filling station and a Circle K.He asked what happened to all the growth around them and why they have not gotten as much as some of the other communities.He thinks it is because of some of the bad decisions our city council has made over the past. They should have annexed everything in every direction as everyone else has.One of the decisions they made was to okay the landfill.It is a mile south of Southern out in the desert. No big deal, but they did not have the foresight to see what was really going to happen in the East Valley and basically all over Phoenix.That area could someday be the center of Apache Junction.This council is about to make a decision of their own.It could be a disastrous decision for the city.It will affect the value of the land around that area.No developer is going to want to come in there and build around that site.No one wants to live next to an ugly mountain of dirt.He went to the last meeting and asked the company representatives how much they made a day and in a year.No one could answer his questions.They were willing to tell me how much the city was going to get, which is one dollar a ton.They charge $42 a ton. That is $16,800,000.They have made enough money off the city all these years.It is time for them to go.Twenty years from now they will put a park in there.We will see that when it REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 21 OF 40 happens.He would bet that when the time comes they will sell to a bogus company and take off.There will be an environmental impact and the city will be stuck holding the bill.He hopes this council shows more foresight and thinks about the long term future of the city and closes this dump as soon as possible.He is asking the council to not make a bad situation even worse. We should not soil our own nest and we have been doing it for years and letting other communities come in and dump their trash as well.It should have stopped ten years ago.Apache Junction, home of Superstition Mountain, or Apache Junction, home of Trashmore Mountain. Mr. Larry Johnson, Apache Junction Chamber of Commerce, addressed the council.They have a letter of support for the expansion and proposed amendment in their packet.The Chamber of Commerce Board of Directors has reviewed the issue and finds it to be in the best interest of the community, the city, the businesses and the residents to adopt these amendments. Mr. Jeremy Hoenack, 500 N. Estrella Parkway #B2602, Goodyear, addressed the council.He is one of the owners of 1985 W. Apache Trail.He stated he listened to the presentation and believes a lot of consideration has been done.He was in the Los Angeles area and there was a landfill in Sepulveda Pass.It is between Beverly Hills and Westwood and involves an extensive part of San Fernando Valley. Those mountains were very steep and unusable.They made it beautiful when they filled it up and built a jillion multi- million dollar homes up there.It did not turn out to be such a bad thing.People complained about the smell from time to time but it was finished 10-15 years ago and is a beautiful thing. He knows they line these things and do all kinds of stuff for drainage in a way that it should not impact the water.However, there is a risk in everything.As much as we like to conserve, we all use trash. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 22 OF 40 Councilmember Waldron commented one of the things they have to remember is our trash has to go somewhere. Vice Mayor Barker commented there is someone at the podium that did not get to speak. Mayor Insalaco commented that is what he was saying.If they filled one out on 7 or 8 not for Call to the Public, they can come up.That is why he asked if there was anybody else. City Clerk Kathleen Connelly asked him to reopen the public hearing. Mayor Insalaco reopened the public hearing. Mr. Ty Taber, 2390 E. Camelback Road, Phoenix, addressed the council.He was there on behalf of the Stop Mount Trashmore Community Organization.It is interesting that they talked about the role of local government with the tragedy that happened in Oakland.It is an interesting story because it was a warehouse that was old and antiquated and not properly inspected, not properly monitored, not properly checked and it ended up causing a huge fire which resulted in a number of deaths.If it had been properly monitored and if things had run the way they should have run, all of that could have been avoided.If nothing else, the date, the end of this landfill should be 2025.Nineteen more years of this landfill in operation is not a good deal for the city. Since 1950 this landfill has never been brought into compliance with Arizona Department of Environmental Quality or federal standards.It had no underground testing, no groundwater testing, during that entire time frame.It was completely unlined at the outset and remains partially unlined to this day. It is a ticking time bomb that needs to be closed sooner rather than later for the safety of the people of Apache Junction.We have heard a lot about groundwater monitoring but one thing very interesting is there has never been any groundwater monitoring at this landfill ever.Republic took control of the landfill in 1996.They agreed with the Arizona