HomeMy WebLinkAbout2026 03.17 City Council Regular Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location:
+� City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd
\gilONr Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday, March 17,2026 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. 26-100 Consideration of acceptance of agenda.
Sponsors: Evie McKinney
2. 26-101 Consideration of approval of minutes of the regular meeting of March
3, 2026.
Sponsors: Evie McKinney
Attachments: CCMIN 2026 03 03 MINUTES DRAFT
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. 26-65 Proclamation designating March 29, 2026, as "Vietnam War Veterans
Day."
Sponsors: Evie McKinney
Attachments: 03 2026 Vietnam War Veterans Day
5. 26-105 Presentation of 30-year Service Award to Liz Langenbach.
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City Council Meeting Agenda March 17,2026
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.
6. 26-102 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors: Chip Wilson
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.
7. 26-103 City Manager's Report
Sponsors: Bryant Powell
8. 26-82 Presentation and Discussion with Chairwoman Gail Evans of the
Apache Junction Community Development Corporation (CDC)
regarding CDC activities.
Sponsors: Rudy Esquivias
9. 26-107 Legislative Update
Sponsors: Rob Wisler
Attachments: Council Legislative Update 3-17-26
10. 26-104 Announcement of Current Events
Sponsors: Eli Richardson
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.
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City Council Meeting Agenda March 17,2026
11. 26-99 Presentation, discussion, and consideration of Resolution No. 26-09
authorizing retroactive approval of an agreement for overtime funding
in the amount of$136,000 from the Department of Public Safety for
sworn personnel.
Sponsors: Michael Pooley
Attachments: Memo-Agreement DPS-AJPD
Resolution No.26-09 DPS-AJPD
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
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.
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Agenda Item No. 1.
QizoN* File ID: 26-100
Sponsor: Evie McKinney Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
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Agenda Item No.2.
QizoN* File ID: 26-101
Sponsor: Evie McKinney Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of March 3, 2026.
City of Apache Junction,Arizona Page 1 Printed on 311212026
f�. City of Apache Junction, Arizona Meeting location:
Z p City Council Chambers
- z MeetingMinutes at City Hall
300 E.Superstition Blvd
Junction,AZ
City Council Meeting Apache85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday, March 3,2026 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:11 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Heck gave the invocation and Vice Mayor Schroeder 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
Evie McKinney, City Clerk
Joel Stern, City Attorney
Ryan Kaup, Economic Development Director
Rob Wisler, Management Analyst
Michael Pooley, Police Chief
Johnny John, Assistant Police Chief
Rudy Esquivias, Development Services Director
Sidney Urias, Development Services Deputy Director
Doug Wirthgen, IT Director
Mike Loggins, Public Works Director
Angelie Hawley, Finance Director
Jeremy Johnson, Grants Manager
D. CONSENT AGENDA
Councilmember Johnson moved,seconded by Councilmember Nesser to approve the Consent
Agenda and that authorization be granted to the mayor to sign the agreement between the City of
Apache Junction and Google Fiber Arizona LLC.
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City Council Meeting Meeting Minutes March 3,2026
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
1. 26-67 Consideration of acceptance of agenda.
2. 26-68 Consideration of approval of minutes of the regular meeting of February 17,
2026.
3. 26-46 Consideration of approval of Resolution No. 26-08, a communications
services license agreement between the City of Apache Junction and Google
Fiber Arizona, LLC, to install, place, operate, maintain, upgrade and repair
the communications network in, on, under, upon, along and across public
highways within City subject to the requirements of this agreement.
4. 26-59 Consideration of approval of Resolution No. 26-06, a Resolution of the Mayor
and City Council of the City of Apache Junction, Arizona, designating Angelie
Hawley the Chief Fiscal Officer for officially submitting and certifying the
accuracy of fiscal year 2027 expenditure limitation report to the Arizona
Auditor General.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
5. 26-72 Presentation of 30-year Service Award to Liz Langenbach.
This item was removed from the agenda and will be held at the March 17, 2026, meeting.
F. REGIONAL INTERGOVERNMENTAL UPDATES
6. 26-69 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Soller attended funerals for members of the Department of Public Safety in
Kingman and Gilbert. He thanked Chief Pooley for the particpation of the Apache Junction
Police Department at both events.
