Verizon tower back on council agenda

One fake, two real.

Maricopa City Council will again hear a request from Scottsdale-based Shaw and Associates on behalf of Verizon Wireless at its regular meeting Tuesday for a conditional use permit to build a cell tower near the northeast corner of the Cobblestone Farms subdivision.

Addressing concerns of some Cobblestone residents in July that a 65-foot tower would be unsightly and obstruct mountain views, Rick Shaw of Shaw and Associates returned to the Aug. 16 council meeting with a new proposal from Verizon to build a 54-foot tower disguised as a palm tree with two 40-foot real palm trees in front of it to obscure the view of the fake tree.

Shaw showed pictures to council of a “monopalm” tower surrounded by two real trees in Scottsdale Ranch and other locations in the Valley.

Despite Shaw’s detailed presentation and comments from several Cobblestone residents opposed to the tower that lasted more than two hours, council passed on taking a vote last month. Councilmember Carl Diedrich cited a lack of information from both sides, while Mayor Anthony Smith pointed out that Councilmembers Marvin Brown and Marquisha Griffin were not present and the issue needed to be voted on by a full council.

The property where Verizon wants to build a tower, called the AZ5 Lake Park in its proposal, is owned by local farmer Troy Skousen. It is adjacent to the Gila River Indian Community and a plot owned by the state, both of which said no to the tower when asked by Verizon.

Council also will discuss and possibly take action on a second request by Shaw and Associates on behalf of Verizon Wireless for approval of a second CUP for a tower on city-owned property in Rancho Paloma about one half mile east of John Wayne Parkway and a quarter mile south of Bowlin Road.

The property is presently zoned as a planned area development for single- and multiple-family residences and business.

Also back on council’s agenda is an agreement between the city and the Maricopa Unified School District to allow public use of middle school playing fields during nonschool hours. Council tabled voting on the intergovernmental agreement, which has already been approved by the school district, at its Aug 16 meeting.

If approved, the agreement would open Maricopa Wells Middle School and Desert Winds Middle School sports fields to public use. The schools have facilities for football, soccer, baseball and softball.

In exchange, the city would maintain the fields to a “proper and safe standard that meets or exceeds current MUSD standards.” An agreement of this sort has been in the works since March 2010 but was rejected in December.

Another agenda item is a contract with Pinal County for animal control and kenneling services within the city limits.The agreement expires June 30, 2012, and the city wants to explore options beyond the current fiscal year for animal control services and seek guidance from the council.

Maricopa City Council Work Session
Tuesday, September 20, 2011 at 6:00 pm
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 August 16, 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 by Intergovernmental Manager Paul Jepson on the City of Maricopa’s Take Home Vehicle Program and allow staff to receive feedback from Council on possible modifications to the Take Home Vehicle Program and/or related policies.
 3.4 The Mayor and City Council shall hear a presentation by Assistant City Manager Kolman regarding available funding for the City Hall project, and other capital projects.
3.5 The Mayor and City Council shall hear a presentation by Senior Code Enforcement Office Duncan and Assistant City Manager Kolman regarding City Animal Control Services.

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 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).

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).

5.0 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.

Maricopa City Council Regular Meeting
Tuesday, September 20, 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 August 16, 2011 City of Maricopa City Council Work Session Meeting

Work Session Minutes

6.2 Approval of Minutes from the August 16, 2011 City of Maricopa City Council Regular Meeting.

Regular Meeting Minutes

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 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 provide consent to submit a grant application to the U.S. Department of Transportation for the Transportation Investments Generating Economic Recovery (TIGERIII) in an amount not to exceed $3,600,000. Consent to submit an application includes completion of all necessary paperwork for the application process and designates the City Manager to sign all documents. Discussion and Action.

8.2 Grant Acceptance. The Mayor and City Council shall discuss and possibly take action on a request by Grants Manager Mary Witkofski to accept the grant award for Section 5311, Rural Transportation Program, and enter into a grant agreement with the Arizona Department of Transportation. Discussion and Action.

