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City Council Meeting

Regular Meeting

Apache Junction, AZ · April 2, 2024

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, April 2, 2024 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 Councilmember Cross gave the invocation and Councilmember Heck led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Ted Wolff, Public Works Director Liz Langenbach, Parks & Recreation Director Angelie Hawley, Finance Director Pam Harrison, Library Director Anna McCray, Human Resources Director Evie McKinney, Deputy City Clerk Sidney Urias, Interim Planning Manager Kelsey Schattnik, Planner D. CONSENT AGENDA Councilmember Heck 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 City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes April 2, 2024 No: 0 1. 24-165 Consideration of acceptance of agenda. 2. 24-166 Consideration of approval of minutes of the regular meeting of March 19, 2024. 3. 24-125 Consideration of approval of award of contract to Econosmart Property Services LLC, dba Signature Projects for Artificial Turf at the Superstition Shadows Aquatic Center RFB Project No. P&R 2024-002 in an amount not to exceed $93,183.75. 4. 24-176 Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contact No. 234128ROQ in the amount of $541,931.20 plus 10% contingency for unforeseen change orders in the amount of $54,193.12 for a total project cost not to exceed $596,124.32. 5. 24-181 As required by Apache Junction City Code, Volume I, Chapter 3: Administration, Article 3-3: Department of the Finance, §§ 3-3-1 (C), the city manager is seeking ratification of the appointment of Angelie Hawley to the position of Finance Director. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 24-123 Proclamation designating the week of April 7 through April 13, 2024, as "National Library Week." Mayor Wilson read the Proclamation designating April 7 through April 13, 2024, as "National Library Week." Library Director Pam Harrison accepted the Proclamation and shared her appreciation to the Mayor and Council. She also mentioned the numerous programs the Library offers, and that it would not be possible without the hard working and dedicated staff. 7. 24-153 Proclamation designating the week of April 6 through April 12, 2024, as "Week of the Young Child." Mayor Wilson read the Proclamation designating April 6 through April 12, 2024, as "Week of the Young Child." In attendance to accept the Proclamation was Katrina DeVinny, Pinal Regional Director of First Things First and Boardmember Briana Frenzel. Ms. DeVinny shared a few of the free programs offered through the Quality First Program. She also expressed the concerns in Pinal County with the lack of child care due to a work force issue, and handed a brochure to the Mayor and Council with an invite to the Community Child Care Crisis Forum, scheduled for April 23, 2024, from 10:00am - 12:00pm at the Pinal County Courthouse - Ironwood Room, 31 N. Pinal Street, Florence, AZ. Attendees will include elected officials and business leaders, to discuss what can be done in Pinal County to develop a plan to address this situation. 8. 24-174 Proclamation designating April 2024 as "Fair Housing Month." Mayor Wilson read the Proclamation designating the month of April as "Fair Housing Month". Management Analyst Rob Wisler accepted the proclamation. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes April 2, 2024 F. REGIONAL INTERGOVERNMENTAL UPDATES 9. 24-167 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson attended the 19th Annual International State of the State. Highlights included the various partnerships Arizona is working on internationally, with other countries and provinces to do trade and bring in small businesses. He spoke with Governor Hobbs to express his thanks on the veto of HB2570, as the consequence of this bill would have deeply impacted our local young adults and future projects for them. He also attended a spring training game with other east valley mayors. Councilmembers Cross, Soller, and Heck attended a seminar on homelessness in Pinal County. Discussion points included methods of offering affordable housing, concentrating on getting landlords on board to take in lower income individuals and sustain them, and helping the unsheltered get back on their feet and start a new life. G. CITY MANAGER'S REPORT 10. 24-168 City Manager's Report. City Manager Bryant Powell introduced the new Finance Director Angelie Hawley. 11. 24-182 Introduction of new Finance Director, Angelie Hawley. Ms. Hawley shared many accomplishments and experience she brings as the Finance Director for Apache Junction. She expressed her excitement and enthusiasm in the opportunity to contribute to the betterment of our city's financial landscape and looks forward to sharing insights that will benefit the growing community. 12. 24-169 Announcement of Current Events. Management Analyst Eli Richardson shared 2 upcoming events: * Earthday Celebration and Lady Bug Release: April 6, 2024, 9:00am - 1:00pm, Earth Heart Park, 625 N. Plaza Drive * Public Art Commission is moving forward with the search for local artists to submit an application for vinyl artwork, that will be displayed throughout the city. Applications are being accepted online until April 8, 2024. H. PUBLIC HEARINGS City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes April 2, 2024 13. 24-178 Presentation, discussion, public hearing, and consideration of Resolution No. 24-03, declaring as a public record that certain document filed with the City Clerk and entitled "2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8: Landscape Regulations” authorized under Ordinance No. 1545, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Councilmember Johnson moved, seconded by Councilmember Cross that Resolution No. 24-03, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled “2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1:Zoning Ordinance, Article 1-6 Supplemental Regulations, §1-6-3 Fences and Walls and Article 1-8: Landscape Regulations” be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Mayor Wilson stated Agenda Items 13 and 14 address the same proposed amendment to city code, therefore he will combine into one public hearing but each item will be voted on separately. Planner Kelsey Schattnik presented Resolution No. 24-03, recapping the previous action held on March 18, 2024. Text has now been edited based on questions presented from council during that meeting, to provide additional clarification. Ms. Schattnik explained the intent of the proposed changes are to provide better clarification of fence and wall requirements in all zoning districts, provide more flexibility with allowed materials, and improve the safety and aesthetics of fences and walls moving forward. Photos were shared of various examples of approved materials and well maintained fences, vs unapproved materials and mismatched and dilapidated fences. Council comments included clarification of barbed wire being allowed, specific signage and location of signs regarding electric fencing, commercial manufactured charger for electric fencing, screened material approved on commercial property, chain link fence approved for corral fencing, and height changes to interior pen fencing, City Attorney Joel Stern stressed the importance of agreeing to the exact language changes, even if that means coming back to a future meeting. Council discussed further. Planning Manager Sidney Urias suggested, for meeting efficiency, these changes could be made after a short recess at this meeting. Councilmember Soller moved, seconded by Councilmember Nesser to recess for 15 minutes. Motion passed unanimously. City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes April 2, 2024 Meeting recessed at 7:48 p.m. Mayor Wilson reconvened the meeting at 8:06 p.m. Planner Kelsey Schattnik presented the proposed changes to Resolution No. 24-03, as requested by council prior to the recess. Mayor Wilson opened the Public Hearing. Donna Carr, 2178 W. Virginia Street, Apache Junction inquired if this zoning would be handled as previous zoning issues, and who will pay for the lower income residents with fencing zoning issues. Ms. Schattnik addressed the concern of existing fencing, that if it has already been permitted to code it will be allowed to remain, and residents will not be forced to remove until such time as the fencing is in utter disrepair. At that time the requirement will be to meet the current fencing code. Compliance will continue to be enforced through normal code compliance measures. Mayor Wilson closed the Public Hearing. 