State Land Department that they would incorporate all environmental safeguards and REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 23 OF 40 monitoring devices required by state law.They did not do that. They did none of that.Instead they went to Arizona Department of Environmental Quality and asked for a waiver based on the age of the landfill to eliminate the need to do any groundwater monitoring.They never had to do it.They argued they were grandfathered in because of the age of the landfill.Some things should not be grandfathered in.Allowing a landfill to go for decades without any testing or monitoring is simply not safe.In 2007 Republic was notified to begin groundwater monitoring because they were accepting liquid waste into the landfill.Rather than do the groundwater testing they just decided to stop taking in liquid waste.They went back to Arizona Department of Environmental Quality and said since they were not taking in any liquid waste they do not need to do any groundwater monitoring and Arizona Department of Environmental Quality once again agreed.Now they say they are willing to commence groundwater monitoring in exchange for millions of tons of expansion and an additional $165 million in revenue.As we stand here today, 65 years after the landfill opened, and some 23-25 years after Republic controlled this landfill, there has never been a single groundwater monitoring attempt ever. Republic has been in trouble with Arizona Department of Environmental Quality over the methane limits that were exposed at the plant.In June 2014 Arizona Department of Environmental Quality reached out to Republic because they were allowing asbestos material to be put into and stay in the landfill.It came from Northern Arizona University from things under construction there.The asbestos came down here and it was put into the landfill.They did an examination of it but they left it in the landfill.On October 15, 2013, the Arizona Department of Environmental Quality granted authority to Apache Junction Landfill to accept radioactive material for its disposal at its Apache Junction facility.He has a letter from the Republic to the Arizona Department of Environmental Quality that he requested they each get a copy of. City Manager Bryant Powell asked if he gave his address. Vice Mayor Barker commented they already have it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 24 OF 40 Mr. Ty Taber stated 2390 E. Camelback Road, Phoenix, Arizona. City Clerk Kathleen Connelly stated his time was up. Mayor Insalaco commented his time was up.There is a five minute limit. Camelback Road, Phoenix, Arizona. stated his time was up. Mr. Ty Taber asked for some more time. Mayor Insalaco apologized but commented he could not do that. Ms. Diane Burns, 527 W. Whiteley Street, Apache Junction, addressed the council.She stated she is with the neighborhood group Stop Mount Trashmore in Apache Junction.She has submitted 158 signatures to them this evening from local residents who oppose the landfill proposal.She is also here despite representatives of Republic Services trying to buy her silence for thousands of dollars on two separate occasions, the second time just last week.She is here because she believes this is a bad deal for our residents. She is not doing this for the highest bidder.The Apache Junction landfill is over 50 years old and in 1996 it was acquired by Allied Waste, which merged with Republic Services in 2008.The landfill was built before modern day environmental regulations were established, which means part of it is unlined, potentially affecting our groundwater.This landfill is nearing its capacity with Republic Services own estimate to Arizona Department of Environmental Quality saying the landfill will close by 2023.One of her biggest concerns is that this landfill expansion will continue hazardous environmental practices less than a mile from the Apache Junction neighborhoods.The owner of the landfill has twice filed waivers with Arizona Department of Environmental Quality to avoid groundwater monitoring.One time in 1995 and again in 2007.Under this proposal the council is giving Republic Services 20 more years and millions more tons of capacity and they will just now start groundwater monitoring after 20 years of neglect.She asked if they should find out if the groundwater has been affected by this landfill before we reward REGULAR MEETING OF THE. CITY COUNCIL - DECEMBER 6,, 2016 PAGE -25 OF 40 them with everything they want.According to Arizona Department of Environmental Quality records in both 2009 and 2010 Republic Services admitted that explosive methane gas was migrating beneath the lined portions of the landfill and had concentrations well over the Arizona Department of Environmental Quality methane regulation limit.In 2011 radioactive materials were discovered on site.Republic Services chose to leave them to decay naturally for years rather than have a third party remove them.In 2013 asbestos was found on site.Once again, Republic Services chose to leave it in the landfill rather than being sent to a hazardous waste site.The current landfill is well past its prime.It is too close to our neighborhoods and it should be closed as soon as it is full.The deal