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HomeMy WebLinkAbout2017-05-02 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 2, 2017 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 2, 2017, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Struble led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present: (Councilmember Barker was absent.) City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Interim Public Works Director John Mitchell Development Services Director Larry Kirch REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 1 OF 23 Others Present:Public Information Officer Al Bravo Fleet Services Superintendent Brian Gleave Senior Planner Rudy Esquivias Planning Intern Suleima Barrera Assistant City Attorney/Prosecutor Eric Yuva ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF CONTRACT FOR JANITORIAL SERVICES TO JB SUPERIOR MAINTENANCE SERVICES, LLC UNTIL NOVEMBER 1, 2017 WITH 6 ADDITIONAL THIRTY-ONE DAY PERIODS IN THE AMOUNT OF $22,988.94 PER MONTH WITH AN ANNUAL COST OF $275,867.28 BE RATIFIED; AND THAT THE EMPLOYMENT AGREEMENT WITH THE PRESIDING MAGISTRATE FOR THE PERIOD OF TWO YEARS BEGINNING JULY 1, 2017 AND ENDING JUNE 30, 2019, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy read a proclamation designating May 21-27, 2017 as National Public Works Week and presented it to Fleet Services Superintendent Brian Gleave. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Rizzi announced the Flatiron Park grand opening was a great celebration with a great turn out. Councilmember Rizzi announced she and the mayor attended the annual Boys and Girls Club Yesteryear fundraiser and it was their best year, raising $106,000 thanks to donations and auction participators. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 2 OF 23 Councilmember Rizzi announced she and the mayor attended the United Way Mayors' Breakfast where they discussed the homeless issue. Councilmember Rizzi announced she attended the East Valley Opiod Committee but could not stay for the entire meeting.Maricopa County is trying to come up with solutions for addicts that are arrested for small crimes and how to keep them from returning. Councilmember Rizzi announced most of the council attended the Lost Dutchman Marathon and it was a wonderful turn out and it has brought a great amount to the community. Councilmember Rizzi announced the council was invited to attend the Apache Junction High School Senior Interviews where they interviewed some of the local seniors.The kids were phenomenal. Councilmember Rizzi announced they were also invited to attend the high school mock crash the fire district put on the night before the prom to remind the seniors of what can happen when texting or drinking.It brought a lot of awareness to the kids. Councilmember Rizzi announced the water district had their water festival where the local fourth graders learned about water conservation.She actually learned something and the learning was fun. Councilmember Rizzi announced the Boys and Girls Club has another fundraiser coming up on Saturday, May 6.It is a cook- off at Tres Banderas with a number of other restaurants involved. Mayor Serdy commented it will be eight different restaurants reminiscent of what a lot of other communities do.There will be mini -sliders.They hope to go to each restaurant afterwards. Councilmember Rizzi announced that on Thursday, May 4, there will be a memorial service at the Pinal County Sheriff's Memorial Wall in Florence to remember fallen officers. Councilmember Struble commented this is the first year he was able to attend the water festival and it was amazing.Anytime REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 3 OF 23 you are around a bunch of kids learning and having fun it invigorates you to make a difference in the world.The park opening was amazing.He had tickets to the Boys and Girls Club fundraiser but stayed at the park to watch the movie that night. The adults were laughing more than the kids.He estimated 100- 150 people stayed for the movie. Councilmember Struble commented he also attended the senior interviews and the kids were amazing.There were mock interviews for jobs to give them experience of what it meant to communicate their goals for the future and how they will make a difference in the world. Councilmember Struble announced he was invited out to Peralta Trail and Four Peaks Elementary yesterday morning to talk to the fifth graders about leadership and the election process.They will be having the student council elections next week.It is awesome to have young people asking questions about how things work.He will be working with the other schools in August.The kids are amazing in the community and we have a great future ahead of us. Councilmember Evans read an email regarding the installation of lights at Earth Heart Park which allows them to have evening events once they have the funding to power them.She thanked the community for their donations. Vice Mayor Wilson commented it was great watching the kids learn about water conservation at the water festival but a lot more fun was when the fire district gave all the kids a shower at the end. Mayor Serdy announced tomorrow is D.A.R.E. graduation at Peralta School and the other schools will do so later in the month. Mayor Serdy announced on May 12 the Apache Junction Vets Center will have 9 or 10 entities that do things for veterans for people to learn all about them. Mayor Serdy announced on May 13 the food bank will be having its annual drive at the county complex. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 4 OF 23 Mayor Serdy commented on the recent passing of Jimmy Eidson who had a big impact on his life.He would not have been the mayor nor have a business without his guidance and support.Funeral arrangements will be next week and they will have an announcement in the paper. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the Lost Dutchman Marathon award night, the public works department and the water festival. PUBLIC HEARINGS ORDINANCE NO. 1446, PZ-12-16, REZONING A 1.2 ACRE PROPERTY AT 980 E. SCENIC FROM HIGH DENSITY MULTIPLE -FAMILY RESIDENTIAL TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT )Planning Intern Suleima Barrera briefed the council on the item. Councilmember Struble commented planning and zoning chose not to do the 33' easement dedication.He asked her to explain what it is and why they would not have done that. Planning Intern Suleima Barrera stated she believes they brought that condition up at the eleventh hour.There appeared to be confusion over what they were asking for at that point. Councilmember Struble asked what the terminology means. Development Services Director Larry Kirch stated throughout various parts of the city, especially in the Y area and north and south of Lost Dutchman, these areas were federal land in 1938.They were broken up into large lots either 5, 10 or 20 acres.The federal government put out easements for access to these properties.They are called federally patented easements.They are for future roadways and REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 5 OF 23 utilities.Throughout this area the city has been granted by the federal government easements, in this case 33' easements on Scenic.The property dimension is 159' X 330'.A typical lot would be a little wider than 159'.That would have been 1.25 acres.They are asking for the city to be granted, instead of us having an easement for roadway purposes, that the owner dedicate that land to the city for future roadway purposes.In state law, during a rezoning the city can ask for the dedication of converting the easement to outright city ownership.He apologized for not bringing it up during the staff report or earlier in the discussion with the planning commission.He thought it was important they present this idea.They ask for a dedication during most rezonings.It is property the property owner owns but they cannot build on it or use it because it is encumbered by utility and roadway easements. Councilmember Struble asked how big .05 of an acre is. Development Services Director Larry Kirch stated it would be 330' by maybe a foot.He does not know what it is short.The depth of the lot is 330 feet. There is probably a little bit of history to this property. When the property was divided from 2.5 acres one lot ended up being a little bit larger and one smaller.By that circumstance they could technically not have horse privileges by the code. Councilmember Struble commented it would be 330' by one foot. Development Services Director Larry Kirch stated it may be but he did not really know. Councilmember Struble commented that is roughly. Development Services Director Larry Kirch stated a realtor in the audience advised it is four feet.It would be 330 feet by 4 feet.That is what the lot is short. Councilmember Evans asked if they would be filing for non -conforming approval. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 6 OF 23 Development Services Director Larry Kirch stated the planned development is taking care of that.By using the planned development overlay, essentially, by the council using that tool, they are saying they are going to rezone this.It is really not the fault of the applicant that they ended up acquiring property that they thought had horse privileges.Her attorney can explain that.Staff feels they can use the planned development to do a little bit of negotiating.That is where they thought there could be a little bit of landscaping on Scenic.It may be the first and only house on Scenic but they have to start somewhere.They are also asking for the street dedication, which is typical.They should have put that in the staff report. Councilmember Waldron asked if the applicant knows about the five recommendations. Development Services Director Larry Kirch stated they do.The fifth one came up during the planning commission meeting and number two was the staff recommendation.The planning commission in their role decided their vote was not to include number two or five.Staff is still recommending them. Vice Mayor Wilson asked if they are going to start pushing people to have landscaping in their front yard.He asked if that is the goal in the Y area. Development Services Director Larry Kirch stated staff will ask for it when there is a rezoning.It is the council's prerogative if they think it is important or not.The staff recommendation is to have it.They have done a couple just around the corner in another one of these rezonings. Councilmember Rizzi commented southwest of this property is a zoning of RSGR.She asked what that is. Development Services Director Larry Kirch stated it is single-family on 1.25 acre lots. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 7 OF 23 Planning Intern Suleima Barrera stated it is low density single-family. Councilmember Rizzi asked if they can have horses. Development Services Director Larry Kirch stated they can.RS is multiple dwelling and you cannot have horses there plus it is not 1.25 acres.It is .05 acres short.That is the whole purpose of the rezoning.They could have been fine with RM2 but they were short the 1.25 acres. Councilmember Rizzi commented she is confused as the property just southwest that butts up against Royal Palm looks smaller to her.She asked how it is that they can have horses. Development Services Director Larry Kirch stated he is not sure if they do have horses.There have been subdivisions that did not go through our subdivision process.Before we were a city or earlier in the history of the city they were doing subdivisions.They can have an RSGR zoning and not have 1.25 acres.There are even some smaller lots there.They may own all four of those parcels.On Cactus there are lots that are smaller and have multiple dwelling zoning. There is a little bit of a mish mash. Councilmember Rizzi asked if RSGR can have horses. Development Services Director Larry Kirch stated they can if they have 1.25 acres or if they were to go through this process of the planned development.The planned development overlay allows them to move the setbacks and change some of the criteria.They use planned development a lot around the city where the developer will want a little more density but the city may want more amenities for the residents. It could be an extra park. Assistant City Manager Matt Busby stated there are two requirements to have horses automatically.It has to be RSGR and be 1.25 acres. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 8 OF 23 Development Services Director Larry Kirch stated that is correct. Vice Mayor Wilson commented he would agree with that for this area, but they also have an area that has acre lots and they can have horses. Development Services Director Larry Kirch stated Rudy might be the person to answer that.He is not sure where that is. Councilmember Evans commented she agrees with the landscaping being required.They require it of any developer whether east or west of the Y.Anybody that would build two houses on a single lot has it as a requirement. To be fair across the board, if they exempt one and require others would set up a bad taste in anybody's mouth.They would wonder why they had to do it when others did not. City Manager Bryant Powell stated he remembers on Acacia where the residents there worked with the city to get extra landscaping that will grow over time. That is what the residents out there wanted from us. Mayor Serdy requested the applicant address the council. Mr. Brian Locker, an attorney from Mesa, representing Kathleen Pavicevic, addressed the council.He stated the property was purchased in 2015 because the applicant owns horses.She needed a place for her horses. One of the reasons she moved to Apache Junction is because it is friendly to horses.The MLS listing when she purchased the property said horses were okay.As she got further into the transaction she received the seller's property disclosure statement and in the other conditions and factors it says horse property.She believed she was purchasing horse property.She found out quickly it was not from a neighboring tenant who filed a code complaint which started this whole process.He was brought in for the ADR process through the Association of Realtors.They were able to get some funding from the other party for this real estate transaction to bring this application.One thing that is really key is that the REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 9 OF 23 application is simply a change to conform to the character that already exists in the neighborhood.He showed a picture where the highlighted properties were those with horses.He stated the question is the conditions.They are there to right a wrong that was done.She did not buy into this but she has spent the last two years of her life dealing with it.When considering if any conditions should be placed on this approval, he would appeal that she not be punished further and have to go through additional expense.The zoning committee unanimously decided not to add conditions to this approval.He thinks consideration should be made that another panel has already decided on these provisions.This is a special situation.This whole thing does not create an exception in addressing Councilmember Evans comment.By doing this they are maintaining the status quo and putting the applicant in the position she thought she would be in two years ago. Councilmember Struble asked who is responsible for determining the zoning of the property when someone is purchasing it. Mr. Brian Locker stated that is a sticky question.The buyer but that is overridden when there are affirmative sentences by the seller that are incorrect.At a certain point a buyer is allowed to rely upon the statements of a seller and the real estate professionals that are representing them who had stated