Vice Mayor Schroeder commented on the success of the Lost Dutchman Days Parade. He
stated it was a great turnout and one of his favorite times of year.
Mayor Wilson also commented on the Lost Dutchman Days Parade and how much it has
grown.
Councilmember Cross stated he received many compliments for the improvements to the
Rodeo Grounds.
Mayor Wilson announced that the Pinal County Fair will be March 18-22, 2026, in Casa
Grande. He spoke about some of the activities, rides and food that will be available to enjoy.
Vice Mayor Schroeder shared a few highlights from the State of the City and stated that Mayor
Wilson did a wonderful job.
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G. CITY MANAGER'S REPORT
7. 26-70 City Manager's Report
City Manager Bryant Powell shared highlights from the State of the City and thanked Kayla and
her team for their hard work to make it happen.
Mr. Powell also commented on the success of the Lost Dutchman Days Parade and Rodeo.
He shared photos from the events and thanked all of the City Departments that helped out.
Councilmember Johnson stated how heartwarming it was to see so much involvement from the
Blossom Rock Community in all the Lost Dutchman Days events.
8. 26-78 Presentation and discussion on the status of the U.S. 60 Corridor Study from
Ironwood Drive to Kings Ranch Road.
Management Analyst Rob Wisler presented an update on the U.S. 60 Corridor Study from
Ironwood Road to Kings Ranch Road. He explained the history of the study, why it was needed,
and what step in the process the Maricopa Association of Governments (MAG)are currently at.
He stated the study is anticipated to conclude in early 2027.
Councilmember Cross asked if the study area can be expanded further out to Peralta Road.
Mr. Wisler stated the funding is limited so MAG is unable to include the expanded area, but they
will be utilizing the traffic study from the Renaissance Fair that Pinal County did to look at solving
the traffic issue.
9. 26-71 Announcement of Current Events
Management Analyst Rob Wisler shared the upcoming event:
Household Hazardous Waste Day-Saturday, March 14, 2026, Public Works yard located at
575 E Baseline, 8:OOam - 12:OOpm. Please visit https://www.apachejunctionaz.gov/for more
information.
H. PUBLIC HEARINGS
I. OLD BUSINESS
J. NEW BUSINESS
10. 26-42 Presentation and discussion on the proposed Resolution No. 26-04
authorizing the city to enter into an Intergovernmental Agreement(IGA)with
Gila County, Arizona for Community Development Block Grant(CDBG)
Regional Account (RA) allocation.
Grants Manager Jeremy Johnson presented that The City of Apache Junction and Gila County
(The Parties)are members of Central Arizona Governments (CAG), which is charged with the
administration and distribution of funds obtained through the Arizona Department of Housing for
Community Development Block Grants (CDBG). Each year the Parties are eligible for
participation in the funding and distribution process and CAG has authorized a procedure for
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switching funding years between communities.
The Parties believe that it is in their best interest to partner so that one community can make an
application in one fiscal year and the other in the next fiscal year, allowing that year's applicant to
receive double or increased funding. It is the intent of the Parties that Apache Junction
requested funding for projects in Fiscal Year 2025 and Gila County will request funding for
projects in Fiscal Year 2026. The intergovernmental agreement (IGA) sets forth the details of
this agreed upon arrangement.
Councilmember Nesser inquired about the length of time we have been doing this with Gila
County.
Councilmember Heck asked about the funding that was received for Fiscal Year 2025 and if Gila
County will receive a similar amount for 2026.
Mr. Johnson responded to all questions.
Assistant City Manager Matt Busby stated this item will on the consent agenda at the March 17,
2026, Council meeting.
K. COUNCIL DIRECTION TO STAFF
11. 26-77 Presentation, discussion, and possible direction to staff on initiating
discussions and negotiations with the Arizona Department of Transportation
(ADOT) on the potential relinquishment and transfer of jurisdiction of a portion
of State Route 88 (Idaho Road)to the City of Apache Junction.
Councilmember Cross moved,seconded by Councilmember Johnson that direction to staff be
given to initiate discussions and possible negotiations with the Arizona Department of
Transportation for the potential relinquishment and transfer of jurisdiction of a portion of State
Route 88(Idaho Road)to the City of Apache Junction.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Manager Bryant Powell stated this item was brought to his attention by several
Councilmembers and asked if they wanted to start the discussion.