14. 24-177 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1545, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls and Article 1-8: Landscape Regulations, Section 1-8-6, Landscape Standards. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Mayor Wilson requested a motion for Ordinance No. 1545. Councilmember Heck moved, seconded by Councilmember Johnson that Ordinance No. 1545 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk Jennifer Pena read Ordinance No. 1545 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Cross moved, seconded by Councilmember Heck that Ordinance No. 1545, as read by the city clerk, be approved. 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 5 City Council Meeting Meeting Minutes April 2, 2024 15. 24-179 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1544, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume I, Chapter 9: Health and Sanitation by repealing and replacing portions of Article 9-1: Property Maintenance Standards § 9-1-2 Definitions, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. Councilmember Nesser moved, seconded by Councilmember Johnson that Ordinance No. 1544 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk Jennifer Pena read Ordinance No. 1544 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Cross moved, seconded by Councilmember Nesser that Ordinance No. 1544 as read by the city clerk be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Kelsey Schattnik explained there is a definition within the Health and Sanitation code that needs to identically match the revised changes to the city code that council had just voted on. Mayor Wilson opened the Public Hearing. Receiving no comments the Public Hearing was closed. I. OLD BUSINESS J. NEW BUSINESS 16. 24-183 Discussion and consideration of approval of the placement on the salary schedule of the newly created classification of Marketing and Communications Director. Pursuant to the 2023 City of Apache Junction Personnel Rules, Rule 6 Classification, Section 4 Creation, Abolishment and Reclassification of Positions, City Council approval is required for the classification of a position in Grade 42 and higher on the civilian salary schedule. This position will be in Management Services and report to the City Manager. Councilmember Johnson moved, seconded by Councilmember Soller that the placement on the salary schedule of the newly created classification of Marketing and Communications Director, pursuant to the 2023 City of Apache Junction Personnel Rules, Rule 6 Classification, Section 4 Creation, Abolishment and Reclassification of Positions, City Council approval agree to the Grade 42 for this civilian salary schedule for the Marketing and Communications Director position be approved. City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes April 2, 2024 Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Human Resources Director Anna McCray briefed the Mayor and Council on the purpose and need of this new position. City Manager Bryant Powell stated from the past couple of council retreats he has received direction to elevate our communication with the public. He continued that we no longer have pagers and newspapers, but the need is still there for us to carry on our service and tell our story, and this is a reflection of the Mayor and Council goals and desires to keep the communication strong and build an identity for Apache Junction. Digital communication efforts are the direction we need to move forward with and he recommended the addition of this position. Council comments included assurance the city wage and salary budget would allow for this new position, and encouragement that communication is key for growth as well as welcoming visitors to our area. K. COUNCIL DIRECTION TO STAFF 17. 24-173 Presentation, discussion and direction to staff regarding proposed fee changes to the Apache Junction Public Safety Animal Control Fee Schedule - Article 4-3 and Public Safety Fee Schedule - Article 4-7. Councilmember Johnson moved, seconded by Councilmember Soller that direction be given to staff to begin the process of updating the Animal Control Fee Schedule and bring a proposed Ordinance to a future City Council meeting, and amending this motion to include updating Article 4-7 for the Public Safety Fee schedule, be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Police Chief Michael Pooley presented the proposed changes to the Apache Junction Public Safety Animal Control and the Public Safety fee schedules. Staff compared the Apache Junction current rates to other valley cities and Apache Junction is behind market value with the fees for these services. He shared the proposed changes in a red line version. Council comments included the increase on adoption fees, keeping fees at a moderate level to avoid abusive situations, surrender fees, proof of residency for surrendering of pets, fines for pet dumping, and assistance to low income/less fortunate pet owners. Chief Pooley addressed these concerns, and requested direction from the Mayor and Council to begin the process on these proposed fee schedule changes in developing a Resolution and Ordinance for presentation at a future date. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes April 2, 2024 M. CALL TO PUBLIC Catherine Meek, 1327 S. Belair Road, Apache Junction shared events scheduled for the Superstition Mountain Museum in the upcoming weeks. She also announced April is "Donate Life Month", and encouraged participation to become an organ donor. Donna Carr, 2178 W. Virginia Street, Apache Junction, shared the process she recently went through to obtain the petitions that do not support building of a mental health facility in her neighborhood. She also expressed her concerns of a "tram" coming into Apache Junction. Andre Meek, 1327 S. Belair Road, Apache Junction commented on the proposed animal control fee schedule change, Arizona is number one for "Rent to Own" homes, and mentioned some upcoming events and changes to the schedules at the Superstition Mountain Museum. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:50 p.m. ACCEPTED THIS DAY OF , 2024, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2024. 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 _____________________, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2024. JENNIFER PEÑA City Clerk City of Apache Junction, Arizona Page 8

