City Council Meeting
Regular MeetingApache Junction, AZ · August 18, 2020
Minutes
Meeting location:
City of Apache Junction, Arizona
City Council Chambers
at City Hall
Meeting Minutes 300 E. Superstition Blvd
Apache Junction, AZ
City Council Meeting 85119
www.ajcity.net
Ph: (480) 982-8002
Tuesday, August 18, 2020 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Serdy called the council meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Wilson gave the invocation and Councilmember Rizzi led the meeting attendees in
the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Serdy
Vice Mayor Wilson
Councilmember Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Schroeder
Councilmember Struble
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Al Bravo, Public Information Officer
Troy Mullender, Police Department Commander
Larry Kirch, Development Services Director
E'lan Vallender, Economic Development Specialist
Jill Bright, Deputy City Clerk (remotely)
D. CONSENT AGENDA
Councilmember Barker moved, seconded by Councilmember Rizzi that the agenda be accepted
as presented, the minutes of the regular meetings of August 4th be approved, the extinguishment
of the Federally Patent Easement for the North half of the 33 foot easement located at 15th
Avenue from Old West Highway to Wickiup Road be approved and the vacation of the dedicated
Right-of-Way on the South half of the 33 foot Right-of-Way, located at 15th Avenue from Old West
Highway to Wickiup Road, be approved.
1. 20-379 Consideration of acceptance of agenda.
2. 20-380 Consideration of approval of minutes of the regular meeting of August 4, 2020.
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3. 20-358 Consideration of approval of the extinguishment of a Federally Patent
Easement for the North half of the 33 foot easement, located at 15th Avenue
from Old West Highway to Wickiup Road, for the purpose of consolidating
parcels for the development of the Apache Junction Office Warehouse.
4. 20-359 Consideration of approval of the vacation of the dedicated Right-of-Way on the
South half of the 33 foot Right-of-Way, located at 15th Avenue from Old West
Highway to Wickiup Road, for the purpose of consolidating parcels for the
development of the Apache Junction Office Warehouse.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. ANNOUNCEMENT OF CURRENT EVENTS
5. 20-381 Announcement of current events from mayor and councilmembers.
Councilmember Struble reminded the community that non profits are always looking for
volunteers.
Councilmember Evans has nothing.
Vice Mayor Wilson reminded the community that Robin and himself are now running for mayor
in the November election and if anyone sees their signs down to please give them a call and not
to remove the signs themselves.
Councilmember Barker stated that she is also fighting to keep her signs up due to mother
nature and folks taking them down.
Councilmember Schroeder has nothing.
Councilmember Rizzi presented a donation of $5,000.00 to the Apache Junction DARE program
from the Apache Junction Drug Coalition.
Mayor Serdy has nothing.
G. CITY MANAGER'S REPORT
6. 20-382 City Manager's Report.
City Manager Bryant Powell thanked the Apache Junction Drug Coalition for the donation as the
police department receives so many calls that deal with substance abuse issues.
Mr. Powell stated how proud he is to see our two candidates running for mayor work together.
Mr. Powell explained that at this time last year 66 single family home permits were pulled and as
of now in 2020 we are at 100 permits which is a significant increase and great news.
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H. PUBLIC HEARINGS
7. 20-362 Presentation, discussion, public hearing and consideration of Resolution
20-27 renewing the Old West Highway Redevelopment Area.
Councilmember Barker moved, seconded by Vice Mayor Wilson that Resolution No. 20-27, a
resolution of the Mayor and City Council of the City of Apache Junction, Arizona, renewing the
Old West Highway Redevelopment Area be approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Economic Development Specialist E'lan Vallender reminded council what the Old West
Highway Redevelopment Area is and that it must be renewed at this time.
Councilmember Barker asked what has changed since 2018 when it was renewed last. Mr.
Vallender replied that commercial and residential redevelopment, median improvements and
sidewalk installation has been completed.
Mayor Serdy opened the public hearing.
George Schroeder, 2444 W. Virginia Street, wants to know who is now applying for grants and
wants to know when the streets in his neighborhood are going to be done.
Mayor Serdy closed the public hearing.
8. 20-396 Presentation, discussion, public hearing and consideration of Resolution No.
20-24 declaring as a public record that certain document filed with the city
clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I,
Chapter 11: Noise".
Councilmember Barker moved, seconded by Vice Mayor Wilson that Resolution No. 20-24
declaring as a public record that certain document filed with the city clerk entitled "2020
Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise" be approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
Mayor Serdy stated that items 8, 9 and 10 would be combined with one public hearing but that
each item would need its own motion and vote.
City Attorney Joel Stern explained the amendments that he made as directed by council at the
night prior's work session.
Mayor Serdy opened the public hearing for all three items.