Councilmember Cross shared his frustrations with traffic and timing of traffic lights on Old West
Highway. He stated that the road is owned by the Arizona Department of Transportation
(ADOT)and the City has no control over it. He is asking if an Intergovernmental Agreement
(IGA)can be made with ADOT so the City can have some control over the road.
Councilmember Soller agreed that the City needs to have some control over this area especially
the section that runs through the City's downtown corridor.
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Mr. Powell stated tonight is the formal opportunity for Council to direct Staff to start using City
resources to get this process going.
Public Works Director Mike Loggins presented a map that shows State Route 88 and asked
Council to give direction on which portion of it they would like the City to take over. Staff can
then do research and come back with different options to move forward with this.
Councilmember Soller would like the area to go from U.S. 60 to the city limits by the Hitching
Post.
Vice Mayor Schroeder asked for clarification on the map and how the City takes ownership of
surrounding roads if other areas are brought into city limits in the future.
Mr. Loggins stated the area does not have to be in city Limits for the City to take over the road.
City Attorney Joel Stern confirmed that is correct and when other Cities have done something
similar with ADOT, they received some financial assistance from the State to improve the road.
Councilmember Soller asked Police Chief Pooley how many accidents occur on this area of the
road.
Chief Pooley confirmed that there have been many accidents, including fatalities, on this road.
Councilmember Johnson confirmed the size of the area the City would be taking on and stated
she would like to see ADOT fix the road before we make the agreement.
Councilmember Johnson, Cross and Soller would like to see ADOT put in another roundabout
at Lost Dutchman.
Vice Mayor Schroeder asked if we were to take on the whole stretch of the road through the
City, would the funds be available for a roundabout or a traffic signal at Lost Dutchman.
Mr. Powell recommended the Council look at everything north and east of the roundabout and
Staff can discuss any other options with ADOT.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Catherine Meek, 1327 S. Belair Road,Apache Junction, announced upcoming events at the
Superstition Mountain Lost Dutchman Museum.
Donna Carr, 2178 W. Virginia Street, Apache Junction, stated her concern with the City taking
over a portion of State Route 88 from ADOT and having the denied apartment complex brought
back up.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 7:47 p.m.
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ACCEPTED THIS DAY OF 2026, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 2026.
Walter"Chip" Wilson
Mayor
ATTEST:
Evie McKinney
City Clerk
City of Apache Junction,Arizona Page 6
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Agenda Item No.4.
QizoN* File ID: 26-65
Sponsor: Evie McKinney Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Proclamation designating March 29, 2026, as "Vietnam War Veterans Day."
City of Apache Junction,Arizona Page 1 Printed on 311212026
Vrotl tton
VIETNAM WAR VETERANS DAY
MARCH 29, 2026
WHEREAS, today we honor those who bravely served in the Vietnam War and
who sacrificed, as did their families, on behalf of our Nation; and
WHEREAS, fifty-three years ago, on March 29, 1973, the last 2,500 American
troops were withdrawn from South Vietnam, ending military
involvement in what is now the longest war in our country's
history; and
WHEREAS, more than 600 men and women from the great State of Arizona
made the ultimate sacrifice in the defense of our country during
war; and
WHEREAS, in the spirit of pride and gratitude, it is time to honor the heroic
accomplishments of the 58,000 service men and women whose
names are listed on the Vietnam Memorial Wall; and
WHEREAS, it is important that those who served are honored with recognition
and to ensure that their great sacrifices and immeasurable
contributions to our nation are never forgotten.
NOW, THEREFORE, I, Walter "Chip" Wilson, Mayor of the City of Apache Junction,
Arizona, do hereby proclaim March 29, 2026 as
VIETNAM WAR VETERANS DAY
Signed and attested to this day of March, 2026.
Walter"Chip" Wilson
Mayor
ATTEST: A�
c 1Y[
Evie McKinney
City Clerk
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
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o Agenda Item Cover Sheet Apache Junction,AZ
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Agenda Item No. 5.
�Piz oN* File ID: 26-105
Sponsor: Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Presentation of 30-year Service Award to Liz Langenbach.
