Council to consider HUD poverty designations for historic areas of city

The Maricopa City Council will discuss three resolutions to designate the Heritage District, Seven Ranches and Saddleback Vista areas as colonias.

According the U.S. Department of Housing and Urban Development website, colonias are rural communities located within 150 miles of the U.S.-Mexican border that often lack basic necessities taken for granted by most Americans.

These mostly unincorporated communities began to be developed in the 1950s and continue to exist for a variety of reasons, such as poor land use regulations, the website states.

The Mayor and City Council shall hear public comment regarding the use of the Community Development Block Grant (CDBG) program combined funds for the colonias set aside project as a competitive funding program.

Maricopa City Council Regular Meeting

Tuesday, July 19, 2011 at 7:00 pm
Maricopa Unified School District Board Room
44150 West Maricopa / Casa Grande Highway
Maricopa, AZ 85138

1.0 Call To Order 
1.1 Invocation 
1.2 Pledge of Allegiance 
2.0 Roll Call 
3.0 Proclamations, Acknowledgements and Awards 
4.0 Report from the Mayor 
5.0 Call to the Public

The procedures to follow if you address the Council are: Council requests that you express your ideas in five minutes or less and refrain from any personal attacks or derogatory statements about any City employee, a fellow citizen, or anyone else, whether in the audience or not. The Mayor will limit discussion whenever he deems such an action appropriate to the proper conduct of the meeting. At the conclusion of an open call to the public, individual members of the Council may respond to criticism made by those who have addressed the Council, may ask Staff to review a matter, or may ask that a matter be put on a future agenda. However, members of the Council shall not discuss or take legal action on any matters during an open call to the public unless the matters are properly noticed for discussion and legal action. 

6.0 Minutes 
6.1 Approval of Minutes from the June 14, 2011 City of Maricopa City Council Special Meeting. 

Special Meeting Minutes
6.2 Approval of Minutes from the June 21, 2011 City of Maricopa City Council Work Session Meeting 

Work Session Minutes
6.3 Approval of Minutes from the June 21, 2011 City of Maricopa City Council Regular Meeting. 

Regular Meeting Minutes

7.0 Public Hearings 

7.1 The Mayor and City Council shall hear public comment regarding the use of the Community Development Block Grant (CDBG) Program combined funds for the Colonias set aside project as a competitive funding program. 

7.2 The Mayor and City Council shall hear public comment regarding a Conditional Use Permit (CUP11-01) Shaw and Associates c/o of Verizon Wireless who is requesting approval of a CUP for a proposed 65 foot cellular tower. The tower is located at 44705 W. Canyon Creek Dr. generally located a quarter (¼) mile west of John Wayne Pkwy and one 1 mile north of Smith Enke Rd. The property is zoned General Rural (GR) Agriculture use. 

7.3 The Mayor and City Council shall hear public comment regarding a Conditional Use Permit (CUP11-02) Shaw and Associates on behalf of Verizon Wireless who is requesting approval of a CUP for a proposed 95 foot cellular tower. The proposed tower will be installed within the city-owned parcel#510-12-014C in Rancho Paloma, PAD. The site is generally located one (1) mile east of John Wayne Pkwy and half (1/2) a mile south of Bowlin Road. The property is zoned as a Planned Area Development (PAD) with underlying CR-3 (single residence), CR-4(multiple residence) and CB-1 (local business) zoning districts. 

7.4 The Mayor and City Council shall hear public comment regarding GPA11-01: A request for a General Plan minor amendment GPA11-01, to change land use map from Medium Density Residential to Public/Institutional (P) and Employment (E) for only that portion of land owned by the City of Maricopa (approximately145 acres) and identified as APN# 502-03-012E. This property is generally situated ½ mile north of Farrell Rd, ½ mile south of Honeycutt Rd, immediately east of White & Parker Rd, and west of the approved Master Planned Development of Eagle Shadow. 

7.5 The Mayor and City Council shall hear public comment regarding GPA11-02: A request for a minor amendment to the General Plan GPA11-02, to change land use map from Medium Density Residential (M) to Public/Institutional (P) and Employment (E) for only that portion of land owned by the City of Maricopa (approximately 140.21 acres) and identified as APN# 510-12-014C. This property is generally located at the southeast corner of Bowlin Road and John Wayne Parkway (SR 347) within the City of Maricopa incorporated limits. 