we are being offered is Republic Services gets 20 more years to put tens of millions more cans of trash in the landfill and make over $100 million more in profit.We finally get water monitoring 20 years too late and the land ready for economic development near the landfill will continue to sit vacant for decades.In exchange for your vote, Republic Services also is giving the city $1.5 million 20 years from now for a new park which is worth less than $300,000 of today's dollars.As part of the original city ordinance, they were obligated to provide a post -closure landscape plan for the entire site by 2004. According to city records they never did.She asked what makes you think they will keep their word this time.This is a bad deal for the residents.It is time to shut this landfill down once and for all.Republic Services tried to buy me off.Do not let them buy you off. Mr. Coria Paknezhad, 2390 E. Camelback Road, Phoenix, addressed the council.He stated the landfill has outlived its useful life.The council members have heard as much from the speakers this evening.This landfill will make Apache Junction the East Valley's final dumping ground.Apache Junction deserves better.All other facilities will be filled first and Apache Junction is going to be left to be the last vestige of intercity dumps until 2035. There is a reason landfills are sited far away from town.The reason is because of potential environmental damage and the effect on property values in the development and safety of the community.All those things matter.It is curious that Republic has never done any groundwater monitoring.And until at least 12 months after the council approves this measure they REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 26 OF 40 will not have to.If they were serious about being proactive in determining the safety of the landfill they would have done so by now.They also would have given us assurances of the facility's safety rather than saying it is what it is.They have done none of that.All they have done is offer a promise that they would end the dumping in 20 years.The perspective is important.In 1998 the landfill was projected to have a 7-15 year outside closure date.That would have taken us until 2013, three years ago.The planning and zoning commission, when it did its in depth analysis, extended that to 2023.The Republic now wants to keep the landfill open until 2035.Maybe in 2035 they will want to keep it open for another 13 years.Maybe that city council will be okay with it, too, because they are going to have powerpoints.He submits that this situation can be resolved by the following compromise:the landfill should be closed in 2023.If the council disagrees then the citizens, he is sure, will be happy with 2025.That is what the planning and zoning commission proposed.The citizens must receive assurances that testing results and monitoring will prove to the community that this landfill is being operated in a safe manner during the entire time it remains open.Any contamination that is discovered during groundwater testing or other environmental testing that requires remediation must be remediated at the sole expense of Republic, the big corporation.Not the people of Apache Junction.Republic has to agree to stop adding any trash to the landfill until remediation is completed if anything is found to be awry.No additional hazardous waste should be placed into this partially unlined landfill.This proposal is a win -win.It is a win -win for the city and for the residents. If it matters, it is a win for Republic as well.Republic is a big company.It has money.They have resources.They have mobilized their money and their resources in putting forth this ordinance.Although our community is small, Apache Junction is not powerless against Republic.It is powerful.The people in this room deserve to know that the landfill that is being pumped full of garbage in their own backyard will not keep growing for another 20 years.Respectfully, 2023 or 2025 is the appropriate date of closure for this landfill, not 2035.Planning and zoning got it right. Mr. James Boerigter, 1054 E. Roosevelt, Apache Junction, addressed the council.He stated he is about a mile from the landfill.He thinks they have real REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 27 OF 40 problems here.He wished them luck.He would like to see this go to a vote of the people of the city.If there is some way to do that he thinks that would be a very good idea.It would not put it all on their shoulders as it is a big decision.There are too many questions and too many things that need to be answered to do this in the amount of time they want you to do it in.They need more time. Mr. Lon Reed, 684 N. Thunderbird, Apache Junction, addressed the council.He stated he moved in about 30 years ago and it was a small dump at the time.He was here when they started lining it.He uses the dump for trash and tree limbs and clippings.It is very useful to be this close.He has never had a problem with it.He has wondered why they have never rounded up their fees from $8.85 to $9.00.He is glad to see they are taking time to look at it. He worked with the line crew for Kennecott.They do have groundwater testing.They have everything.If