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City Council Meeting

Regular Meeting

Apache Junction, AZ · March 16, 2021

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 apachejunctionaz.gov Ph: (480) 982-8002 Tuesday, March 16, 2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the city council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel City 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 Thomas Kelly, Chief of Police Liz Riley, Human Resources Director Mike Wever, Public Works Director Raquel Schatz, Public Works Project Engineer Emile Schmid, City Engineer Jill Bright, Deputy City Clerk (remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved, seconded by Councilmember Evans to accept the consent agenda as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21-103 Consideration of acceptance of agenda. City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes March 16, 2021 2. 21-104 Consideration of approval of minutes of the regular meeting of March 2, 2021. 3. 21-118 Consideration on proposed construction agreement with Lincoln Contractors, Inc. for continuing infrastructure improvements to the Grand View neighborhood in an amount of $147,976.00, allowing for a contingency of 10% for a project amount not to exceed $162,773.00. This work is partially funded by the city’s Fiscal Year 2020 Community Development Block Grant Regional Account allocation as requested by city council under Resolution No. 20-08. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. ANNOUNCEMENT OF CURRENT EVENTS 4. 21-105 Announcement of current events from mayor and councilmembers. Councilmember Biggs shared that Saturday was the Star Family Event. The next First Friday is April 2nd and 3rd. A news clip was played highlighting all the areas in Apache Junction that you can ride your horse to. Councilmember Evans thanked Roadhaven Resort for hosting a vaccine event and it was well attended. Vice Mayor Rizzi shared that the Table of Grace Church is hosting a corn beef and cabbage dinner this Friday at 5:00pm. Mayor Wilson shared that this weekend Gypsy, the horse that was found in the community and never claimed, will be silent auctioned off at the Rodeo Grounds. This Saturday is the Pinal County Junior Livestock Auction at the Pinal County Fairgrounds. G. CITY MANAGER'S REPORT 5. 21-106 City Manager's Report. City Manager Bryant Powell reminded council that the annual Scrub & Grub is April 1st which is dedicated for city staff to clean and organize their offices. Pinal County Health Department is working with Horizon Health & Wellness to allow them to administer the vaccine. Mr. Powell shared that one of our police officers was shot during a call this afternoon and has been hospitalized but his condition is not known at this time. H. PUBLIC HEARINGS I. OLD BUSINESS 6. 21-120 Discussion, presentation and consideration of Resolution No. 20-44 an extinguishment of a Federally Patent Easement (FPE) on 18th Avenue from Wagon Wheel Road to Goldfield Road for the purposes of allowing a pre-existing structure to remain inside the FPE. Councilmember Schroeder moved, seconded by Vice Mayor Rizzi that Resolution No. 20-44 a resolution of the mayor and the city council of the City of Apache Junction, Arizona, declaring portions of federally patented easements located on 18th Avenue from Wagon Wheel Road to Goldfield Road no longer necessary for public use as federally patented easements and are City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes March 16, 2021 hereby extinguished as present and future public rights-of-way be approved. Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser No: 2- Councilmember Evans and Councilmember Gremmel Public Works Project Engineer Raquel Schatz presented the history, process and location of the request for an extinguishment of a Federally Patent Easement (FPE) as heard at the March 2nd city council meeting. Vice Mayor Rizzi asked why Development services is not in support of the extinguishment. Ms. Schatz replied that Development Services sees a need to use the land in the future and would not want to have to buy the property back. Councilmember Evans explained that this isn't a permanent structure and would not have shown up on a title report. She doesn't believe that it is this council's job to correct a realtor transaction that was not done correctly. She does not see any reason to give this land up. Councilmember Gremmel shared that the city has been too quick to give up these FPE's in the past and council needs to be more cautious of giving this up so we do not have to buy it back in the future. The applicant stated that he understands the situation but wonders why there cannot be a compromise as the structure is not permanent and can easily be torn down if the city decides to use the FPE in the future. The structure has been there for 30 years and is now all of a sudden a problem. Vice Mayor Rizzi asked if a compromise is made can it go in writing. City Attorney Joel Stern replied that conditions can be included in the resolution. Ms. Schatz stated that a reduction in the size of the extinguishment could also be done. Public Works Director Mike Wever stated that he does not see this particular area becoming a road in the future. Councilmember Schroeder stated that council is over complicating this and the structure should be able to stay and if the city needs to use the FPE in the future then the structure needs to come down and to include this in the resolution for future enforcement. J. NEW BUSINESS 7. 21-116 Presentation, discussion and consideration of Resolution No. 21-07; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-01-Goldview. Councilmember Evans moved, seconded by Councilmember Schroeder that Resolution No. 21-07 accepting the petition, waiver consent and intent to form Streetlight Improvement District No. 2021-01-Goldview be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes March 16, 2021 No: 0 City Engineer Emile Schmid explained that a Streetlight Improvement District (SLID) is a means whereby the expenses are paid by the levy and collection of taxes based on the number of properties within the district. The Goldview subdivision was recently approved by the city and construction has begun. There would be 42 street lights included in this SLID. Lennar Arizona, Inc., the owner of the subdivision, submitted a Unanimous Petition for the SLID. This resolution is only for the intent to form a streetlight district. An installation resolution and then a budget resolution would be brought forward at a future council meeting. 8. 21-117 Presentation, discussion and consideration of Resolution No. 21-08; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-02-Coyote Crossing. Councilmember Biggs moved, seconded by Vice Mayor Rizzi that Resolution No. 21-08 accepting the petition, waiver consent and intent to form Streetlight Improvement District No. 2021-02 – Coyote Crossing be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Engineer Emile Schmid presented that a Streetlight Improvement District (SLID) is a means whereby the expenses are paid by the levy and collection of taxes based on the number of properties within the district. The Coyote Crossing subdivision is currently under design review with the city. SIG-AZ LLC, the parent parcel of the subdivision, submitted a Unanimous Petition for the SLID. This resolution is only for the intent to form a streetlight district. An installation resolution and then a budget resolution would be brought forward at a future council meeting. 9. 21-108 Presentation, discussion and consideration of Resolution No. 21-09 for continuing participation in the Arizona Metropolitan Trust employee benefits program. Vice Mayor Rizzi moved, seconded by Councilmember Nesser that Resolution No. 21-09 to continue participating in the Arizona Metropolitan Trust employee benefits program be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Human Resources Director Liz Riley explained that Arizona Metropolitan Trust is the city's employee benefits program and staff is requesting to extend its membership for another 3 years to June 30, 2024. K. COUNCIL DIRECTION TO STAFF 10. 21-124 Direction to staff regarding details for a council retreat. Councilmember Evans moved, seconded by Councilmember Schroeder that direction be given to staff to formalize the council retreat details noting council’s preference to particular matters. City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes March 16, 2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Manager Bryant Powell explained that this is the time for council to direct staff on details of a future council retreat. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 21-107 The next regularly scheduled Work Session is Monday, April 5th and the next regularly scheduled Council Meeting is Tuesday, April 6th, 2021. Councilmember Biggs moved, seconded by Councilmember Evans that an Executive Session at 6:00 P.M. for Monday, April 5th and Tuesday April 6, 2021 be held in the Executive Session Conference room located at 300 E. Superstition Boulevard, Apache Junction. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia Street in Apache Junction, stated that he is a happy camper because Judge Hazel is leaving and only three more need to go now. He said it is the city council's job to fight for his neighborhood. He has never seen a direction to staff to have the city look at his street. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF , 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2021. _________________________ CHIP WILSON Mayor ATTEST: ______________________ JENNIFER PENA City Clerk City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes March 16, 2021 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 _____________________, 2021. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2021. ________________________ JENNIFER PENA City Clerk City of Apache Junction, Arizona Page 6