8.3 Special Event Liquor License. The Mayor and City Council shall discuss and possibly take action on recommending approval to the Arizona Department of Liquor License and Control for a Special Event Liquor License application submitted by the Maricopa Chamber of Commerce for an event known as Stagecoach Days to be held on Saturday, October 22, 2011 at Pacana Park located at 19000 N. Porter Road. Discussion and Action.

8.4 Special Event Liquor License. The Mayor and City Council shall discuss and possibly take action on recommending approval to the Arizona Department of Liquor License and Control for a Special Event Liquor License application submitted by the Maricopa Rotary Club for an event known as Stagecoach Days Street Dance to be held on Friday, October 21, 2011 at Pacana Park located at 19000 N. Porter Road. Discussion and Action.

8.5 Development Fee Report. The Mayor and City Council shall consider and may possibly take action on the Annual Development Fee Report submitted by Assistant City Manager Kolman in accordance with A.R.S. §9-463.05 and MCC 17-12. 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 Youth Council Nominations. The Mayor and City Council shall discuss and possibly take action on approving a request by Youth Coordinator Rocky Brown to appoint members to the Maricopa Youth Council. Staff recommends that all eligible applicants who applied be appointed to the Council. Discussion and Action.

9.2 Planning and Zoning Commission. The Mayor and City Council shall discuss and possibly take action on appointing one (1) citizen to fill a vacancy on the Planning and Zoning Commission. Discussion and Action.

9.3 PRL Committee. The Mayor and City Council shall discuss and possibly take action on appointing one (1) citizen to fill a vacancy on the Parks, Recreation and Libraries (PRL) Committee. Discussion and Action.

9.4 CUP11-01. The Mayor and City Council shall discuss and possibly take action on approving a request by Shaw and Associates on behalf of Verizon Wireless who is requesting approval of a Conditional Use Permit (CUP) for a proposed 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.

9.5 CUP11-02. The Mayor and City Council shall discuss and possibly take action on approving a request by Shaw and Associates on behalf of Verizon Wireless who is requesting approval of a Conditional Use Permit (CUP) for a proposed cellular tower. The proposed tower will be installed within the city-owned property parcel#510-12-014C in Rancho Paloma, PAD. The site is generally located ½ mile east of John Wayne Pkwy and ¼ mile south of Bowlin Rd 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.

9.6 Approval of Agreement. The Mayor and City Council shall discuss and possibly take action on a request by Assistant City Manager Roger 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.

9.7 Resolution 11-56. A Resolution of the Mayor and City Council of the City of Maricopa, Arizona declaring as a public record that certain document filed with the City Clerk and entitled "The 2011 Amendments to the Tax Code of the City of Maricopa." Discussion and Action.

9.8 Ordinance 11-10. An Ordinance of the Mayor and City Council of the City of Maricopa, Arizona relating to the privilege license tax; adopting "The 2011 Amendments to the Tax Code of the City of Maricopa" by reference; establishing an effective date; providing for severability and providing penalties for violations. Discussion and Action.

9.9 Budgetary Transfer. The Mayor and City Council shall consider and may take action on a 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 to assessed by the Arizona Department of Water Resources in accordance with Senate Bill 1624 which enacted A.R.S. §45-118. Discussion and Action.

9.10 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Assistant City Manager Kolman to contract with TischlerBise & Associates in the amount of $13,500 to update the City’s Development Impact Fee Study and Infrastructure Improvements Plan in accordance with changes mandated by Senate Bill 1525 and to transfer budgetary authority in the amount of $13,500 from General Fund Contingency (10010000 99000) to General Fund Financial Services (10011313-53320) to fund such services. Discussion and Action.