Agenda

Meeting location: City of Apache Junction, Arizona City Council Chambers at City Hall 300 E. Superstition Blvd Agenda Apache Junction, AZ 85119 City Council Meeting apachejunctionaz.gov Ph: (480) 982-8002 Tuesday, April 2, 2024 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. 24-165 Consideration of acceptance of agenda. 2. 24-166 Consideration of approval of minutes of the regular meeting of March 19, 2024. 3. 24-125 Consideration of approval of award of contract to Econosmart Property Services LLC, dba Signature Projects for Artificial Turf at the Superstition Shadows Aquatic Center RFB Project No. P&R 2024-002 in an amount not to exceed $93,183.75. 4. 24-176 Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contact No. 234128ROQ in the amount of $541,931.20 plus 10% contingency for unforeseen change orders in the amount of $54,193.12 for a total project cost not to exceed $596,124.32. 5. 24-181 As required by Apache Junction City Code, Volume I, Chapter 3: Administration, Article 3-3: Department of the Finance, §§ 3-3-1 (C), the city manager is seeking ratification of the appointment of Angelie Hawley to the position of Finance Director. 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 3/27/2024 City Council Meeting Agenda April 2, 2024 6. 24-123 Proclamation designating the week of April 7 through April 13, 2024, as "National Library Week." 7. 24-153 Proclamation designating the week of April 6 through April 12, 2024, as "Week of the Young Child." 8. 24-174 Proclamation designating April 2024 as "Fair Housing Month." 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. 24-167 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. 24-168 City Manager's Report. 11. 24-182 Introduction of new Finance Director, Angelie Hawley. 12. 24-169 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. 13. 24-178 Presentation, discussion, public hearing, and consideration of Resolution No. 24-03, declaring as a public record that certain document filed with the City Clerk and entitled "2024 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6 Supplemental Regulations, § 1-6-3 Fences and Walls and Article 1-8: Landscape Regulations” authorized under Ordinance No. 1545, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. City of Apache Junction, Arizona Page 2 Printed on 3/27/2024 City Council Meeting Agenda April 2, 2024 14. 24-177 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1545, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-3, Fences and Walls and Article 1-8: Landscape Regulations, Section 1-8-6, Landscape Standards. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. 15. 24-179 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1544, an Ordinance of the Mayor and City Council of the City of Apache Junction, amending the Apache Junction City Code, Volume I, Chapter 9: Health and Sanitation by repealing and replacing portions of Article 9-1: Property Maintenance Standards § 9-1-2 Definitions, repealing any conflicting provisions and providing for severability. This request was previously presented and discussed at the City Council Work Session on March 18, 2024. 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. 16. 24-183 Discussion and consideration of approval of the placement on the salary schedule of the newly created classification of Marketing and Communications Director. Pursuant to the 2023 City of Apache Junction Personnel Rules, Rule 6 Classification, Section 4 Creation, Abolishment and Reclassification of Positions, City Council approval is required for the classification of a position in Grade 42 and higher on the civilian salary schedule. This position will be in Management Services and report to the City Manager. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 17. 24-173 Presentation, discussion and direction to staff regarding proposed fee changes to the Apache Junction Public Safety Animal Control Fee Schedule - Article 4-3 and Public Safety Fee Schedule - Article 4-7. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction, Arizona Page 3 Printed on 3/27/2024 City Council Meeting Agenda April 2, 2024 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 4 Printed on 3/27/2024

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