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 apachejunctionaz.gov Ph: (480) 982-8002 Tuesday, March 16, 2021 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. 21-103 Consideration of acceptance of agenda. 2. 21-104 Consideration of approval of minutes of the regular meeting of March 2, 2021. 3. 21-118 Consideration on proposed construction agreement with Lincoln Contractors, Inc. for continuing infrastructure improvements to the Grand View neighborhood in an amount of $147,976.00, allowing for a contingency of 10% for a project amount not to exceed $162,773.00. This work is partially funded by the city’s Fiscal Year 2020 Community Development Block Grant Regional Account allocation as requested by city council under Resolution No. 20-08. 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. 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. City of Apache Junction, Arizona Page 1 Printed on 3/10/2021 City Council Meeting Agenda March 16, 2021 4. 21-105 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. 5. 21-106 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. 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. 6. 21-120 Discussion, presentation and consideration of Resolution No. 20-44 an extinguishment of a Federally Patent Easement (FPE) on 18th Avenue from Wagon Wheel Road to Goldfield Road for the purposes of allowing a pre-existing structure to remain inside the FPE. 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. 7. 21-116 Presentation, discussion and consideration of Resolution No. 21-07; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-01-Goldview. 8. 21-117 Presentation, discussion and consideration of Resolution No. 21-08; accepting a petition, waiver, consent and the intention to form City of Apache Junction Streetlight Improvement District No. 2021-02-Coyote Crossing. 9. 21-108 Presentation, discussion and consideration of Resolution No. 21-09 for continuing participation in the Arizona Metropolitan Trust employee benefits program. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction, Arizona Page 2 Printed on 3/10/2021 City Council Meeting Agenda March 16, 2021 10. 21-124 Direction to staff regarding details for a council retreat. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 21-107 The next regularly scheduled Work Session is Monday, April 5th and the next regularly scheduled Council Meeting is Tuesday, April 6th, 2021. 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. City of Apache Junction, Arizona Page 3 Printed on 3/10/2021

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