Cobblestone cell tower back on council agenda

Maricopa city staff has received a request from a member of the City Council to place the Verizon cellular tower conditional use permit on tomorrow night's agenda for reconsideration.

This will be the fifth regular meeting the city council has been requested to take action on the tower.

The CUP is for the tower requested to be located near the Cobblestone development. Several homeowners in the subdivision have protested construction of the tower.

The request was last heard on Oct. 4, where it was approved by the City Council by a 5-1 vote. It had been table at three previous meetings.

Mayor Anthony Smith was the opposing vote at the Oct 4. 

However, it is unlikely Smith made the request to place the tower back on the agenda. According to city code, any councilmember who voted with the prevailing side may move that the council reconsider any council decision or action at the same or next meeting. 

Also on Oct. 4, council approved a CUP for a Verizon cell tower off Bowlin Road on what is called the Vekol site. The property is owned by the city and when the tower is built it will also be used by the city for police and fire communications.

Verizon has two existing towers in Maricopa. Rick Shaw with Shaw and Associates has said at council meetings that Verizon will need five towers in Maricopa to meet increased demand for wireless phone and Internet services.

Maricopa City Council Work Session

Tuesday, October 18, 2011 at 6:00 p.m.

Maricopa Unified School District Board Room

44150 W. Maricopa/Casa Grande Highway

Maricopa, AZ 85138

1.0 Call To Order

2.0 Roll Call

3.0 Agenda Items

3.1 The Mayor and City Council shall review items on the Regular City Council meeting agenda for October 18, 2011.

3.2 The Mayor and City Council shall hear reports on meeting and/or conferences attended by Council.

3.3 The Mayor and City Council shall hear a presentation from Firefighter Brad Pitassi on the City's Citizen Emergency Notification System.

3.4 The Mayor and City Council shall hear a quarterly update presentation by the Maricopa Economic Development Alliance.

3.5 The Mayor and City Council shall hear a presentation by Intergovernmental Manager Paul Jepson regarding Boards, Committees and Commission meeting start times.

The Mayor and City Council may discuss the following items that may be on a future Council

agenda

There are no future council agenda items for discussion scheduled.

4.0 Executive Session

4.1 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).

4.2 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).

4.3 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 Preannexation 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).

4.4 The Maricopa City Council may go into executive session for the purpose of discussion or consultation with the City's attorney to consider its position and instruct representatives regarding the pending claims and lawsuits filed against the City pursuant to A.R.S. § 38-431.03 (A)(3) and (4).

4.5 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 Memorandums of Understanding with FOP regarding the salaries, salary schedules, salary survey or compensation paid in the form of fringe benefits to certain employees of the Maricopa Police Department, pursuant to A.R.S. §38-431.03(A)(4) and (A)(5).

5.0 Adjournment

Note: This meeting is open to the public. All interested persons are welcome to attend. Supporting documents and staff reports, if any, are available for review on our website, www.maricopa-az.gov.

NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the City of Maricopa makes a video or voice recording of a minor child A.R.S. §1-602.A.9. Maricopa City Council Meetings are recorded and may be viewed on Channel 20 and the Maricopa website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid recording. Please submit your request to the City Clerk at (520) 316-6971.

Maricopa City Council Regular Meeting

Tuesday, October 18, 2011 at 7:00 pm

Maricopa Unified School District Board Room

44150 W. 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

3.1 Proclamation Proclaiming October 24-October 29, 2011 as Red Ribbon Week

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 October 4, 2011 City of Maricopa City Council Work Session Meeting

6.2 Approval of Minutes from the October 4, 2011 City of Maricopa City Council Regular Meeting

7.0 Public Hearings

7.1 There are no public hearings scheduled

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 Liquor License Application. The Mayor and City Council shall discuss and possibly take action on recommending approval to the Arizona Department of Liquor Licenses and Control on a request submitted by Theresa Morse on behalf of Chimi's, LLC DBA O'Shay's Pub & Grill located at 20800 N. John Wayne Parkway, Suite 101. Discussion and Action.

8.2 Consent to Apply for Grant. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to submit a grant application to the Federal Railroad Administration, Capital Grants for Rail Line Relocation and Improvement Projects in an amount not to exceed $2,940,000 for the relocation of the Amtrak Station. There is a 20% match requirement of $600,000 which is available in the General Fund, Transportation, Construction (10044146-77750).

Discussion and Action.

8.3 Consent to Apply for Grant. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski submit an application to the Governor’s Office for Children, Youth and Families, STOP Violence Against Women grant in an amount not to exceed $25,000 for a part-time Victims Assistance Program Coordinator. There is a 25% match required through cash and inkind support. The City of Maricopa Police Department will provide a financial match of $5,240 through the general fund, police administration, travel, IT equipment, printing and office supplies (10022121-55580, 67744, 55550 and 55610). An in-kind match will be provided in the amount of $1,046 for the time spent by a sergeant nroviding supervision. An additional partnership match may be provided through in-kind services through local nonprofit agencies, Against Abuse Inc. and Empact for DV Prevention.

Discussion and Action.

8.4 Surplus Property. The Mayor and City Council shall discuss and may take action on a request by Assistant City Manager Kolman to declare the modular living quarters and the detached metal garage building located at 40117 W. Bowlin Road and formerly used to house Fire Station 573, to be surplus property available for public action in accordance with A.R.S. §9-402. Discussion and Action.

8.5 Budgetary Transfer. The Mayor and City Council shall discuss and possibly take action on a request by Assistant City Manager Kolman to transfer budgetary authority in the total amount of $1,076,600 to fund various projects as follows: $300,000 from Grants Fund Engineering (22044145 67730) to General Fund Engineering (10044145 67730); $145,200 from County Road Tax Fund Transportation to Local Road Maintenance Fund Transportation (20544146 54430); $556,400 from Transportation Development Fee Fund Transportation (34644146 67750) to County Road Tax Fund Transportation (30044146 67750); and $75,000 from Grants Fund Police Uniformed Services (22022122 51100) to General Fund Police Uniformed Services (10022122 51100). Discussion and Action.