affirmatively both in the MLS listing and the disclosure statement.Legally, the answer to the question is normally the buyer but in this case, which the other parties openly acknowledged and provided funding for this effort, the seller personally and the seller's agent had legal issues with their representations. City Attorney Joel Stern stated there is also a duty of due diligence from the buyer's perspective.They are supposed to look into it.He believes Mr. Locker is correct that once the other side says it is horse property they can justifiably rely on that representation.If it is wrong, they can sue and there is a causative action.He believes that did happen in this case. Mr. Brian Locker stated they did not initiate litigation because when a real estate REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 10 OF 23 transaction takes place with real estate agents, one of the provisions of the purchase contract in Arizona is that the parties submit to ADR.There was a settlement conference. City Attorney Joel Stern asked what ADR is. Mr. Brian Locker stated Alternative Dispute Resolution.It can take a number of forms. In this case it was in mediation.A professional came in as a neutral party and hashed out a deal.It did not make the applicant 100% whole but it helped in this process. Councilmember Waldron asked what conditions they do not want of the five conditions. Mr. Brian Locker stated they are simply requesting the application be approved exactly as approved by the zoning commission.They would want to remove condition two and condition five that were recommended by staff. They are affirming what the zoning committee recommended. Councilmember Evans commented they are objecting to planting a couple of trees and dedicating 33' which will reduce her property taxes.She does not understand what the 33' problem is.It is something she cannot utilize anyway.It will significantly lower her property taxes. She asked what the objection is. Mr. Brian Locker stated they did the math.It is about a 9% reduction for property values. It is a fairly negligible difference in property taxes.If, at the end of the day, this would be a deal breaker, it would not. She wants her horses.That is the primary issue.The question is how the applicant will be further burdened after she had been through this much.He is specifically talking about the landscaping.She cannot go back to the parties wronged her and say she has to spend an additional $500 on trees and plants and get more money from them.It does not work like that.That is the bigger issue here as opposed to the 33' that was brought up in the eleventh hour.It was clearly from the zoning committee's perspective that it was not something they were entertaining.It is a common quid pro quo exchange for an REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 11 OF 23 applicant.The 33' is not a huge deal; the landscaping is the bigger deal for them.It is more money out of her pocket.It leaves a bad taste in his mouth for the sake of tacking them on. Councilmember Evans commented she does not think it is for the sake of just tacking them on. It is for the city trying to make a better presentation of the city itself.Nobody here does anything just because.It is part of the direction that the city is going in cleaning it up whether it is east of the Y or west of the Y or horse property or not horse property.This is a condition that we require of people.We are not trying to make it extra difficult for her or any harder.She does understand, being a realtor for thirty years, that you do rely on what the MLS tells you.But you also have your own due diligence.She feels bad as she is also a horse person.She understands exactly.You look around and there are horses everywhere around you.The assumption is she bought horse property.The landscaping has been neglected for a long time and she thinks it is important because it does dress up a property.In the long run it would also help her. Mayor Serdy asked if she wanted to see oleanders out there. Councilmember Evans commented she does not.There is a list of ten things she does not want to see there. Councilmember Rizzi asked if the other neighboring horse properties would be required to do the same thing for landscaping.She has had this property for two years and in her mind she should be grandfathered in.She asked why they would require her to have additional landscaping if they are going to make her the same as these other horse properties unless it is already required for the other ones. She does not think it is fair or reasonable.She does think it is punishing her.She asked if the other horse properties in orange in that area are required to have the additional landscaping. City Attorney Joel Stern stated if they ask for a rezoning then staff would probably REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 12 OF 23 recommend that.However, at this time he is not aware of any rezoning unless Larry is. Councilmember Rizzi commented the point is to make her whole in comparison to the properties that are already neighboring her.This is not where she is coming in for rezoning so she can build.In that case she could see the additional landscaping.In this case it does appear to be punishment.That is her opinion.There was litigation