HomeMy WebLinkAbout2019-03-19 City Council Regular Minutes YxCity of Apache Junction, Arizona
Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
City Council Meeting Apache Junction,AZ
85119
www.ajcity.net
Ph:(480)982-8002
Tuesday,March 19,2019 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Serdy called the meeting to order at 7:02 p.m.
B. INVOCATION L I
Vice Mayor Wilson gave the invocation and Councilmember Rizzi 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
Thomas Kelly,Chief of Police
Kathy Connelly,City Clerk
Jennifer Pena,Deputy City Clerk
Al Bravo,Public Information Officer
Larry Kirch,Development Services Director
Dave Zellner,Building Official
Mike Weaver,Public Works Director
Present: 7- Mayor Serdy
Vice Mayor Wilson
Councilmember Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Struble
Councilmember Schroeder
D. CONSENT AGENDA
Councilmember Barker moved and Vice Mayor Wilson seconded that the consent agenda be
accepted as presented.
1. 19-088 Consideration of acceptance of agenda.
The agenda was accepted.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Struble and Councilmember
Schroeder
o: 0
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City Council Meeting Meeting Minutes March 19,2019
2. 19-089 Consideration of approval of minutes of regular meeting of March 5, 2019.
The minutes were approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Struble and Councilmember
Schroeder
No: 0
3. 19-095 Consideration of approval to enter in an agreement with Roadway Electric,
LLC for traffic signal repair services through the City of Mesa Cooperative
Contract#2017135 for one (1)year in an amount not to exceed$100,000.00
with an option to renew annually, not to exceed two (2)years.
The Agreement with Roadway Electric LLC was approved.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Struble and Councilmember
Schroeder
No: 0
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
There were no presentations.
F. ANNOUNCEMENT OF CURRENT EVENTS
4. 19-090 Announcement of current events from mayor and councilmembers.
Councilmember Barker recapped the award recipients from the Apache Junction Police
Department's Annual Award Ceremony. Many female officers,civilian staff,and volunteers were
recognized. Auxiliary Lieutenant Will Haynes received officer of the year.
Saturday,March 16th she attended LibraryCon which drew a tremendous crowd. She attended
the Genesis and food bank volunteer luncheon.There were over 100 attendees.
Councilmember Rizzi thanked all the volunteers,staff and the Police Department for all their hard
work and service. She attended the Blues and Brews Festival and noted it was standing room
only. The number one request she received was to make the festival a two-day event rather than
one.
Councilmember Struble stated it was rewarding to hear all the accolades at the Police
Departments Awards banquet the other night. Many of these stories are never heard on the news.
It exemplifies what our police and city staff handle on a day to day basis.
Councilmember Evans announced she attended the Superstition Mountains Music Festival that
was hold on Saturday,March 9th at Earth Heart Park and how wonderful the event was even
though the weather was a bit chilly. She announced Development Services would be holding a
meeting March 20th and would like to hear from the public on the General Plan.
Vice Mayor Wilson recapped the highlights of the AntiqueTractor show with over 3,000 attendees.
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City Council Meeting Meeting Minutes March 19,2019
He announced the Pinal County Fair on the weekend of March 23rd. There will be an auction of
animals,roping tricks,and Clown College.
Mayor Serdy announced an audience member,Jacob was present from Boy Scout troop 970 and
was working on credits toward his Merit badge.
G. CITY MANAGER'S REPORT
5. 19-091 City manager's report.
City Manager Bryant Powell announced the city would be holding a celebration of life for Jeff
Bell,former Parks and Recreation Director,on Sunday March 24th at 3:00 PM at the Multi-Gen
center which he was instrumental with designing.
He then introduced Hudson Klink from Resolution Copper who would be providing an update on
the mining operation project.
6. 19-093 Presentation and discussion by Hesston Klenk, Resolution Copper Manager
of Governance,Assurance& Engagement, on the Resolution Copper Project.
Mr.Klink provided a summary overview on the progress of the clean-up of the previous mining
waste disposal and estimated dates for the next phase of implementation.
Current projects consisted of sinking a second shaft for worker safety and having two points of
access and evacuation of workers. He stated this project has been ongoing and takes some time
to complete. They are still working on various permits and conducting environmental impact
statements.
He then provided a bit more in depth information on the state in which the mining tailings would
be stored adn alternative locations still being reviewed. He stated the tailings will be left in a
semi-wet state. This was the best choice of the three alternatives. If they were to be dried out
completely,known as"dry-stack",it would cause environmental issues becuase when a dry-stack
gets wet the pyrite remnants becomes oxidized creating an acid;that was the lake of waste
council saw in a previous slide and was all brown and merky. The full wet state,known as
"slurry"is extremely heavy and is not cost effective as far as transport or for storage purposes;a
dam would need to be built to hold it.
