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City Council Meeting

Regular Meeting

Apache Junction, AZ · October 6, 2020

AgendaMinutes

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, October 6, 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 Evans 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 Liz Langenbach, Parks & Recreation Director Larry Kirch, Development Services Director Donna Scruggs, Code Compliance Officer Thomas Kelly, Chief of Police Arnold Freeman, Police Captain Jeffrey Kirkham, Police Lieutenant Kelsey Schattnik, Development Services Planner Pamela Harrison, Library Director Jill Bright, Deputy City Clerk D. CONSENT AGENDA Councilmember Barker moved, seconded by Vice Mayor Wilson to accept the consent agenda, to approve the minutes of September 15, 2020, to approve Resolution No. 20-34 and to approve the first amendment to janitorial services. 1. 20-476 Consideration of acceptance of agenda. City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes October 6, 2020 2. 20-475 Consideration of approval of minutes of the regular meeting of September 15, 2020. 3. 20-491 Consideration of approval of Resolution No. 20-34 a resolution authorizing the City of Apache Junction, Arizona, to enter into an agreement with the United States Department of the Interior, Bureau of Land Management, for preparatory rodeo grounds purchase costs. 4. 20-492 Consideration of approval of the first amendment to janitorial services between the city and JB Superior Maintenance Services, LLC for additional services for five Parks and Recreation facilities in the amount of $65,340 a year. 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 5. 20-481 Presentation of 40-year Service Award to Keith Bedwell of the Public Works Department. Keith Bedwell was unable to attend this meeting so this item will be scheduled at a future meeting. 6. 20-414 Presentation of proclamation designating the month of October 2020, as "Domestic Violence Awareness Month". Mayor Serdy proclaimed October 2020 as Domestic Violence Awareness Month and presented the proclamation to Sharon Stinard of Community Alliance Against Family Abuse (CAAFA). F. ANNOUNCEMENT OF CURRENT EVENTS 7. 20-477 Announcement of current events from mayor and councilmembers. Councilmember Struble shared that AJ Open Mic Night is this Friday night at Table of Grace Church. Project Showers is hosting showers this Sunday from 12pm - 2pm. The 4th Annual AJ Kids Idol is starting auditions at the end of October. Celebration of Veterans is November 11th at Hatfield Medical Group. Councilmember Evans shared that this Saturday is the 2nd Annual Make a Difference Day and explained the details of the day. Vice Mayor Wilson shared that the sewer district has stopped accepting horse manure because the EPA is stating that the manure can no longer be used for composting. Councilmember Barker has attended the MAG Regional Meeting, Economic Development and Domestic Violence Meetings via Zoom. Councilmember Schroeder has nothing. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes October 6, 2020 Councilmember Rizzi has nothing. Mayor Serdy shared that there has been a lot of vandalism to certain signs and says that our police department will be prosecuting those who are caught. G. CITY MANAGER'S REPORT 8. 20-478 City Manager's Report. City Manager Bryant Powell shared that Public Works is working on drainage projects in the Apache Trail median. 9. 20-367 Presentation of Accreditation of the Arizona Law Enforcement Accreditation Program (ALEAP) designed to ensure compliance with established standards and a clear statement of professional objectives, which represent current state and national best practices for the safe, effective and non-discriminatory delivery of law enforcement services in the State of Arizona. Chief Kelly stated that this accreditation was a long and hard process. Mr. Kelly introduced Kevin Ray and Peter Winger of the Arizona Law Enforcement Accreditation Program. Mr. Winger presented the history and the process on this program and presented the certificate of accreditation to the Apache Junction Police Department from the Arizona Law Enforcement Accreditation Program. Mr. Ray stated that it was an honor to work the City of Apache Junction Police Department and that council should be extremely proud of them. Chief Kelly shared that Lieutenant Kirkham was challenged with updating their policies and working on the accreditation with the City Attorney and City Manager's Office. He thanked the council and the community for supporting the police department. H. PUBLIC HEARINGS 10. 