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City Council Meeting

Regular Meeting

Apache Junction, AZ · March 15, 2022

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 15, 2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 pm. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Gremmel led the Pledge of Allegiance. C. ROLL CALL Present: 5- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Nesser City Staff in Attendance: Bryant Powell, City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Michael Pooley, Police Chief Carlena Lawson, Administrative Assistant Police Department D. CONSENT AGENDA Vice Mayor Rizzi moved, seconded by Councilmember Nesser that the consent agenda be accepted as presented. Mayor Wilson called for a motion. 1. 22-157 Consideration of acceptance of agenda. 2. 22-158 Consideration of approval of minutes of the regular meeting of March 1st, 2022. 3. 22-163 Consideration of approval of proposed Resolution No. 22-05 authorizing the submission of application(s) to the Governor's Office of Highway Safety Federal Fiscal Year 2023 Grant Program. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 4. 22-129 Presentation of 35-year Service Award to Carlena Lawson, of the Apache City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes March 15, 2022 Junction Police Department. Carlena Lawson was recognized for 35 years of service to the city. F. REGIONAL INTERGOVERNMENTAL UPDATES 5. 22-159 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Schroeder said on March 8, 2022 the Arizona Supreme Court rendered an opinion of the proposed sales tax for the Pinal County Transportation Plan. He said: 1) Pinal County complied with state law in adopting the transportation tax; 2) The Pinal County Board of Supervisors and the Pinal County Regional Transportation Board of Directors acted lawfully concerning the resolution and the ballot approving the proposed excise tax; 3) The excise tax itself was unlawful because the legislature had not delegated authority to the Pinal County Board of Supervisors to adopt a two-tiered tax rate; 4) Voters were left with an approved transportation plan, but no legitimate proposed excise tax approved by the voters; and, 5) A correction can be made by submitting a new excise tax to the voters, but it must occur within five years after the initial voter approval that occurred on November 7, 2017. 6) The $80 million that has been collected to date will remain in an escrow account and no further collection will occur until the issue is resolved. Mayor Wilson said he attended a meeting of the Phoenix-Mesa Gateway Airport board of directors. He said they continue to see a record increase of passengers departing and arriving. There are also plans to expand fuel capability and parking facilities. G. CITY MANAGER'S REPORT 6. 22-160 City Manager's Report. City Manager Bryant Powell recognized the importance of the Pinal County Regional Transportation Board and how important they are for the infrastructure of the county. Mr. Powell also recognized the Blues and Brews Festival that was held at Flatiron Park on March 12th. Mayor Wilson announced the Pinal County Fair is starting March 16th and runs through March 20th. A local 4-H Club, Country Kickers 4-H Club, will have four calves in the auction on Saturday, March 19th at 12:00 pm. 7. 22-137 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. Jim Groen of Republic Services announced he is moving to San Diego and introduced his replacement, Adena Gilden. Ms. Gilden introduced herself to the council. She also introduced WIlliam Hathaway, the new Hauling Operations Manager. Stephen Herring of Republic Services gave an update on free dump week and landfill activity. 8. 22-161 Announcement of current events. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes March 15, 2022 H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 9. 22-144 Presentation and discussion on the process for filling Apache Junction City Council vacancies. City Attorney Joel Stern gave a presentation on the statutes and process for filling Apache Junction City Council vacancies. City Manager Bryant Powell reviewed the recommended time frame for the appointment. The city council and staff discussed the length of the term of the appointment to the seat vacated by Mr. Braden Biggs. Due to the vacancy occurring more than 30 days before the nomination petitions deadline State statute requires Mr. Biggs council seat will only have an appointment until the next regularly scheduled election, which is August 2, 2022. This vacancy will be on the ballot for that remaining term. Depending on the outcome of that election, other scenarios may come into play. Discussion was held on council’s discretion on the questions they wish to ask those applicants who apply to be appointed to this council seat and who past councils have filled mid-term vacancies. City Clerk Jennifer Pena reviewed her role as the Election Official for the city. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10. 22-162 Executive Session at 6:00 P.M. for Monday, April 4th and Executive Session at 6:00 P.M. for Tuesday, April 5th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Nesser moved, seconded by Councilmember Evans that an executive session at 6:00 p.m. for Monday, April 4 and Tuesday, April 5, 2022, be held in the city council conference room located at 300 E. Superstition Boulevard, Apache Junction, Arizona, and other meetings be scheduled if necessary. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Nesser and Gremmel No: 0 M. CALL TO PUBLIC George Schroeder, 2224 W. Virginia Street, Apache Junction, said the country should be doing more for Ukraine, he asked what the criteria is for city council appointment and said he wants to put a hold on the tax. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:51 p.m. City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes March 15, 2022 ACCEPTED THIS DAY OF , 2022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2022. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PEÑA City Clerk 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 _____________________, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2022. JENNIFER PEÑA City of Apache Junction, Arizona Page 4

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 15, 2022 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. 22-157 Consideration of acceptance of agenda. 2. 22-158 Consideration of approval of minutes of the regular meeting of March 1st, 2022. 3. 22-163 Consideration of approval of proposed Resolution No. 22-05 authorizing the submission of application(s) to the Governor's Office of Highway Safety Federal Fiscal Year 2023 Grant Program. 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. 4. 22-129 Presentation of 35-year Service Award to Carlena Lawson, of the Apache Junction Police Department. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 22-159 Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction, Arizona Page 1 Printed on 3/9/2022 City Council Meeting Agenda March 15, 2022 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. 22-160 City Manager's Report. 7. 22-137 Discussion and presentation by Stephen Herring of Republic Services on free dump week and update on Landfill activity. 8. 22-161 Announcement of current events. 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. 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. 9. 22-144 Presentation and discussion on the process for filling Apache Junction City Council vacancies. 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 10. 22-162 Executive Session at 6:00 P.M. for Monday, April 4th and Executive Session at 6:00 P.M. for Tuesday, April 5th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction, Arizona Page 2 Printed on 3/9/2022 City Council Meeting Agenda March 15, 2022 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 3/9/2022

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