they have the wells drilled now and not wait 20 years, they can then see the monitoring.Then there will not be any argument as to whether it is safe or not.They will have their answers.He would include it as part of the agreement.He is in favor of the extension but it is a big hill and there needs to be a way to contour it to make it more appealing and useful.It must be contoured for when it rains so it will not puddle.All those things can be resolved and settled.He recommends getting the groundwater taken care of so that they know whether or not there is a problem. Mr. Robert Schroeder, 3899 S. Wickiup, Apache Junction, addressed the council.He stated he lives across the street from the dump.The offers are very nice and he agrees with them.A gentleman said something earlier tonight where if it were sold the new owners would be exempt from the conditions.The cultivation kitchen comes to mind. They violated every condition back when they first opened and they were exempt because of a partnership which dissolved when the new owner came in.We had to start all over again.By that time they had already violated all the conditions put forth.He would like to see some kind of contingency in this agreement, although highly unlikely Republic Services will sell or change ownership but it is not impossible.We are talking about a long time and we need to protect ourselves and the investment.They REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 28 OF 40 need to make sure the conditions are still being honored 15-20 years from today.He thinks something should be installed to give us some security. Mayor Insalaco closed the public hearing on the item.He reopened the item to council discussion. Councilmember Waldron commented they have to take their trash somewhere.He has heard people talk about not allowing other cities' trash to come in here but they are more than willing to ship it out to somewhere else.The flyers that came in the mail are a financial interest that has not been disclosed for the Silver Bar Area outside of town that wants the dump.They have not disclosed that in any of the material.He got back into town and saw these.If you look at the picture it is not our landfill but they put it in front of our mountain.They talk about numbers that they cannot justify.We have to have a landfill somewhere.If we can regulate this landfill, and there has been a lot of talk about groundwater monitoring, it is apparently not required.It will be if we approve this agreement.The biggest argument to him is if we do not have a landfill here, the trash has got to go somewhere.It will cost us more money to begin with.Secondly, for as much as we do not want other peoples' trash they do not want ours either.We need to deal with our own materials.We need to be able to take care of ourselves.He knows people want this closed.There are rumors going around about water problems and the unlined portions from years ago.But the rules have all changed now.It is lined.You do not get an odor from that dump.He remembered the days when it was filled with papers that were blowing all over.He is from Montana and they even had it up there.It is supposed to be a pristine state.This is a well -run landfill.Frankly, putting his garbage there is okay.It has to go somewhere.He generates the garbage.It is a good agreement to him for the city. Vice Mayor Barker commented she finds it really fascinating that some of the most eloquent speakers do not live here.In fact, they live in Phoenix and one person who gave an address that says Apache Junction actually does not live in Apache Junction.She finds the close it request fascinating.This is a business.A business owns REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 29 OF 40 that land.This is not a city -owned piece of land.We cannot close that landfill any more than we can close Walmart, for goodness sakes.This is a commercial enterprise that is going on out there.And yes, they will make some money.If they do not make it, Silver Bar Regional Landfill will make it. Somebody will make it so the money is just ridiculous.She found these flyers that came out so incredibly absurd.The figures are erroneous, misleading, et cetera.She has gotten phone calls that were interesting.She has now talked to, gladly, 110 people.Her phone died on Friday night and she managed to resuscitate it for two hours yesterday.She does not mind talking to folks.What she does mind is when they say "Well, you should vote no because then you can close that landfill".No, we cannot.Or "Hey, what you really need to do is you really need to close it as soon as it is full".Well, that is what they are trying to do.Exactly what they are trying to do.She kind of resents the implications that have been made here tonight that are erroneous.Glenn talked about past councils making poor decisions about the city landfill. This was state land.We do not have any say so about state land.And then there was the development to the south.We are ruining it.That is state land.We have to wait until State Land decides to open that up.We even had a lovely, little analysis done by Elliott Pollack who is a noted Arizona economic specialist who determined after much research that the values of land around that