20-494 Presentation, discussion, public hearing and consideration of Ordinance No. 1496, case PZ-6-20, a request by ME Investment Group, Inc. represented by Reese Anderson and Jon Gillespie of Pew & Lake, PLC, of a proposed planned development major amendment of a .28 acre property currently zoned B-1/PD (General Commercial/Planned Development) to expand the palette of uses on the property located south of the southeast corner of Broadway Avenue and Meridian Drive. Councilmember Barker moved, seconded by Councilmember Rizzi that Ordinance No. 1496 be read by title only and the reading of the entire ordinance be waived. City Clerk Jennifer Pena read Ordinance No. 1496 by title only. Councilmember Barker moved, seconded by Councilmember Evans that Ordinance No. 1496, as read by the city clerk, be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes October 6, 2020 Development Services Planner, Kelsey Schattnik, presented that the current zoning is B-1/PD and the owner is requesting an amendment to be allowed expanded usage on the property. Ms. Schattnik gave a brief history on the property. Mailing notices were sent out as well as public hearing notices to the surrounding property neighbors. The applicant's representative, Reese Anderson, stated that the owner is requesting the commercial usage to be expanded to fair usage. Mr. Anderson stated that the owner has been approached by someone who was interested in using the property as a used car lot but could not because of the zoning. Mayor Serdy opened the public hearing. George Schroeder, 244 W. Virginia Street, stated that the city already has enough used car lots and the city needs more diversity. Jeff Barlett, 108 N. Meridian Drive, stated that someone is trying to run a business and we should allow the property owner to do what they want on it. Mayor Serdy closed the public hearing. I. OLD BUSINESS 11. 20-493 Report on research conducted regarding the proposed United States Flag at Flatiron Community Park. Parks & Recreation Director, Liz Langenbach, reported that the initial cost will be between $80,000.00 and $110,000.00 for the project, depending on the flag pole size. The initial project costs consist of the flag, flag pole, structural engineered plans, site prep, installation and lighting. Maintenance costs would consist of about $30,000.00 a year with flags being replaced about 3 times per year. Ms. Langenbach explained lighting and location options and discussed other considerations such as liability, funding, best practices and the commitment for future maintenance. Mayor Serdy stated that the flag should not have to be replaced every 3 months. Ms. Langenbach responded that all the companies they reached out to that fly flags that large stated that they do replace their flags every 3 months. Councilmember Rizzi asked how much it costs to repair flags. Ms. Langenbach stated about $1,500.00 per flag. Mayor Serdy stated that some councilmembers met with contractors at the VFW and they would like to incorporate ADA accommodations. Mayor Serdy asked that the contractors compare notes with Ms. Langenbach. Council discussed concerns related to the flag. Mayor Serdy thanked Ms. Langenbach and stated that council will bring this back on a future agenda for further direction to staff. J. NEW BUSINESS City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes October 6, 2020 12. 20-473 Consideration of annual appointments to Board of Adjustment, Library Board, Parks and Recreation Commission, Planning and Zoning Commission and Public Safety Personnel Retirement System Board. Council interviewed applicants for these positions at the October 5th work session and may take this opportunity to fill the positions. PLANNING AND ZONING COMMISSION Councilmember Wilson moved, seconded by Councilmember Rizzi that Darryl Cross be appointed to the planning and zoning Commission for a term to expire on October 31, 2023. Motion passed 6-1 Councilmember Barker moved, seconded by Councilmember Evans that Jesse Gage be appointed to the planning and zoning Commission for a term to expire on October 31, 2023. Motion passed 5-2 Councilmember Struble moved, seconded by Councilmember Rizzi that Peter Heck be appointed to the planning and zoning Commission for a term to expire on October 31, 2023. Motion passed 7-0 Councilmember Evans moved, seconded by Councilmember Barker that Frank Schoenbek be appointed to the planning and zoning Commission for a term to expire on October 31, 2021. (fulfilling a vacant position due to Ms. Nesser’s resignation) Motion failed 3-4 Councilmember Rizzi moved, seconded by Councilmember Schroeder that Dirk Begeman be appointed to the planning and zoning Commission for a term to expire on October 31, 2021. (fulfilling a vacant position due to Ms. Nesser’s resignation) Motion passed 4-3 BOARD OF ADJUSTMENT Councilmember Rizzi moved, seconded by Vice Mayor Wilson that Joe Durbala be appointed to the board of adjustment for a term to expire on October 31, 2023. Motion passed 7-0 Councilmember Evans moved, seconded by Vice Mayor Wilson that Sean O'Hara be appointed to the board of adjustment for a term to expire on October 31, 2023. Motion passed 7-0 Councilmember Evans moved, seconded by Vice Mayor Wilson that Luciano Buzzin be appointed to the board of adjustment