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� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
'Piz File ID: 26-102
Sponsor: Chip Wilson Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
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Agenda Item No. 7.
Piz File ID: 26-103
Sponsor: Bryant Powell Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
City Manager's Report
City of Apache Junction,Arizona Page 1 Printed on 311212026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
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Agenda Item No.8.
�Piz oN* File ID: 26-82
Sponsor: Rudy Esquivias Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Presentation and Discussion with Chairwoman Gail Evans of the Apache Junction
Community Development Corporation (CDC) regarding CDC activities.
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Agenda Item No. 9.
PizoNr File ID: 26-107
Sponsor: Rob Wisler Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Legislative Update
City of Apache Junction,Arizona Page 1 Printed on 311212026
Le gislative U pd ate
March 17, 2026
QUICK HITS
• Food Tax (SB 1090 S/E / HB 2839 / HCR 2018 )
• Not heard/Dead
• Impact Fees (HB 2946)
• Failed in the House but reconsidered and
passed out of the House the next day
• Major Threats to City revenue and local control remain
HB 4030 / HCR 2052
• Introduced by Rep. Justin Olson (R - ID 10/Apache Junction & Bast
Mesa)
• Proposed amendment to allow for utilities a 30/o rate increase per
year (120/o max) over that 4 year period
• This amendment is still problematic because inflation can increas
more than 30/o annually.
HB 4030 / HCR 2052
• HCR ,205,2 is particularly problematic as it would allow voters
outside the City to influence our budget decisions.
• We run utilities as enterprise funds so that these services pay
for themselves.
• Inflation and rising cost of government increasing is real.
HB 4030 / HCR 2052
• Municipalities would have to:
• Cut services,
• Defer maintenance,
• Dip into reserves,
• Or reduce staffing — even if demand increases.
• Current Status: HB 4030 and HCR 2052 were amended by the
Committee of the Whole and await final vote in the House before
going to the Senate
HB 2290
• Introduced by Rep. Justin Olson (R - LD 10/Apache Junction & East Mesa)
• Re-run of last year's "Wayfair Decision"/Sourcing Bill
• Currently, Cities and Towns where a purchase is shipped to collect the sales
tax, this would modify that so that the city where the item ships from collects
the tax
• The City would lose up to $1.8M annually
• Current Status: Failed in the House 24-31-4-1 but placed on for
reconsideration
SB 1241
Introduced by Sen. Shawna Bolick (R - LD 2/North Phoenix)
• This bill allows private entities to replace city and county
permitting authority for many common residential projects.
It would forbid City oversight of building codes, threatening
public safety
• It also sweeps zoning and property maintenance codes into
this, preventing cities from taking action on zoning and
property maintenance violations
• Current Status: Has been amended but has not passed
Senate yet
SB 1431 / HB 2588
Introduced by Sen. Shawna Bolick (R - LD 2/North Phoenix) and Rep.
Michael Way (R - LD 15/Queen Creek+San Tan Valley)
• This bill would strip cities and towns of the ability to set important
design standards for safety and aesthetics for new single-family
homes, including exterior screening walls or fences, violating local
control.
• Current Status: SB 1431 passed out of the Senate 17-12-1 and is in th
House now. HB 2588 was not heard.
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Agenda Item No. 10.
'+PizoN* File ID: 26-104
Sponsor: Eli Richardson Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Announcement of Current Events
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Agenda Item No. 11.
'Piz File ID: 26-99
Sponsor: Michael Pooley Agenda Date: 3/17/2026
Index: In Control: City Council Meeting
Presentation, discussion, and consideration of Resolution No. 26-09 authorizing retroactive
approval of an agreement for overtime funding in the amount of$136,000 from the Department
of Public Safety for sworn personnel.
City of Apache Junction,Arizona Page 1 Printed on 311212026
Apache Junction Police Department
Memorandum
Date: March 5, 2026
To: Mayor Chip Wilson
From: Chief Michael Pooley
Subject: Resolution 26-09 — Retroactive authorization for City to enter into IGA
between AZ DPS and City in acceptance of overtime expenses for
local border support.
In 2025, overtime funding in the amount of $136,000 became available from the
Arizona Department of Public Safety ("DPS") for local border support relating to
deterring, apprehending, prosecuting and detaining individuals charged with drug
trafficking, human smuggling, illegal immigration and other border-related criminal
activity within the City. To reserve this extraordinary funding opportunity, on
December 18, 2025, I as police chief, signed the IGA and now seek retroactive
authorization.
