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City Council Meeting

Regular Meeting

Apache Junction, AZ · March 21, 2023

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 21, 2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Schroeder gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL 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 Michael Pooley, Police Chief Anna McCray, Human Resources Director Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Councilmember Cross moved, seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1. 23-133 Consideration of acceptance of agenda. 2. 23-134 Consideration of approval of minutes of the regular meeting of March 7, 2023. 3. 23-141 Consideration of approval of Final Plat for Infrastructure for Ironwood Drive Phase 2. City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes March 21, 2023 4. 23-144 Consideration of approval of Resolution No. 23-06 Intent to Form Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 5. 23-145 Consideration of approval of Resolution No. 23-07 Ordering the Installation of Streetlights for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 6. 23-146 Consideration of approval of Resolution No. 23-08 Adopting the Budget for Fiscal Year 2023-2024 for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 7. 23-152 Proclamation designating the month of April 2023 as National Child Abuse and Neglect Prevention Month. Mayor Wilson read the proclamation designating the month of April, 2023 as National Child Abuse and Neglect Prevention Month. Heidi Miller, Director of Sanctuary Movement for Children and Michael Medoro, Chief Development Officer for Childhelp were present to receive the proclamation. 8. 23-153 Proclamation designating March 29, 2023, as Vietnam War Veterans Day. Mayor Wilson read the proclamation designating March 29, 2023 as Vietnam War Veterans Day, marking the anniversary of when the last U.S. troops and Prisoners of War left Saigon. Members from the VFW Post 9399, Post 7968 and the American Legion Post 27 were present, along with several veterans, to accept the proclamation. F. REGIONAL INTERGOVERNMENTAL UPDATES 9. 23-135 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Peter Heck is council's liaison to the Greater Phoenix Economic Council, (GPEC). He came across a report by the Brooking's Institute conducted in 21-22 . This survey included 192 cities around the country consisting of a population of 250,000 or more, to determine how resilient they are, and were, to the 2020 pandemic. He stated the Phoenix metropolitan area ranked 4th overall for performing well in the areas of inclusive growth pre-pandemic and economic resiliency. Mayor Wilson stated he attended the Phoenix Mesa Gateway Airport meeting earlier and the airport continues to see record breaking passengers through this airport. They continue with expansion plans and have started construction for more terminals to accommodate this exponential growth. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes March 21, 2023 G. CITY MANAGER'S REPORT 10. 23-136 City Manager's Report. City Manager Bryant Powell announced the City held their 18th Annual Scrub and Grub event last Thursday. This is an annual event where employees take part in the pride of maintaining and upkeep of their offices. They clean out old files and do a little extra "cleaning" in their areas. Lunch is provided and employees are encouraged to build their relationships with other departments. He also spoke on SB1117, which failed, and a new bill HB2536, preempts municipalities and requires administrative approval of applications for any rezoning to residential use, including any applications from single family to multi-family, commercial to multi-family, multi-family to single-family etc. In response to Vice Mayor Schroeder's question Mr. Powell stated it does feel that this change would eliminate a planning and zoning commission. Councilmember Nesser pointed out the state requires municipalities to have a General Plan, yet we would not be able to comply with it if this bill passes. 11. 23-137 Announcement of Current Events. Chief Information Officer Al Bravo reported on the following: - April 1st is Earth Day - Horizon Health and Wellness will be celebrating the day with the annual release of Ladybugs. - The One Water Our Water campaign is underway, more information can be found at onewateraj.com. This is a water conservation effort for Apache Junction. - News about the city, updates and events can be found in the city's newsletter. Subscribe for this weekly announcement by visiting the city's webpage: www.apachejunctionaz.gov/newsletter Mayor Wilson spoke on the Pinal County Fair and 4-H show that he attended. Vice Mayor Schroeder announced he and the Mayor attended the 40th Anniversary of the Superstition Food Bank. He congratulated them on this achievement. H. PUBLIC HEARINGS 12. 23-150 Presentation, discussion, public hearing and consideration of application for a Class A Bingo License for Dolce Vita Resident Bingo, Apache Junction, Arizona. Councilmember Soller moved, seconded by Councilmember Nesser that the application for a Class A bingo license for Dolce Vita Community, 3301 S. Goldfield Road, Apache Junction, Arizona, submitted by Richard Cantwell representing Dolce Vita be recommended for approval to the Arizona Department of Revenue. Yes: 7 Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, councilmember Cross and Councilmember Soller. No: 0 City Clerk Jennifer Pena provided information on the application and reported no department had City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes March 21, 2023 issue with the request. She stated this is for a Class A license and over the years the community had a bingo license but it had not been renewed. They understand this is for the residents of Dolce Vita only, and no signage outside the community advertising is allowed. Applicant Richard Cantwell had no additional comments. Mayor Wilson opened the public hearing, receiving no comments, he closed the public hearing. 13. 