Dirk Begeman, 1522 E 22nd Avenue, questioned a clause regarding sound limits between his
property and the neighbor's property.
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City Council Meeting Meeting Minutes August 18, 2020
Jeff Barlett, 108 N. Meridian Drive, feels that this should be a civil matter and we should support
officer discretion.
Mehmood Mohiuddin, 2304 N. Cortez Road, is in disagreement with the commercial and
residential decibel levels. He believes this still jeopardizes businesses.
George Schroeder, 2444 W. Virginia Street, says his neighbor has complained about his music
and his tv.
Darryl Cross, 1018 N. Acacia Road, thanked the council for their hard work they put into this
ordinance. He reminded council that we are our own unique city and should not be compared to
others.
Mayor Serdy closed the public hearing.
Councilmember Rizzi thanked the public who come and speak during the public hearings as it
helps council with their decisions.
Mayor Serdy stated that this noise ordinance is more lenient then other cities and towns.
Vice Mayor Wilson gave general information related to noises and what decibel they are at.
Mayor Serdy confirmed with City Manager Bryant Powell that this noise ordinance is only
complaint driven.
9. 20-397 Presentation, discussion, public hearing and consideration of Ordinance No.
1492 amending Apache Junction City Code, Volume I, by adding new Chapter
11: Noise, and adopting by reference that certain document filed with the city
clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I,
Chapter 11: Noise"; providing for severability; providing for penalties; and
repealing any conflicting provisions.
Councilmember Barker moved, seconded by Councilmember Rizzi that Ordinance No. 1492 be
read by title only.
City Clerk Jennifer Pena read Ordinance No. 1492 by title only.
Councilmember Barker moved, seconded by Councilmember Rizzi that Ordinance No. 1492, an
ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending
Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by
reference that certain document filed with the city clerk entitled "2020 Amendments to the
Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for
penalties; repealing any conflicting provisions; be approved with the following amendments:
replace the word "further" with the word "additional" on page 5.
Yes: 6- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Rizzi, Councilmember Schroeder and Councilmember Struble
No: 1- Councilmember Evans
10. 20-406 Presentation, discussion, public hearing and consideration of Ordinance
No.1493 amending Apache Junction City Code, Volume I, Chapter 10:
Offense, Article 10-1: Offenses; General, by repealing and replacing in its
entirety section 10-1-12, Noise, subsection (A); providing for severability;
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City Council Meeting Meeting Minutes August 18, 2020
providing for penalties; and repealing any conflicting provisions.
Councilmember Barker moved, seconded by Vice Mayor Wilson that Ordinance No. 1493 be read
by title only.
City Clerk Jennifer Pena read Ordinance No. 1493 by title only.
Councilmember Barker moved, seconded by Councilmember Evans that Ordinance No. 1493, an
ordinance of the Mayor and City council of the City of Apache Junction, Arizona, amending
Apache Junction City Code, Volume I, Chapter 10: Offense, Article 10-1: Offenses; General, by
repealing and replacing in its entirety section 10-1-12, Noise, subsection (A); providing for
severability; providing for penalties; and repealing any conflicting provisions; be approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
I. OLD BUSINESS
J. NEW BUSINESS
11. 20-377 Consideration for approval of Resolution No. 20-29, a resolution of the Mayor
and City Council of the City of Apache Junction, Pinal and Maricopa Counties,
Arizona, declaring and adopting the results of the primary election held on
August 4, 2020.
Councilmember Evans moved, seconded by Councilmember Barker to approve Resolution No.
20-29 a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and
Maricopa Counties, Arizona, declaring and adopting the results of the primary election held on
August 4, 2020.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
City Clerk Jennifer Pena presented Resolution No. 20-29 to the council and shared voter
statistics for the August 4th, 2020 primary election.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
12. 20-383 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday,
August 31, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00
P.M. for Tuesday, September 1, 2020 in the city council conference room and
city council chambers located at 300 E. Superstition Boulevard, Apache
Junction, Arizona, respectively; and other meetings if necessary.
Councilmember Barker moved, seconded by Councilmember Evans that an Executive Session at
6:00 P.M. and Work Session at 7:00 P.M. for Monday, August 31, 2020 and an Executive Session at
6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, September 1, 2020 be held in the city
council conference room and city council chambers located at 300 E. Superstition Boulevard,
Apache Junction, Arizona, respectively; and other meetings if necessary.
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Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
No: 0
M. CALL TO PUBLIC
CJ Handley,1615 N. Apache Trail, stated that a duplex on his Filly's Restaurant property recently
burnt down on June 22nd. The duplex was in an easement and he would like council to let them
extinguish the easement so they can rebuild the duplex.
Mike Parr, 1024 S. Cedar Street, is proposing to have a giant 50' x 80' flag put up in Flatiron
Park. He said it will be donated by the people and could be a great attraction with the silhouette
of Superstition Mountain in the back.