Participation in this agreement strengthens Apache Junction Police Department's
("AJPD") ability to combat organized criminal activity that impacts the City. It
provides additional resources, coordination, and intelligence-sharing opportunities
with DPS, enhancing overall effectiveness in fighting crime and maintaining public
safety.
This funding for overtime will provide significant professional development benefits
for AJPD sworn personnel. Officers will gain valuable experience working
alongside other law enforcement agencies throughout the Valley during unique
regional and large-scale events. These assignments include real-time crowd
management training, participation in coordinated operational deployments and the
development of strong professional relationships with partnering agencies.
RESOLUTION NO. 26-09
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, RETROACTIVELY AUTHORIZING
THE CITY OF APACHE JUNCTION, ARIZONA ("CITY") THROUGH
ITS POLICE DEPARTMENT ("AJPD") TO ENTER AN
INTERGOVERNMENTAL AGREEMENT ("IGA") WITH THE ARIZONA
DEPARTMENT OF PUBLIC SAFETY ("DPS") FOR LOCAL BORDER
SUPPORT ("LBS") .
WHEREAS, in 2025, approximately $136, 000 became available
from DPS for LBS to cover overtime expenses for deterring,
apprehending, prosecuting and detaining individuals charged with
drug trafficking, human smuggling, illegal immigration and other
border-related criminal activity occurring within the City; and
WHEREAS, pursuant to A.R. S. § 41-1713 (B) (3) and A.R. S.
11-952, both DPS and City are authorized and empowered to enter
into this Agreement; and
WHEREAS, AJPD Chief Pooley executed the IGA on December 18,
2025 (as fully set forth in Attachment A) to reserve the
funding; and
WHEREAS, to legitimize the execution of the IGA, staff
recommends council retroactively authorize the execution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1) The mayor and city council hereby retroactively
authorize the City take advantage of the DPS funding by entering
this IGA.
2) The mayor and city council hereby further
retroactively authorize the police chief or his designee to sign
the IGA and to take all actions necessary to effectuate the
purpose of the IGA.
3) The mayor and city council also acknowledge that by
approving as to form this resolution, the city attorney also
retroactively approves the IGA as to form.
RESOLUTION NO. 26-09
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2026.
SIGNED AND ATTESTED TO THIS DAY OF 2026.
WALTER "CHIP" WILSON
Mayor
ATTEST:
YVETTE MCKINNEY
City Clerk
APPROVED AS TO FORM:
-44� -3'1o' 26
RICHARD J. STERN
City Attorney
RESOLUTION NO. 26-09
PAGE 2 OF 2
ATTACHMENT A
DPS Contract: 2025-315
AGREEMENT REGARDING
LOCAL BORDER SUPPORT
This agreement is entered into between the State of Arizona through its Department of Public
Safety,hereinafter referred to as"DPS"and the Apache Junction Police Department,hereinafter
referred to as"AJPD."
DPS is authorized and empowered to enter into this Agreement pursuant to A.KS. §41-
17l3(B)(3). Both parties arc authorized and empowered to enter into the Agreement pursuant to
A.R.S. § 11-952.
In consideration of the mutual promises set forth herein, the parties to this Agreement hereby
agree to the following conditions.
1. PAWFICIPATION
The purpose of the Agreement shall be to enhance law enforcement services to deter,
apprehend,prosecute and detain individuals charged with dreg trafficking, human
smuggling,illegal immigration and other border-related crimes within the city of Apache
Junction,through cooperative efforts of DPS and the AJPD-Local Border Support,
hereinafter referred to as"LBS."
Additionally,ongoing information exchange and intelligence sharing will occur between
DPS and AJPD.
II. DISBURSMENT AND REPOR'I'1NG
DPS agrees to disburse LBS funding as rcquested in the Local Border Support application at
a total of S 135,949.44.
cater Desatpt w Amownt
Salary/ERE Overtime for(8)Deputies S 13S,949.44
At the close of the agreement's performance period a summary and evidence of expenditures
shall be prepared and submitted to DPS.The cad of program summary noport shall be
received electronically no later than the last business day of the month immediately
following the month in which all grant funds are exhausted or June 30,2027,whichever is
earlier, Expenditures must align with the approved budget and be incurred within the
performance period.