23-155 Presentation, discussion, and consideration of Ordinance No. 1534, an ordinance of the mayor and city council of the City of Apache Junction amending Apache Junction City Code, Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-9: Public Art Commission, by repealing and replacing in its entirety Section 2-9-2, Membership and Terms of Office; providing for severability and repealing any conflicting provisions. Mayor Wilson opened the public hearing, receiving no comments, he closed the public hearing. Councilmember Nesser moved, seconded by Councilmember Heck that Ordinance No. 1534 be read by title only and the entire reading of the ordinance be waived. Motion Passed - 7 - 0 Councilmember Nesser moved, seconded by Councilmember Heck that Ordinance No. 1534 as read by the city clerk be adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Attorney Joel Stern stated the item is a follow-up from the February 7, 2023 regular council meeting where Council directed staff to change the Public Art Commission city code section to reflect a decrease in membership from seven to five members, with at least three members being city residents, and the elimination of the technical expert criteria by just having one member as a practicing artist. I. OLD BUSINESS J. NEW BUSINESS 14. 23-126 Presentation, discussion, and consideration of approval of entering into an agreement with Gruber Technical Inc., dba Gruber Power Services for the design and installation of solar panels at the city library not to exceed $76,595.29. Vice Mayor Schroeder moved, seconded by Councilmember Soller to approve entering into an agreement with Gruber Technical Inc., dba Gruber Power Services for the design and installation of solar panels at the city library not to exceed $76,595.29. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes March 21, 2023 During Monday night's work session administrative services manager Heather Hodgman stated the installation of the solar panels is part of the emergency preparedness IT is working on. This is not a "green" initiative project. She stated the city has consulted with a structural engineer for the suitable location and structural support of the panels. The city will be utilizing the State of Arizona cooperative contract No. CTR063425. The alternative to solar is using a generator, which would cost roughly $500,000 with maintenance costs being more to maintain a generator than solar panels. IT Director Doug Wirthgen was also present Monday night and clarified this is not a power supply reserve in the sense most people think, but rather a back up to keep emergency systems, internet, and communications running. He is working on redundancy so if one provider of internet service fails, there is a second provider available. The purpose is to keep emergency operations functional; which include phone lines, the 911 system, and internet services. He mentioned now that the city hall campus has fiber cable installed he is able to push internet service anywhere on campus. Council inquired about the use of ARPA funds and CARE Act funds. K. COUNCIL DIRECTION TO STAFF L. CALL TO PUBLIC George Schroeder, 2444 W. Virginia St., Apache Junction commented on the following: - A news article about a 3-year old that died due to fentanyl. He stated the DEA is the biggest drug cartel of them all. - Garbage: he spoke with Republic Services and is able to pay his bill at the landfill - General Plan: he wants to get rid of the city's General Plan. He speaks frequently with AZ Senator Farnsworth M. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:14 p.m. City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes March 21, 2023 ACCEPTED THIS DAY OF , 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2023. 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 _____________________, 2023. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2023. JENNIFER PEÑA 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 21, 2023 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. 23-133 Consideration of acceptance of agenda. 2. 23-134 Consideration of approval of minutes of the regular meeting of March 7, 2023. 3. 23-141 Consideration of approval of Final Plat for Infrastructure for Ironwood Drive Phase 2. 4. 23-144 Consideration of approval of Resolution No. 23-06 Intent to Form Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 5. 23-145 Consideration of approval of Resolution No. 23-07 Ordering the Installation of Streetlights for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 6. 23-146 Consideration of approval of Resolution No. 23-08 Adopting the Budget for Fiscal Year 2023-2024 for Streetlight Improvement District No. 2023-SV-1A-1 Superstition Vistas Phase 1A. 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. City of Apache Junction, Arizona Page 1 Printed on 3/16/2023 City Council Meeting Agenda March 21, 2023 7. 23-152 Proclamation designating the month of April 2023 as National Child Abuse and Neglect Prevention Month. 8. 23-153 Proclamation designating March 29, 2023, as Vietnam War Veterans Day. 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. 9. 23-135 Brief summary of intergovernmental updates 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. 10. 23-136 City Manager's Report. 11. 23-137 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. 12. 23-150 Presentation, discussion, public hearing and consideration of application for a Class A Bingo License for Dolce Vita Resident Bingo, Apache Junction, Arizona. 13. 23-155 Presentation, discussion, and consideration of Ordinance No. 1534, an ordinance of the mayor and city council of the City of Apache Junction amending Apache Junction City Code, Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-9: Public Art Commission, by repealing and replacing in its entirety Section 2-9-2, Membership and Terms of Office; providing for severability 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. City of Apache Junction, Arizona Page 2 Printed on 3/16/2023 City Council Meeting Agenda March 21, 2023 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. 14. 23-126 Presentation, discussion, and consideration of approval of entering into an agreement with Gruber Technical Inc., dba Gruber Power Services for the design and installation of solar panels at the city library not to exceed $76,595.29. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. 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. M. 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 3/16/2023

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