7.6 The Mayor and City Council shall hear public comment regarding ZON11-01: A request to rezone Neely Estates, PAD case # ZON11-01 for only that portion of land owned by the City of Maricopa and currently identified by Pinal County Assessor as APN# 502-03-012E, from existing CR-3 with PAD overlay (Single Residence Zone, PAD) to TR (Transitional Zone) development of approximately 145 acres. This property is generally situated ½ mile north of Farrell Rd, ½ mile south of Honeycutt Rd, immediately east of White & Parker Rd, and west of the approved Master Planned Development of Eagle Shadow. 

7.7 The Mayor and City Council shall hear public comment regarding ZON11-02: A request to rezone Rancho Paloma, PAD case # ZON11-02 for only that portion of land owned by the City of Maricopa, and currently identified by Pinal County Assessor as APN# 510-12-014C, from existing CR-3 (Single Residence Zone) and CR-4 (Multiple Residence Zone) with PAD overlay to TR (Transitional Zone) development of approximately 140.21 acres. This property is generally located at the southeast corner of Bowlin Road and John Wayne Parkway (SR 347) within the City of Maricopa incorporated limits. 

8.0 Consent Agenda All items on the Consent Agenda are considered to be routine matters and will be enacted by one motion of the Council. There will be no separate discussion of these items unless a Councilmember or member of the public so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda 

8.1 Resolution 11-41. A Resolution of the Mayor and City Council of Maricopa, Arizona, authorizing the submittal of a Notice of Intent to establish a quiet zone at five at-grade crossings along the Union Pacific Railroad Line. Discussion and Action. 

8.2 Public Service Award & Scope of Services. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to approve a Public Service Award and Agreement and Scope of Services for a one year period with Rotary in the amount of $50,000 to be paid from the General Fund, Mayor and City Council, Technical Services (10011111-53340). Discussion and Action. 

8.3 Public Service Award & Scope of Services. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to approve a Public Service Award Agreement and Scope of Services for a one year period with Environmental Concerns Organization, Inc in the amount of $50,000 to be paid from the General Fund, Mayor and City Council, Technical Services (10011111-53340). Discussion and Action. 

8.4 Approval of a Contract. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to approve a contract between the City of Maricopa and CAASA/ACE Maricopa Partnership for Educational Excellence Inc. to provide youth services at the Maricopa Teen Center in an amount not to exceed $50,000 through the City of Maricopa Non Profit Funding Program. Discussion and Action. 

8.5 Approval of a Contract. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to approve a contract between the City of Maricopa and Environmental Concerns Inc. to provide a Household Hazardous Waste Program in an amount not to exceed $50,000 through the City of Maricopa Non Profit Funding Program. Discussion and Action. 

8.6 Approval of a Contract. The Mayor and City Council shall discuss and possibly take action on approving a request by Grants Manager Mary Witkofski to approve a contract between the City of Maricopa and F.O.R. Maricopa to provide a Food Bank Program in an amount not to exceed $50,000 through the City of Maricopa Non Profit Funding Program. Discussion and Action. 

8.7 Sub-recipient Agreement. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to approve a sub-recipient agreement between the City of Maricopa and Against Abuse Inc. for the construction of a domestic violence shelter through the use of the community development block grant funds. Discussion and Action. 

8.8 Resolution 11-42. A Resolution of the Mayor and City Council of the City of Maricopa, Arizona designating the Heritage District as a Colonia pursuant to the Housing and Community Development Act of 1974, as amended, section 916, within the City of Maricopa, Arizona, Pinal County. Discussion and Action. 

8.9 Resolution 11-43. A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, designating Seven Ranches area as a Colonia  pursuant to the Housing and Community Development Act of 1974, as amended, section 916, within the City of Maricopa, Arizona, Pinal County. Discussion and Action. 

8.10 Resolution 11-44. A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, designating Saddleback Vista area as a Colonia  pursuant to the Housing and Community Development Act of 1974, as amended, section 916, within the City of Maricopa, Arizona, Pinal County. Discussion and Action. 

8.11 Budgetary Transfer. The Mayor and City Council shall discuss and possibly take action on a request to approve a transfer of budgetary authority in the 2011/2012 fiscal year from General Fund Contingency (10010000 99000) in the amount of $1,163,207 to the following line items: General Fund Economic Development (10011616 68800) $1,100,000, General Fund Human Resources (10011555 53320) $5,000, General Fund Information Technology (10011553 67744) $29,310, General Fund Police Support Services (10022124 53340) $28,897; and to transfer budgetary authority in the 2011/2012 fiscal year from General Fund Economic Development (10011616 55510) $62,382 to General Fund Contingency (10010000 99000). Discussion and Action. 

8.12 Resolution 11-45.  A Resolution of the Mayor and the City Council of the City of Maricopa, Pinal County, Arizona appointing David Anderson as a Judge Pro Tempore for the City of Maricopa Municipal Court, setting his compensation and providing a commencement date thereof. Discussion and Action. 