Councilmember Evans asked Mr. Powell to have public works look into the extinguishment of
the easement on Filly's property.
Mayor Serdy stated that hundreds of people have supported the proposal of a flag in Flatiron
Park and asked Mr. Powell to put this item on a direction to staff on a future council meeting for
further discussion.
N. ADJOURNMENT
Mayor Serdy adjourned the council meeting at 8:05 pm.
ACCEPTED THIS DAY OF , 2020, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF , 2020.
_________________________
JEFF SERDY
Mayor
ATTEST:
______________________
JENNIFER PEÑA
City Clerk
City of Apache Junction, Arizona Page 6
City Council Meeting Meeting Minutes August 18, 2020
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
meeting of the City Council of the City of Apache Junction, Arizona, held on the __________ day
of _____________________, 2020. I further certify that the meeting was duly called and held
and that a quorum was present.
Dated this day of , 2020.
________________________
JENNIFER PEÑA
City Clerk
City of Apache Junction, Arizona Page 7
Agenda
Meeting location:
City of Apache Junction, Arizona
City Council Chambers
at City Hall
Agenda 300 E. Superstition Blvd
Apache Junction, AZ
City Council Meeting 85119
www.ajcity.net
Ph: (480) 982-8002
Tuesday, August 18, 2020 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 20-379 Consideration of acceptance of agenda.
2. 20-380 Consideration of approval of minutes of the regular meeting of August
4, 2020.
3. 20-358 Consideration of approval of the extinguishment of a Federally Patent
Easement for the North half of the 33 foot easement, located at 15th
Avenue from Old West Highway to Wickiup Road, for the purpose of
consolidating parcels for the development of the Apache Junction
Office Warehouse.
4. 20-359 Consideration of approval of the vacation of the dedicated
Right-of-Way on the South half of the 33 foot Right-of-Way, located at
15th Avenue from Old West Highway to Wickiup Road, for the purpose
of consolidating parcels for the development of the Apache Junction
Office Warehouse.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards, presentations from other organizations, proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
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F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events.
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location.
5. 20-381 Announcement of current events from mayor and councilmembers.
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city. There
shall however be no discussion at this time except for clarification inquiries.
6. 20-382 City Manager's Report.
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak. All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five (5) minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the council.
7. 20-362 Presentation, discussion, public hearing and consideration of
Resolution 20-27 renewing the Old West Highway Redevelopment
Area.
8. 20-396 Presentation, discussion, public hearing and consideration of
Resolution No. 20-24 declaring as a public record that certain
document filed with the city clerk entitled "2020 Amendments to the
Apache Junction City Code, Volume I, Chapter 11: Noise".
9. 20-397 Presentation, discussion, public hearing and consideration of
Ordinance No. 1492 amending Apache Junction City Code, Volume I,
by adding new Chapter 11: Noise, and adopting by reference that
certain document filed with the city clerk entitled "2020 Amendments to
the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for
severability; providing for penalties; and repealing any conflicting
provisions.
10. 20-406 Presentation, discussion, public hearing and consideration of
Ordinance No.1493 amending Apache Junction City Code, Volume I,
Chapter 10: Offense, Article 10-1: Offenses; General, by repealing and
replacing in its entirety section 10-1-12, Noise, subsection (A);
providing for severability; providing for penalties; and repealing any
conflicting provisions.
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still unfinished
to include those items previously postponed or tabled. No member of the public shall be permitted to
speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
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J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
11. 20-377 Consideration for approval of Resolution No. 20-29, a resolution of the
Mayor and City Council of the City of Apache Junction, Pinal and
Maricopa Counties, Arizona, declaring and adopting the results of the
primary election held on August 4, 2020.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
12. 20-383 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for
Monday, August 31, 2020. Executive Session at 6:00 P.M. and Work
Session at 7:00 P.M. for Tuesday, September 1, 2020 in the city
council conference room and city council chambers located at 300 E.
Superstition Boulevard, Apache Junction, Arizona, respectively; and
other meetings if necessary.
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications, comments
or suggestions relating to city business. All speakers must have already submitted a written “Request to
Speak” form to the city clerk no later than the conclusion of the city manager’s report portion of the
agenda. If there is a group speaking on the same item, they should select a spokesperson. All such
remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is
authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone
becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not
within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to
act. The council may not answer questions of the speaker, discuss the matter with one another, but may,
at the conclusion: 1) respond to criticism by a speaker; 2) ask the city manager to review a matter; 3)
ask the city manager to place the matter on a future agenda. Each speaker must approach the podium,
speak into the microphone, provide their name and address. There is a three (3) minute time limit per
speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617
or TDD (480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3); this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
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