9.11 Ordinance 11-11. An Ordinance of the Mayor and City Council of the City of Maricopa, Arizona amending section 3-264 of the Maricopa City Code and providing for severability and the effective date thereof. Discussion and Action.

9.12 Intergovernmental Agreement. The Mayor and City Council shall discuss and possibly take action on a request by Intergovernmental Manager to approve a Playing Fields Intergovernmental Agreement (IGA) between the City of Maricopa and Maricopa Unified School District for the purpose of allowing public use of middle school playing fields during non-school hours. Discussion and Action.

9.13 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Transportation Manager Chris Salas to approve four Awards of Contract for on-call geotechnical services, each for an amount not to exceed $200,000.00, to AMEC Earth and Environmental, Inc., Western Technologies, Inc., Terracon Consultants, Inc., and Ninyo & Moore, for multiple future projects, both known and to be determined. Based on the various projects that will require these services, funding sources and specific line items will be addressed on a case-by-case basis. Staff’s intent is to award a one-year contract (FY 2011/2012) with the option to extend for up to an additional two years. These Awards of Contract are in compliance with City of Maricopa, Purchasing Code, Article IV, Section 3-215 "Bidding Procedures." Discussion and Action.

9.14 Report Adoption. The Mayor and City Council shall discuss and possibly take action on a request by Development Services Director Brent Billingsley to approve the White & Parker Road/Maricopa-Casa Grande Highway Grade Separation Major Investment Study’s final report, and for direction on whether to proceed with National Environmental Policy Act (NEPA) clearance. Discussion and Action.

9.15 Approval of Contract. The Mayor and City Council shall discuss and possibly take action to award a contract to MV Transportation, Inc. in the amount not to exceed $75,175.33 for the operations of the COMET Demand Response program. The contract will be funded from line items: $32,787.22 Grants Fund, Transportation-Technical (22044146-53340-12402) and $23,571.78 Local Transportation Assistance Fund, Transportation Technical (21044146-53340-12402) for fiscal year 2011-2012. The remaining amount of $10,929.07 Grants Fund, Transportation-Technical (22044146-53340-12402) and $7,857.26 Local Transportation Assistance Fund, Transportation Technical (21044146-53340-12402) will be requested in the fiscal budget of 2012-2013. Discussion and Action.

9.16 Award of Contract. The Mayor and City Council shall discuss and possibly take action on a request by City Manager Brenda Fischer to award a Professional Services Contract to Citygate Associates, LLC to conduct a focused and limited management review (audit) of the Maricopa Police Department and to transfer $42,000 from General Fund Contingency (10010000-99000) to City Manager Professional Services (10011115-53320) to fund the project. Discussion and Action.

9.17 Presentation. The Mayor and City Council shall hear a presentation by Police Chief Patrick Melvin regarding collaborative community policing efforts with the goal of crime prevention and crime solving and increasing the perception of safety in our community. Discussion.

9.18 Intergovernmental Agreement.  The Mayor and City Council shall discuss and possibly take action on a request by Police Chief Patrick Melvin to approve the Fourth Amendment to the Intergovernmental Agreement (IGA) between the City of Maricopa and Pinal County for the purpose of extending the current Agreement for law enforcement radio communications dispatch services for the City of Maricopa Police Department and to transfer budgetary authority in the amount of $189,220 from General Fund Contingency (10010000-99000) to General Fund Police Support (10022124-53340) to provide additional funding for the IGA during the current fiscal year. Discussion and Action.

9.19 Approval of Contract. The Mayor and City Council shall discuss and possibly take action on a request by Police Chief Patrick Melvin to approve contract with Universal Police Supply in an amount not to exceed $46,650 to be paid from the General Fund, Police Uniform, Uniforms (10022122-55650) for the option to purchase police department uniforms. This Award of Contract is in compliance with City of Maricopa, Purchasing Code, Article IV, Section 3-215 "Bidding Procedures." Discussion and Action.

***ADVERTISEMENT***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 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).

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.