8.13 Fee Waiver. The Mayor and City Council shall discuss and possibly take action on a request by Community Services Director John Nixon to grant a fee waiver request by Jathan Gerdes of the Desert Springs Church for the Convoy of Hope Community Outreach in the amount of $1,134.00 for a special event on to be held on Saturday, August 6, 2011 at Pacana Park. Discussion and Action. 

9.0 Regular Agenda Items on the agenda are open for citizen input.  Please fill out a card and present it to the City Clerk before the meeting begins.  The mayor will call upon you for your comments. 

9.1 Non Profit Funding. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to approve an additional funding award of an amount up to Fifty Thousand Dollars ($50,000) through the City of Maricopa Non Profit Funding Program. Funds are available in the General Fund, Mayor and City Council, Technical Services (10011111-53340). Discussion and Action. 

9.2 Resolution 11-46. A Resolution of the Mayor and City Council of the City of Maricopa, authorizing the submission of an application for FY2010/2011 State Community Development Block Grant Colonias Set Aside Funds certifying the application meets the community’s previously identified housing and community development needs and the requirements of the State CDBG program and authorizing all actions necessary to implement and complete the activities outlined in the application for the Heritage District Colonias. Discussion and Action. 

9.3 Resolution 11-47. A Resolution of the Mayor and City Council of the City of Maricopa, authorizing the submission of an application for FY2010/2011 State Community Development Block Grant Colonias Set Aside Funds certifying the application meets the community’s previously identified housing and community development needs and the requirements of the State CDBG program and authorizing all actions necessary to implement and complete the activities outlined in the application for the Saddleback Vista Colonias. Discussion and Action. 

9.4 Resolution 11-48. A Resolution of the Mayor and City Council of the City of Maricopa, authorizing the submission of an application for FY2010/2011 State Community Development Block Grant Colonias Set Aside Funds certifying the application meets the community’s previously identified housing and community development needs and the requirements of the State CDBG program and authorizing all actions necessary to implement and complete the activities outlined in the application for the Seven Ranches Colonias. Discussion and Action. 

9.5 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Development Services Director Brent Billingsley to approve an Award of Contract to Okland Construction for Construction Manager at Risk ‘Pre-Construction Services’ for the City Complex construction project. This Award of Contract, in an amount not to exceed $138,020 will be drawn from budget line item General Government Development Impact Fee Fund, Buildings, City Services Complex (34533138-67720-31003), and is in compliance with City of Maricopa Purchasing Code, Section 3-4-6. Discussion and Action. 

 

9.6 CUP11-01. The Mayor and City Council shall discuss and possibly take action on approving a request by Planner Rodolfo Lopez on behalf of Shaw and Associates c/o of Verizon Wireless who is requesting approval of a Conditional Use Permit (CUP) for a proposed 65 foot cellular tower. The tower is located at 44705 W. Canyon Creek Dr. generally located a quarter (¼) mile west of John Wayne Pkwy and one 1 mile north of Smith Enke Rd. The property is zoned General Rural (GR) Agriculture use. Discussion and Action. 

 

9.7 CUP11-02. The Mayor and City Council shall discuss and possibly take action on approving a request by Planner Rodolfo Lopez on behalf of Shaw and Associates c/o of Verizon Wireless who is requesting approval of a Conditional Use Permit (CUP) for a proposed 95 foot cellular tower. The proposed tower will be installed within the city-owned parcel#510-12-014C in Rancho Paloma, PAD. The site is generally located one (1) mile east of John Wayne Pkwy and half (1/2) a mile south of Bowlin Road. The property is zoned as a Planned Area Development (PAD) with underlying CR-3 (single residence), CR-4(multiple residence) and CB-1 (local business) zoning districts. Discussion and Action. 

9.8 Resolution 11-49.  A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, approving a minor amendment to the City of Maricopa general plan to amend the land use designation for 145 acres of land, APN 502-03-012E, which is a portion of the land known as Neely Estates, PAD generally located north of Farrell Road, south of Honeycutt Road and east of White & Parker Road from medium density residential to public/institutional and employment as requested by the City of Maricopa. Discussion and Action. 

9.9 Resolution 11-50. A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, approving a minor amendment to the City of Maricopa general plan to amend the land use designation for 140.21 acres of land, APN 510-12-014C, which is a portion of the land known as Rancho Paloma, PAD generally located on the southeast former of Bowlin Road and John Wayne Parkway from medium density residential to public/institutional and employment as requested by the City of Maricopa. Discussion and Action. 