for a term to expire on October 31, 2023. Motion passed 6-1 Councilmember Schroeder moved, seconded by Mayor Serdy that Caitlyn Knox be appointed to the board of adjustment for a term to expire on October 31, 2021 (fulfilling a vacant position due City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes October 6, 2020 to Jesse Gage being appointed to Planning & Zoning Commission). Motion passed 4-3 Councilmember Struble moved, seconded by Councilmember Evans that Carl Osaki be appointed to the board of adjustment for a term to expire on October 31, 2022 (fulfilling a vacant position due to Dirk Begeman being appointed to Planning & Zoning Commission). Motion passed 6-1 LIBRARY BOARD Councilmember Barker moved, seconded by Councilmember Rizzi that Pam Krause be appointed to the library board for a term to expire on October 31, 2023. Motion passed 7-0 Councilmember Evans moved, seconded by Councilmember Barker that Vivian Rajski be appointed to the library board for a term to expire on October 31, 2023. Motion passed 6-1 Councilmember Rizzi moved, seconded by Councilmember Struble that Jeff Barlett be appointed to the library board for a term to expire on October 31, 2022. (fulfilling a vacant position due to Mr. Jackson passing) Motion passed 5-2 Councilmember Barker moved, seconded by Vice Mayor Wilson that Lori Wine be appointed to the library board for a term to expire on October 31, 2022. (fulfilling a vacant position due to Mr. Howard passing) Motion passed 7-0 PARKS AND RECREATION COMMISSION Vice Mayor Wilson moved that Jesse Gage be appointed to the parks and recreation commission for a term to expire October 31, 2023. Motion failed due to there being no second to the motion. Councilmember Schroeder moved, seconded by Councilmember Rizzi that Diele Kyhn be appointed to the parks and recreation commission for a term to expire October 31, 2023. Motion passed 7-0 Vice Mayor Wilson moved, seconded by Councilmember Evans that Judy Bory be appointed to the parks and recreation commission for a term to expire October 31, 2023. Motion passed 7-0 PUBLIC SAFETY PERSONNEL RETIREMENT BOARD Councilmember Barker moved, seconded by Councilmember Schroeder that Jamie Lanza be appointed to the public safety personnel retirement board for a term to expire on October 31, City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes October 6, 2020 2022. (fulfilling a vacant position due to Mr. Rauschenbach’s resignation) Motion passed 7-0 Councilmember Evans moved, seconded by Councilmember Rizzi that CE Beal be appointed to the public safety personnel retirement board for a term to expire on October 31, 2024. Motion passed 7-0 Mayor Serdy stated he would begin the appointment process with Planning and Zoning Commission, then Board of Adjustment, Library Board, Parks & Recreation Commission and lastly Public Safety Personnel Retirement System Board. 13. 20-487 Presentation, discussion and consideration of approval of Resolution No. 20-35 approving the submittal of a Proposition 202 Emergency Police Communication Equipment grant application to the Gila River Indian Community. Vice Mayor Wilson moved, seconded by Councilmember Rizzi that Resolution No. 20-35 a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, approving the submittal of Proposition 202 an Emergency Police Communication Equipment grant application to the Gila River Indian Community, be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Police Chief Thomas Kelly shared that this grant must be approved via a Resolution for Gila River Indian Community to release the funds. K. COUNCIL DIRECTION TO STAFF 14. 20-488 Presentation, update and possible additional direction to staff on the application for the nomination of the City of Apache Junction as an International Dark Sky Community. Councilmember Barker moved, seconded by Vice Mayor Wilson that direction be given to staff to form a committee to see if people are interested and then to do a light inventory. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Development Services Planner Kelsey Schattnik explained what an International Dark Sky Community is. Ms. Schattnik shared what zoning ordinance changes would need to be made in order to meet the requirements. She showed pictures of lighting from Fountain Hills whom is currently a Dark Sky Community. The next steps in the application process would be for a dark sky task force to be created to assist in the application, update the zoning ordinance, perform a light inventory of all city owned lighting and host 2 city outreach events. Councilmember Rizzi mentioned her concerns regarding break ins and code compliance City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes October 6, 2020 cases. Development Services Director Larry Kirch stated that you can over light and shield lights and that a huge part of this would be educating the community. Mr. Kirch confirmed that all commercial structures built in the city within the last 15 years are dark sky community approved. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 20-479 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, October 19 and Tuesday October 20, 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. 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, October 19, 2020 and that an Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, October 20, 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. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia Street in Apache Junction, stated that there needs to be more communication on events. He doesn't know if the annexation is a done deal but the city will see no benefit from it. He is glad all of the board appointments were done. He has been requested to be on them but he does not have the time. N. ADJOURNMENT Mayor Serdy adjourned the council meeting at 9:30 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 8 City Council Meeting Meeting Minutes October 6, 2020 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 __________ 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 9

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, October 6, 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. 20-476 Consideration of acceptance of agenda. 2. 20-475 Consideration of approval of minutes of the regular meeting of September 15, 2020. 3. 20-491 Consideration of approval of Resolution No. 20-34 a resolution authorizing the City of Apache Junction, Arizona, to enter into an agreement with the United States Department of the Interior, Bureau of Land Management, for preparatory rodeo grounds purchase costs. 4. 20-492 Consideration of approval of the first amendment to janitorial services between the city and JB Superior Maintenance Services, LLC for additional services for five Parks and Recreation facilities in the amount of $65,340 a year. 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. 5. 20-481 Presentation of 40-year Service Award to Keith Bedwell of the Public Works Department. 6. 20-414 Presentation of proclamation designating the month of October 2020, as "Domestic Violence Awareness Month". City of Apache Junction, Arizona Page 1 Printed on 9/30/2020 City Council Meeting Agenda October 6, 2020 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. 7. 20-477 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. 8. 20-478 City Manager's Report. 9. 20-367 Presentation of Accreditation of the Arizona Law Enforcement Accreditation Program (ALEAP) designed to ensure compliance with established standards and a clear statement of professional objectives, which represent current state and national best practices for the safe, effective and non-discriminatory delivery of law enforcement services in the State of Arizona. 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. 10. 20-494 Presentation, discussion, public hearing and consideration of Ordinance No. 1496, case PZ-6-20, a request by ME Investment Group, Inc. represented by Reese Anderson and Jon Gillespie of Pew & Lake, PLC, of a proposed planned development major amendment of a .28 acre property currently zoned B-1/PD (General Commercial/Planned Development) to expand the palette of uses on the property located south of the southeast corner of Broadway Avenue and Meridian Drive. 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. 11. 20-493 Report on research conducted regarding the proposed United States Flag at Flatiron Community Park. 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. City of Apache Junction, Arizona Page 2 Printed on 9/30/2020 City Council Meeting Agenda October 6, 2020 12. 20-473 Consideration of annual appointments to Board of Adjustment, Library Board, Parks and Recreation Commission, Planning and Zoning Commission and Public Safety Personnel Retirement System Board. Council interviewed applicants for these positions at the October 5th work session and may take this opportunity to fill the positions. 13. 20-487 Presentation, discussion and consideration of approval of Resolution No. 20-35 approving the submittal of a Proposition 202 Emergency Police Communication Equipment grant application to the Gila River Indian Community. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 14. 20-488 Presentation, update and possible additional direction to staff on the application for the nomination of the City of Apache Junction as an International Dark Sky Community. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 20-479 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, October 19 and Tuesday October 20, 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. 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. City of Apache Junction, Arizona Page 3 Printed on 9/30/2020 City Council Meeting Agenda October 6, 2020 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. City of Apache Junction, Arizona Page 4 Printed on 9/30/2020

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