111. IMMIGRATION
DPS and AJPD agree to comply with A.R.S. §§23-214 and 41-4401.
IV. NON-DISCRIMINATION
DPS and AJPD agree to comply with the non-discrimination provisions of the Governor's
Executive Order 2023-001
Page 1 of 3
DPS Contract:202"15
V. INDEMNIFICATION
DPS and AJPD(as"indemnimr`)agree to indemr i ,defend,and hold harmless the other
parry(as"ITxIa=,tce")from cad against any and all claims,lactase,liability,costs,or
eacpenm(including reasonable attomey's fees,hereinafter collectively rd%n-ed to as
"claims")arising out of bodily*lry(inchiding death)of any pmon or property damage,
but only to the extent that such claims which result is vicarious/derivative liability to the
lndamnhae are caused by the act,omission,negligence misconduct,or other felt of the
Indemnitor,its officers,agents,employees,or voluntcacs.
VI. RE=RDKEEMGr
All records regarding the Agreement,including time acoouating log,must be retained for
five(5)yew in compliance with AILS, §35-214.
VEL FEES
In no event shall DPS or AJPD charge the other for any administrative fees for any work
perk med pursuant to the Agreement.
i
VIIL JURISDICTION
AND agrees to permit its staff to work outside of their regular jurisdictional boundaries.
TX. ARBITRATION
In the event of a dispute antler this Agreement,the parties agree to use arbitration to the I
extent required under A.R.B. §§ 12-1518 and§§ 12-135.
X. LIMITATIONS
This Agreemem in no way restricts DPS or AND from participating in similar activities with
other public or private agencies,omganizatiion,and indhidmI&Nothing in this agreement
shall be ca ut uod as limiting or expanding atat utory responsibilities of the parties.
SI. EFFECTI Z DATE/DURATION
The terms of this agreement shall beco=effective on My 1,2M5,and shall remafn in
t effect until June 30,2027.All equipment must be received and Bully paid for by June 30,
2027.Any funds unexpended will be de-obligates and re urned to DPS.
X M AVAILABILITY OF FUNDS
Every payment obligation of DPS under this Agreement is cmdltiwed upon the availability
of funds appropriated cw allocated for the paymeml of mach obligation.If funds are not
allocated and avaUabla for the continuance of the Agrowm3l,the Agreement may be
tamed by DPS at the and of the period for which fiords are available.No lia]ra'lity shall
accrue to DPS in the event this provision is eyed,and DPS shall not be obligated or
liable for any f tore payments or for any damages as a mault of termination under this
Pararph•
X1 L CANCELLATION
This Agreement is subject to cancaUation for conflicts of interest underA.R.S.§38-511.
MV. TgRPAWATION
DPS and AND may terminate tba Agreement for convenience cc cause uport thirty(30)days
written notice to,the other party. Upon termination,DPS shall pay all owing amounts up
Page 2 of 3
DPS Contract:2025-315
through the time upon which the temimation becomes effective.All property purchased by a
party pursuant to that parry's respective duties pursuant to this Agreement shall be returned to
the purchasing party upon termination of this Agreernwd for any reason.
Any notice required to be given under the Agreement will be provided by mail to.
Milne Dodd,Budget Officer Michael Pooley,Chief of Police
Arizona Department of Public Safety Apache Junction police Department
P.O.Box 6638,Mail Drop 1330 300 E Superstition Blvd
Phoenix,AZ 85005-6538 Apache Junction,AZ 851 L9
XV. VALIDITY
This document contains the entire Agreement be twain the parties and may not be modified,
amended,altered or extended except through a written amendment signed by all parties.If
any portion of this Agreement is held to be invalid,the remaining provision shall not be
affected.
The parties hereto have used this Agreemjw to be executed by the proper officers and
officials.
STATE OF ARIZONA
BY: DATE:
Jeffrey D. er, hector
Arizona Frepartment of Public Safety
APACHE JUNCITO POLICE DEPARTMENT
BY: A DATE:
Michael Pooley, of Police
BY: DATE:
Name,position T
BY: DATE:
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