landfill are not any different than they would be without it.Surprise, surprise.We have worked on this for 18 months.We have gone through this material over and over again.Our job, as a council, is to look to the future of this community.It is to look at what the future might look like with a contour and she agreed with that.With contoured landscape out there, the possibility of making it passive recreation, it will be great.She probably will not be here to see it but she her kids grew up here, her grandkids grew up here and her great-grandkids are now growing up here.She has a vested interest in this community.She, too, has been here 45 years.She wants her great -great-grandchildren to have a good place to live.She makes the decisions on things like this based on what it will be later, how it will be for folks later. They do not make these decisions based on other considerations, or at least she does not and she does not think anyone else up here does. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 30 OF 40 Councilmember Wilson commented if they vote no they are allowing it to continue on as is.Currently there is no groundwater monitoring.Currently there is no closure date.The decrease in the amount that is the infill could continue on for many years.It is not a 20 year extension.It is just a 19 year extension.We are talking about December to December of 2035.It is 19 years away.He does not think his math is wrong in that at all.They have built an incentive into this new agreement to encourage an earlier closure date.The question came up about what would happen if there was a problem with the groundwater monitoring, if there were some bad tests on it.That will be up to Arizona Department of Environmental Quality and Republic on how to address those issues and what needs to be done to correct the problem.That is something seen currently in a lot of places in this nation and they are having to do it.He is very much an advocate of having the ability to do groundwater monitoring. Currently there is no groundwater monitoring.There are costs involved and costs to maintain it.It is not a requirement. Currently the property and the company that is managing it is a private company.It is not the city.It is not the county.It is a private company that is actually doing it.He had two questions for the city attorney.He asked what would happen if Republic fails to implement the groundwater monitoring.He asked if this agreement would pass on to a new company if Republic were to sell the landfill to another company after this agreement was in force. City Attorney Joel Stern stated if they fail to complete what they are supposed to with the groundwater monitoring it would be a breach of contract. The city could sue them in court over it.The city could get an injunction.They could ask for the landfill to cease operations.As for the sale, if it sells, it does pass.This will be recorded with the land so any buyer would have knowledge of this agreement as well as the ordinance. Councilmember Rizzi commented the council members have been here for many years and decades, raised our families, children and grandchildren here, even great grandchildren for the vice mayor.They do have concerns and they do hear what the public has to say.They listen to everybody.They listen to both sides.Her phone blew up quite REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 31 OF 40 a bit as well as some of the other council members.Some of the concerns that she has gotten from citizens was that desert dumping also has an impact on our groundwater.The concern was that if they do not have a place to take our trash that is close by the desert dumping will increase in our community.That is a big concern.Another concern was the increased prices in trash removal.It is something we need to think about.Councilmember Waldron touched on when the landfill was first here it may not have been in our backyard just like the Silver Bar.It may not be in somebody's backyard now but at some point it will be in somebody's backyard.It has go to somewhere.They do listen to people.They also have families here that they have to think about.They do think about the future. Councilmember Serdy commented he agreed there are no alternatives.Silver Bar does not exist yet.If they were here to give us an alternative they might have been able to look at this differently with some kind of a transfer station and a free dump week.As of right now, that is not there.He also enjoyed taking the calls.He was appreciative of the ones that would listen.Some did not.They were very quick.This is going to sound pretty petty but he heard this a lot from a lot of people during this discussion. It is about Republic making people rent vests.Republic makes a lot of money and they should buy a bunch of vests and hard hats and let people use them.It sounds like the airlines charging for every little thing.Get a bunch of vests and let them use them when they go in there to dump.People do not like that and they are very resentful of that.He knows it sounds petty but he hears that a lot. Councilmember Evans commented a lot of what she wanted to say has already been said.She would like to address one item.Several people brought it up. This smells like