8.6 Approval of Agreement. The Mayor and City Council shall discuss and possibly take action on approving a request by Assistant City Manager Kolman to enter into an Option and Land Lease Agreement with Verizon Wireless, LLC for a cellular tower to be erected on City owned property generally located on the SW corner of SR 347 and Bowlin Road.

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 Animal Control Task Force. The Mayor and Council shall discuss and possibly take action on

forming a Council Task Force to study and make recommendations to the full Council regarding Animal Control Services. Discussion and Action.

9.2 Financial Status Report. The Mayor and City Council shall discuss and possibly take action on a request by Assistant City Manager Kolman to approve the Financial Status Report for the quarter ending June 30, 2011. Discussion and Action.

9.3 Renewal of Motion. The Mayor and City Council shall discuss and possibly take action on a renewal of motion of the September 20, 2011 denial of the request by Assistant City Manager Kolman to transfer budgetary authority in the amount of $54,170.68 from General Fund Contingency (10010000-99000) to General Fund City Manager (10011115 – 53320) to fund the payment of the fee assessed by the Arizona Department of Water Resources in accordance with Senate Bill 1624 which enacted A.R.S. §45-118. Discussion and Action.

9.4 Elected Official’s Retirement Plan. The Mayor and City Council shall discuss and possibly take action on a request by Human Resources Director Karen Shaffer to provide direction to staff on whether to move forward with ensuring requirements are met to become part of the Elected Officials Retirement Plan. Discussion and Action.

9.5 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Transportation Manager Chris Salas to approve a contract with Crafco, Inc. for purchase of rubber crack seal material to be used in upcoming crack sealing of city streets. This contract, in an amount not to exceed $90,000.00, will be funded from Local Road Maintenance Fund, Transportation, Repairs and Maintenance (20544146-54430), is based on Arizona Department of Transportation Contract Number T0721A0067, and is in compliance with City of Maricopa Purchasing Code, Article IV, Section 3-223,

“Cooperative Purchasing.” Discussion and Action.

 

9.6 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Transportation Manager Chris Salas to approve a contract with CPC Construction, Inc. to perform asphalt rubber crack sealing to streets throughout Maricopa, using materials purchased separately by the City. This contract, in an amount not to exceed $55,200.00, will be funded from Local Road Maintenance Fund, Transportation, Repairs and Maintenance (20544146-54430), is based on City of Chandler Cooperative Purchasing Agreement No. ST0-745-2801, and is in compliance with City of Maricopa Purchasing Code, Article IV, Section 3-223, “Cooperative Purchasing.” Discussion and Action.

9.7 Resolution 11-57. A Resolution of the Mayor and City Council of the City Of Maricopa, Arizona, allowing the expenditure of Transportation Development Impact Fee Funds in the amount of $432,787.61 to fund improvements on Bowlin Road between Porter Road and White & Parker Road.

Discussion and Action. (Item related to agenda item 9.10)

9.8 Resolution 11-58. A Resolution of the Mayor and City Council of the City Of Maricopa, Arizona, allowing the expenditure of General Government Development Impact Fee Funds in the amount of $563,380.12 to fund grading and drainage improvements and utility improvements related to the Santa Cruz site and the new City Complex. Discussion and Action. (Item related to agenda item 9.10)

9.9 Resolution 11-59. A Resolution of the Mayor and City Council of the City Of Maricopa, Arizona, allowing the expenditure of Public Safety Development Impact Fee Funds in the amount of $137,715.14 to fund grading and drainage improvements and utility improvements related to the Santa Cruz site and the new City Complex. Discussion and Action. (Item related to agenda item 9.10)

9.10 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Transportation Manager Chris Salas to approve an Award of Contract to Construction 70, Inc., for construction services related to the City Hall Complex site and related utilities and Bowlin Road. This contract, in a total amount not to exceed $1,690,238.84, is in compliance with City of Maricopa Purchasing Code, Article IV, Section 3-215 “Bidding Procedure,” and will be funded from the following sources:$556,355.97, from ½ Cent, Transportation, Street Projects – Capital (30044146-67750),

$563,380.12, from City Government DIF #1, City Manager, Improvements other than Buildings

(32311115-67730), $137,715.14, from Public Safety DIF #1, Police Administration, Improvements other than Buildings (32222121-67730), $432,787.61, from Transportation DIFF#2, Transportation, Street Projects – Capital (34644146-67750) (will be reimbursed by Central Arizona College). Discussion and Action.

9.11 Ordinance 11-13. An Ordinance of the Mayor and City of Maricopa, Arizona, amending Section 2-76 of the City Code of Maricopa to change the order of consideration and disposition of the business of Council. 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 Preannexation 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 the purpose of discussion or consultation with the City's attorney to consider its position and instruct representatives regarding the pending claims and lawsuits filed against the City pursuant to A.R.S. § 38-431.03 (A)(3) and (A)(4).

10. 6 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 Memorandums of Understanding with FOP regarding the salaries, salary schedules, salary survey or compensation paid in the form of fringe benefits to certain employees of the Maricopa Police Department, pursuant to A.R.S. §38-431.03(A)(4) and (A)(5).

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 on our website, www.maricopa-az.gov.

NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the City of

Maricopa makes a video or voice recording of a minor child A.R.S. §1-602.A.9. Maricopa City Council Meetings are recorded and may be viewed on Channel 20 and the Maricopa website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid recording. Please submit your request to the City Clerk at (520) 316-6971.