They have developed several community partnership programs starting with the City of Superior.
They are working with the high school and local college students creating internships and
specialized course work needed for this unique type of mining and will start a Multi-Gen center
within the next 5 years based on the Apache Junction design.
H. PUBLIC HEARINGS
7. 19-097 Consideration of application for a new Series 9 Liquor Store license,
#09110048, and a Sampling Privileges license for Fry's Food & Drug#665
located at 150 E. Old West Highway, Apache Junction, AZ 85119. The next
step in the process is for the council to hold a public hearing on the application
and make a recommendation for approval or denial to be forwarded to the
Arizona Department of Liquor Licenses and Control.
Mayor Serdy opened the public hearing.
City Clerk Kathy Connelly provided an overview of the proposed Fry's series 9 license request and
stated recommendations of approval were received by the planning division,police department
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City Council Meeting Meeting Minutes March 19,2019
and the fire district. A recommendation of disapproval from the building and safety division had
been submitted.The applicant was present for any questions.
Jeffrey Miller,applicant for Fry's Food and Drug store#665 reviewed the license application
explaining that Fry's held two series 9 license and has to rotate them from inactive to active
within a 3 year period or they will lose them. They currently do not have a location for the
second license,so they will inactive the current license at Fry's and activate this one and will
continue to rotate until they have another location for the second license. The application has a
sampling privilege license affiliated with it,and they understand the comments from the planning
and safety division and to that extent he stated usually sampling privileges are in the area where
the wine and other liquors are located.
Mr.Dave Zellner,Building Official stated the city had previously provided compromises when the
store was built and would prefer the sampling privileges be limited to the area where the beer
and wind and other liquors are shelved.
No further discussion was held and the public hearing was closed.
Councilmember Rizzi moved and Vice Mayor Wilson seconded that the application for Fry's Food
&Drug#665 be recommended for approval to the Arizona Department of Liquor License and
Control.
8. 19-057 Presentation, discussion and possible consideration of Resolution No. 19-01,
declaring as a public record that certain document filed with the city clerk
entitled"2019 Amendments to the Apache Junction City Code,Vol. 1, Chapter
4: Fees,Article 4-4: Development Services Fees®; repealing any conflicting
provisions; providing for severability; and establishing an effective date.
Mayor Serdy reqeusted a staff presentation.
Mr.Larry Kirch,Development Services Director summarized items 8 and 9 stating the notice had
been published and posted in accordance with state statute and Council had seen presentations
on the matter over the last year. It has been 12 years since the city has visited the development
fees and updated processes related to changes in the city code.
In response to comments from Council,Joel Stern,City Attorney stated since 2012 at council's
direction ordinances dealing with fees are to be reviewed every 60 months,and within Ordinance
1469 there is a provision that the fees will be reviewed every 60 months.
Councilmember Barker moved and Councilmember Evans seconded the approval of Resolution
No.19-01,declaring as a public record that certain document filed with the city clerk entitled
"2019 Amendments to the Apache Junction City Code,Vol.1,Chapter 4:Fees,Article 4-4:
Development Services Fees";repealing any conflicting provisions;providing for severability;and
establishing an effective date.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Struble and Councilmember
Schroeder
No: 0
9. 19-058 Presentation, discussion, public hearing and possible consideration of
proposed Ordinance No. 1469, amending Apache Junction City Code,Volume
1, Chapter 4, Fees, by repealing Article 4-4, Planning, Zoning Review And
Subdivision Fees, Sections 4-4-1 through 4-4-12, in its entirety; renaming the
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City Council Meeting Meeting Minutes March 19,2019
article to"Development Services Fees"and adopting new provisions to
replace those noted above; repealing any conflicting provisions; providing for
severability; and establishing an effective date and a revolving sixty month
review period.
Mayor Serdy opened the public hearing,received the staff report regarding the fees,and
receiving no comments,the Mayor closed the public hearing.
Councilmember Barker moved and Councilmember Evans seconded the adoption of Ordinance
No.1469,amending Apache Junction City Code,Volume 1,Chapter 4,Fees,by repealing Article
4-4,Planning,Zoning Review And Subdivision Fees,Sections 4-4-1 through 4-4-12,in its entirety;
renaming the article to Development Services Fees"and adopting new provisions to replace
those noted above;repealing any conflicting provisions;providing for severability;and
establishing an effective date and a revolving sixty month review period.