9.10 Ordinance 11-07. An Ordinance of the Mayor and City Council of the City of Maricopa, Arizona, zoning certain property described in zoning case ZON 11-01 for approximately 145 acres, APN 502-03-012E, generally situated north of Farrell Road, south of Honeycutt Road and east of White & Parker Road within the City of Maricopa incorporated limits. The parcels of land are situated in a portion of section 30 of Township 4 south, range 4 east of the Gila and Salt River base and meridian, Pinal County, Arizona. Discussion and Action. 

9.11 Ordinance 11-08. An Ordinance of the Mayor and City Council of the City of Maricopa, Arizona, zoning certain property described in zoning case ZON11-02 for approximately 140.21 acres, APN 510-12-014C generally situated on the southeast corner of Bowlin Road and John Wayne Parkway within the City of Maricopa incorporated limits. The parcels of land are situated in a portion of section 34 of township 4 south, range 3 east of the Gila and Salt River base and meridian, Pinal County, Arizona. Discussion and Action. 

9.12 Stagecoach Days. The Mayor and City Council shall discuss and possibly take action on a request by Community Services Director John Nixon to establish the dates and time frame for the annual Stagecoach Days event. Discussion and Action. 

9.13 Award of RSOQ. The Mayor and City Council shall discuss and possibly take action on approving a request by Community Services Director John Nixon to award the RSOQ – Festival Organizational Board/Committee to Action Alliance Network (AAN) – Cindy Dunn for an amount not to exceed $30,000. If approved, staff will begin contract negotiations with AAN to include a detailed deliverable schedule for the fiscal year 2012. A budgetary transfer of $30,000.00 is requested from General Fund Contingency (100-10000-99000) to General Fund Community Services Administration Technical (100-33130-53340). Discussion and Action. 

9.14 Resolution 11-51. A Resolution of the Mayor and City Council or Maricopa, Arizona adopting an Intergovernmental Agreement with the Maricopa Domestic Water Improvement District regarding the construction of domestic water infrastructure expanding the net water storage capacity for the District. Discussion and Action. 

9.15 Lease Agreement. The Mayor and City Council shall discuss and possibly take action on a request by Assistant City Manager Kolman to enter into a five (5) year lease with Maricopa Manor Business Center, LLC for 990 square feet of office space for the purpose of relocating the Maricopa Domestic Water Improvement District’s offices. Discussion and Action. 

9.16 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Fire Chief Wade Brannon to approve a contract for the purchase of two (2), 2011, Pierce Fire Rescue Pumpers in an amount not to exceed $768,000 to be paid from the General Fund, Fire Support Services, Vehicles (10022528-67742). Discussion and Action. 

9.17 City Attorney. The City Council shall discuss and possibly take action on the reauthorization of Mr. Denis Fitzgibbons for the fiscal year 2011-2012, as the City of Maricopa City Attorney, as required by ARS §9-237 and ARS §9-271. Discussion and Action. 

10.0 Executive Session 

10.1 The Maricopa City Council may go into executive session for purpose of obtaining legal advice from the City’s Attorney on any of the above agenda items pursuant to A.R.S. § 38-431.03 (A)(3). 

10.2 The Maricopa City Council may go into executive session for purpose of obtaining legal advice from the City’s attorney and to consider its position and instruct representatives regarding negotiations for the purchase, sale or lease of real property pursuant to A.R.S. § 38-431.03 (A)(3) and (A)(7). 

10.3 The Maricopa City Council may go into executive session for the purpose of discussion or consultation with the City’s attorney to consider its options and instruct representatives regarding the Ak-Chin Indian Community’s Fee-to-Trust Applications with the Federal Government which includes properties within and near the City of Maricopa pursuant to A.R.S. §38-431.03 (A)(3). 

10.4 The Maricopa City Council may go into executive session for the purpose of obtaining legal advice and discussion or consultation with the City Attorney to consider its position and instruct its attorney regarding the public body’s position regarding an annexation and possibly entering into a Pre-annexation and Development Agreement with one or more landowners in the annexation area and the potential terms thereof to facilitate such annexation, pursuant to A.R.S. §38-431.03(A)(3) and (A)(4). 

10.5 The Maricopa City Council may go into executive session for purpose of discussion or consultation with the City Attorney to consider its position and instruct its attorney regarding the public body’s position regarding entering into a development agreement with Eagle Shadow, LLC, et al and the potential terms thereof for the North Santa Cruz Wash improvements, pursuant to A.R.S. §38-431.03(A)(4). 

11.0 Adjournment

Note: This meeting is open to the public. All interested persons are welcome to attend. Supporting documents and staff reports, which were furnished to the Council with this Agenda, are available for review.