money.It is.It is about money.It is about money for the city.It is about savings to the residents. Without this landfill, it is 1-2% of our general fund that the city receives from them.It is money for the public services but they are not the only ones that benefit from this being exactly where it is.With this agreement we do get a closure date.If we do not do this, we do not get a closure date.We do not get a height date or if it reaches the height even sooner.A lot of the people opposed to this landfill right now REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 32 OF 40 failed greatly to say they are part of being a principal to the Silver Bar Mine.That is really what has created so much of this misinformation which is unfortunate but that is why they are here, to go through all of the information.They have talked with State Land, the developers, and what kind of impact it will have with one of the large developers that wants the entire 7,000 acres.They do not like it but it is not a deal breaker.It is one of those things sort of like a septic tank or a sewer system.You need it.You have to have it. Councilmember Waldron commented he is concerned about the lady who asked a question about what happens if there is a violation in the water.He is not sure who to direct her to for that answer.He asked if problems with the water would be directed to Arizona Department of Environmental Quality. City Attorney Joel Stern stated it would be and they have strict guidelines on what can be in the water. Councilmember Waldron commented maybe she could call Arizona Department of Environmental Quality to get an answer to her question. City Manager Bryant Powell stated for the record there are two water companies or service providers in the City of Apache Junction area.One is Arizona Water Company, a for profit company that is primarily a groundwater system.They have strict guidelines and they do testing all the time.They are often up for that.The Apache Junction Water District, which is primarily the area closer to the landfill, not necessarily all of but that area, is primarily a surface water treatment system.The water he drinks, because he is a member of the Apache Junction Water District, is treated from the Central Arizona Project Canal.They are probably at 90%.They have a new water treatment plant.They have a new water treatment plant that has been in place for several years with the Interconnect with the City of Mesa.He wanted to clarify how the water system works as well. Mayor Insalaco commented everybody has been here a long time.He has only been here REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 33 OF 40 since 1986.He was in Globe from 1978 to 1986.Globe does not have a trash company.The city picks it up.He could take you to downtown Globe right now to Broad Street and go a mile -and -a- third up Nosker Hill and there is the dump.A dirt road and then they just dump it.It is still that way.It was that way then.Republic is does a good job of keeping things clean. They are saying it is all about money.It is about money.It is about money going either to the city or somebody else.They are looking after the city's end.His name was not on that card but he did get about 15 calls.There was only one call that was against it and he could not make this person understand.She kept saying they were going to make that mountain 1,700' tall. After 40 minutes he could not get through to her to let her know that was sea level.She kept saying they were making the mountain 1,700 feet.Some people just do not understand.He finally hung up because he could not take any more.Like Councilmember Rizzi said, if this is closed, watch the desert dumping.Watch the desert dumping come.If it does close and they have to go to the other place, if somebody wants to take a truckload of wood or branches, look where it has to go.Right now they can drive a couple of miles through the city streets and get there.They would have to take that stuff down Highway 60, down Highway 70 and so on.Yes, it is all about money but it is also about protecting the majority of the people of this city.He closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1428 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1428, AS READ BY THE CITY CLERK, BE APPROVED REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 34 OF 40 AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT ITEM 4 CLOSURE DATE BE SET TO 2035 AND THAT THE ADDITIONAL CONDITIONS OF APPROVAL AS INDICATED IN THE DRAFT. There was general discussion on the items in the draft he was referring to. City Clerk Kathleen Connelly asked if he was REFERRING TO THE AMENDMENTS RUDY MENTIONED AS BEING BOLDED. Councilmember Waldron commented that is correct. City Clerk Kathleen Connelly asked him to say that. Councilmember Waldron commented you just did.That is what it was. City Clerk Kathleen Connelly asked if he wanted THE AMENDMENT REFERENCED IN WHAT IS CALLED THE CLEAN DOCUMENT THAT ARE BOLDED. Councilmember Waldron commented that is correct. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. (Councilmember Serdy commented during the vote that he wished it could close earlier but he thinks this is the best proposal that they have.) The motion carried. Mayor Insalaco asked if they needed another public hearing on this other part. City Attorney Joel Stern stated they already had the public hearing but if he did not REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 35 OF 40 announce it then they would have to go through this all over again. Mayor Insalaco opened the public hearing on the first amendment to the operations municipal solid waste landfill and related offsite improvements agreement. Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council.He stated he was concerned about four people being shot by Maricopa County deputies in Apache Junction and he thought murder charges should have been filed for the last two. Mayor Insalaco commented this is not Call to the Public.This is for the other part of the landfill. Mr. Jimmy Eidson stated he said it was Call to the Public. Mayor Insalaco commented it is not Call to the Public.It is a public hearing. Mr. Jimmy Eidson stated he said Call to the Public.He heard him. Mayor Insalaco requested the city clerk address him. City Clerk Kathleen Connelly stated it is not Call to the Public.It is a public hearing on the landfill development agreement. Mayor Insalaco commented seeing and hearing none, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION LANDFILL CORPORATION FOR OPERATION OF MUNICIPAL SOLID WASTE LANDFILL AND RELATED OFFSITE REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 36 OF 40 AND ROADWAY IMPROVEMENTS BE APPROVED WITH THE FOLLOWING AMENDMENTS:THAT UNDER SECTION 22, ITEM A BE ADDED "THAT AJLC WILL CREATE A NATURAL BARRIER BETWEEN THE LANDFILL AND ALL NEIGHBORHOODS.SUCH BARRIER TO BE IN THE FORM OF TREES OR NATURAL LANDSCAPING AND TO BE AGREED UPON BETWEEN THE CITY AND THE AJLC; AND THAT ITEM B BE AMENDED TO SAY IN THE THIRD LINE SHALL INSTALL THREE, AND THE AMENDMENT IS "OR SIX" 36 -INCH BOX TREES, TWELVE, AND THE AMENDMENT IS "OR 24" 5 -GALLON SHRUBS. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker commented the work session scheduled for December 19, 2016 and the regular meeting scheduled for December 20, 2016 have been canceled.The work session scheduled for January 2, 2017 has been canceled due to the New Year's Day holiday.She MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JANUARY 3, 2017, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Jimmy Eidson, 1309 W. 15th Avenue, Apache Junction, addressed the council regarding unarmed Apache Junction residents being gunned down by county deputies and the kangaroo court in Florence.He is concerned about the city courts doing the same thing. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 37 OF 40 Mr. Brian Studer, 477 S. Lawson, Apache Junction, filled out aa request but he had already left. Mr. Jeremy Hoenack, 500 N. Estrella Parkway B2602, Goodyear, addressed the council regarding the improvements he was able to do to his commercial property with the assistance of a grant he received through the city.He also apologized for a previous appearance before the council. Councilmember Evans directed staff to continue to work with Mr. Hoenack on the drainage. City Manager Bryant Powell stated they will move forward with the next step. Councilmember Serdy commented he has been over there, too, and he thinks they can make some kind of a cut to let that water out. City Manager Bryant Powell stated he has been directed. City Clerk Kathleen Connelly stated he has one more from Mr. Schroeder. , Mr. George Schroeder, 2444 S. Virginia, Apache Junction, addressed the council regarding the drainage between Superstition and Main that now drains through his yard. Councilmember Serdy commented he believes Mr. Eidson meant when the out -of -city agencies serve warrants here.He would like our police to be present or even serve the warrant rather than have the other agencies come in here because they do not treat our residents like our own police treat our residents.He thinks that is what he was meaning.He requested a report from the chief on how these out -of -city warrants are being conducted.He thinks that would be useful. Councilmember Evans requested someone check on Mr. Schroeder's property and see how we can alleviate that. Vice Mayor Barker agreed. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 38 OF 40 City Manager Bryant Powell stated they will certainly do that. He will have the chief provide a report as well. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:25 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of November 15, 2016. 3. Consideration of approval of the proposed contract with Pimmex General Contracting Corporation for the installation of solar street lights in the Smythe neighborhood in an amount not to exceed $325,022.50. ACCEPTED THIS a(LID DAY OF 3NOL44-02..y , 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4711-DAY OF J'AcsJUP4V4 ,2017. A /- ATTEST: KATHLEEN CONNELLY City Clerk HN S. rffSALACO 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 6th day of December, 2016.I further certify that the meeting was duly called and held and that a quorum was present. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 39 OF 40 Dated this 20th day of December, 2016. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6, 2016 PAGE 40 OF 40