City Clerk Kathy Connelly read by title only Ordinance 1469.
Councilmember Barker moved and Councilmember Evans seconded the adoption of Ordinance
1469 read by title only.
Mayor called a short recess at 7:48 pm.
Mayor reconvened the meeting at 7:53 pm.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Struble and Councilmember
Schroeder
No: 0
I. OLD BUSINESS
J. NEW BUSINESS
10. 19-096 Presentation and discussion on city building code and related city code
updates. Staff will discuss updating the city's building codes to the 2018
edition of the International Code Council Series of Codes.The city's current
code is based on the 2006 edition.
Mr.Zellner provided an update on the city building code and city code as it relates to building
codes. The last adopted international building codes was the 2006 version.He has reviewed and
made changes to the Uniform Administrative Code that reflect those more specific applications to
Apache Junction. The newest release of International Building Codes is the 2018 version. Mr.
Zellner highlighted the different trade areas covered in the 2018 International Building Code,
highlighting several of them.
Mr.Joel Stern,City Attorney,stated before the city can adopt these updates there is a process
that needs to be followed. The announcement of the change is published and then there is a 60
day waiting period for public comment. Once the Ordinance is adopted,becomes effective,there
is a 30 period defined by statute before the fees can be assessed.
11. 19-094 Discussion on length of mayoral and councilmember positions term of office,
Mayor Serdy opened the discussion on the length of term for the mayoral and councilmember
positions.
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City Council Meeting Meeting Minutes March 19,2019
The Mayor stated he had been approached by several residents on changing the length of the
term for the office of Mayor. Currently the length of term for Mayor is two years,Councilmembers
serve 4 year terms. The City has no limit on the number of terms an individual can serve. After
lengthy discussion on whether the term should be changed from two years to four yearrs for the
Mayor,the discussion then focused on how an item like this would be presented. Would the
change be initiated by the residents in the form of an Initiative,or could Council just vote to
change the term length? Would this have to go to an election? If so what might be the cost?
The City Council then held lengthy discussion on whether there should be term limits.
The general consensus of the council was that the residents already set term limits,by voting.
There was no further discussion on extending the term of office for the Mayor's position,or setting
term limits for Council.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
12. 19-092 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M.for Monday,
April 1, 2019 and Executive Session at 6:00 P.M. and Work Session at 7:00
P.M. for Tuesday,April 2, 2019 in the city council conference room and city
council chambers located at 300 E. Superstition Boulevard,Apache Junction,
Arizona, respectively. Other meetings if necessary.
Councilmember Barker moved and seconded by Councilmember Rizzi that an executive session
at 6:00 P.M.and work session at 7:00 P.M.for Monday,April 1,2019 and an executive Session at
6:00 P.M.and work session at 7:00 P.M.for Tuesday,April 2,2019 be held in the city council
conference room and city council chambers located at 300 E.Superstition Boulevard,Apache
Junction,Arizona,respectively.
Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Struble and Councilmember
Schroeder
No: 0
M. CALL TO PUBLIC
James Boerigter—1054 E Roosevelt,Apache Junction,AZ 85119,wanted to address the noise
issue. It has increased significantly since 1980 and the significant number of bars has increased
the late evening noise. He also stated the bar that backs up to his property was recently
purchased and they have been conducting major renovations and he has not seen a permit
posted on the property for the work that is being done.
Braden Biggs—Community Programs Manager from the United Way,announced they are
launching the summer PB&J kick off. They will be collection 300 jars of peanut butter and jelly
until the end of April that will help feed children in the Apache Junction Unified School District.
He stated one child out of 4 reside in an insecure food household. The weekend back pack
program makes sure kids have food for the weekend. They can make 15 sandwiches from a 15
oz.jar of peanut buffer. The competition is on and he hoped community businesses will either
partner with each other or challenge each other to help with the drive.
N. ADJOURNMENT
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City Council Meeting Meeting Minutes March 19,201
Mayor Serdy adjourned the meeting at 8:48 p.m.
ACCEPTED THIS ` DAY OF ' 2019, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF PE JUNCTION,AIZO .
SIGNED AND ATTESTED TO THIS DAY OF 2019.
JFF *
Mayor
ATTEST:
HLEEN CONNELLY
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 m sting of the City Council of the City of Apache Junction,Arizona, held on the
mp� �
day of w, 2019. 1 further certify that the meeting was duly
called and held and that a quorum was present.
a �
Dated this day of 2019.
KATHLEEN CONNELLY
City Clerk
City of Apache Junction,Arizona Page 7