with the broker or whatnot.The broker should have had to reimburse staff.They have spent staff time.She asked if they have done anything to make the city whole for the time and effort put in to make this right.It is her understanding this was not the city's error.It was an error on the part of a broker. Mr. Brian Locker stated that would be an opinion that some people might take.It is one he took.He believes that a real estate professional, an agent, and ultimately the seller signs off on the representations made in the MLS agreement, but at the end of the day the seller was responsible and the broker understood there was some exposure for them as well.They both paid; both brokers on both sides and the seller. Councilmember Rizzi commented there has been an effort to make the landowner whole which is only appropriate, fair and reasonable.She asked if there has been any effort to make the city whole for its losses. City Attorney Joel Stern stated the city is not a party to the real estate agreements. It was not litigation, it was alternative dispute resolution which is like a mediation arbitration.There are costs associated with it but as for a viable claim for something like that which the city would bring, he is not sure that would be too successful in court. Vice Mayor Wilson commented he is familiar with the property.The previous owner even had horses on the property and there was a series of complaints several years ago concerning it.He can see how with the equipment that was left on the property that the applicant fell into the belief that it was acceptable to have horses on the REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 13 OF 23 property.He sympathizes with her.He thinks if they are going to try to establish plants and stuff in the areas, they need to go across the board over the entire city and not start out by punishing one person at a time. Mayor Serdy opened the public hearing on the item.There being no on wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Vice Mayor Wilson MOVED THAT ORDINANCE NO. 1446 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Wilson MOVED THAT ORDINANCE NO. 1446, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT NUMBERS 1, 3 AND 4 BE INCLUDED IN THE REQUIREMENTS. Councilmember Waldron asked about number 5, the dedication. Vice Mayor Wilson commented he is not including 5. Mayor Serdy commented he exempted 2 and 5.He asked if that is what he is saying. Vice Mayor Wilson commented about number 5, the dedication. he is not including 5. that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 14 OF 23 City Attorney Joel Stern asked him to repeat the motion. Vice Mayor Wilson MOVED THAT HE RECOMMEND WITH THE FOLLOWING AMENDMENTS BE USED AS 1, 3 AND 5, NOT 2 AND 5. Councilmember Waldron commented the draft ordinance has 1, 2 and 3 in there.He asked if he saw those. Vice Mayor Wilson MOVED WITH THE DRAFT ORDINANCE. City Clerk Kathleen Connelly asked if they are excluding the two additional conditions. Vice Mayor Wilson commented they are excluding the 2 and the 5. Councilmember Struble commented they are excluding the landscaping and the frontage dedication. Mayor Serdy called for a second. Councilmember Rizzi asked which ones they are excluding. Vice Mayor Wilson commented they are excluding the requirement for the landscaping and the dedication. Councilmember Waldron commented he wants to adopt the ordinance as it was drafted. Vice Mayor Wilson commented as drafted by planning and zoning. Councilmember Rizzi SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 15 OF 23 VOTE:3-3 (Councilmembers Struble, Waldron and Evans voted in opposition.) (During the vote Councilmember Struble commented on this particular one he is going to vote no because he thinks they need to have the frontage road dedication.) (During the vote Councilmember Waldron commented he believes they need the dedication as well.) The motion failed. they could do another motion. stated they can do another motion. Vice Mayor Wilson asked if City Attorney Joel Stern City Clerk Kathleen Connelly stated they do not read by title only again. Mayor Serdy called for another motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1446, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT WE ADD CONDITION NUMBER 4 TO READ THAT THE NORTH HALF STREET 33' OF SCENIC ALIGNMENT SHALL BE DEDICATED TO THE CITY. Vice Mayor Wilson commented that would be number 5. Mayor Serdy requested it be back on the screen. Councilmember Waldron commented it would be number 4 in the ordinance because there are three in the ordinance now.This would be number 4. Mayor Serdy asked that they wait until it comes back up on the screen. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 16 OF 23 Vice Mayor Wilson commented he is including number 5 but still eliminating number 2. Councilmember Waldron commented that is correct, except it will be in the ordinance as number 4. City Clerk Kathleen Connelly stated the current ordinance ends at recommendation number 3. If they add number 5 from the screen it will become number 4 in the ordinance. Mayor Serdy called for a second. Councilmember Struble SECONDED THE MOTION. VOTE:4-2 (Councilmembers Rizzi and Evans voted in opposition.) (Vice Mayor Wilson commented during the vote that since they had said this was the lesser of the two evils he will vote yes.) (Mayor Serdy commented he thinks this gets her her horses.) The motion carried with the amendment. RESIDENT INTEREST TO AMEND CHAPTER 8 BUSINESS, ARTICLE 8-8 REQUIREMENTS FOR COMMUNITY AND CIVIC EVENTS, ADDING A PUBLIC NOTIFICATION PROCESS ON OUTDOOR ENTERTAINMENT ACTIVITIES WHICH CREATE NOISE, ODOR, DUST, LIGHTING, VIBRATIONS OR OTHERWISE INCLUDE THE USE OF AMPLIFIED MUSIC IN ANY FORM ) City Attorney Joel Stern stated he had told the parties interested in this item that it would be on May 16, so none of them are here today.This was done back in March.They still have to have the public hearing on it. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 17 OF 23 Mayor Serdy asked if they should postpone this since they sent out the wrong information. City Attorney Joel Stern stated it was not a legal publication.The council asked him to send out an email to the individuals that were interested in the item.It was his mistake and he asked them to continue it to May 16.They still have to have the public hearing in case someone wants to speak on it tonight.He briefed the council on the item. Mayor Serdy opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Vice Mayor Wilson commented they just need a motion to postpone it to May 16. City Attorney Joel Stern stated it is to continue it to May 16. Vice Mayor Wilson MOVED TO CONTINUE THIS TO MAY 16. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF CHAPTER 8 BUSINESS AND CITY REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 18 OF 23 TAX CODE IN ORDER TO MAKE BOTH CODES COMPATIBLE WITH STATE CHANGES IN TAX LAW, RESTORE THE PRE -JULY 2007 MANNER OF LICENSING BUSINESSES, ESTABLISH A MEANS OF MEETING THE NEEDS OF ZONING AND BUILDING CODES, LAW ENFORCEMENT AND PUBLIC SAFETY, CUSTOMIZE REQUIREMENTS TO MEET LOCAL NEEDS WHERE POSSIBLE AND UPDATE TEXT TO REFLECT CURRENT DEFINITIONS AND TERMINOLOGY )City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron asked if it would go to the state first if the city did a liquor license. City Clerk Kathleen Connelly stated it would not.They have a little one now called a permit.It is a percentage based on business licensing.It is around $12.50 a year.It is small.If they created their own liquor license she believes it would be called a permit.They would have their own process for evaluation.That would be assessed on a business license.Some other cities do it and she has done some brief research.Mesa and Gilbert do it but that is as far as she got.In some cases it is several hundred dollars. Mayor Serdy asked who would be writing these ordinances. City Clerk Kathleen Connelly stated she would.She has done them for thirty-five years. Mayor Serdy asked if they can get advice from the business community and see what they are thinking about.He asked is this going to make us appear to be less business -friendly. City Manager Bryant Powell stated that is absolutely in their purview.Tonight is about REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 19 OF 23 giving direction.His recommendation is in whatever direction their direction is to give staff as much flexibility so they can look at their public policy desires to make it as flexible as possible and adroit for staff to allow for the types and quality of events that they want to have in the future for our location. He does not know how they could say that in the motion but allow staff to look at best practices for events. City Clerk Kathleen Connelly stated it would be ideal to get input from any number of people in the community.Sometimes people do not want to pay that extra fee but if we are not able to look at who is in the community versus are we getting our tax money the city will lose a significant amount of money.The same amount of money that may go towards paving roads and paying for other services. City Manager Bryant Powell asked how they could get the business community to review it. He thinks it is a great idea. City Clerk Kathleen Connelly stated one thing she has to mention is that the Chamber of Commerce in 1980 heavily supported this to the point of asking the mayor and council to put it on the ballot.The idea of having a business license in this community did go on the ballot and the voters approved it.That is why this whole thing is in existence. Assistant City Manager Matt Busby asked if there are many other communities that have already done this. City Clerk Kathleen Connelly stated that is correct.We were a non -program city and we have been forced to become, kicking and screaming, a program city. The vast majority of cities and towns in the state were still program cities.They had their tax license and in most cases they had a parallel business license, which is what we had prior to July of 2007. Mayor Serdy closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 20 OF 23 Councilmember Evans MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO CITY CODE CHAPTER 8 BUSINESS AND THE TRANSACTION PRIVILEGE TAX FEE PORTION OF THE CITY TAX CODE:TO DO A COMPLETE REVIEW OF CHAPTER 8 AND THE SALES AND USE TAX FEE PORTION OF THE CITY TAX CODE IN ORDER TO MAKE THE TEXT COMPATIBLE WITH CHANGES IN STATE TAX LAW; TO RESEARCH AND BRING BACK RECOMMENDATIONS IN CHAPTER 8 FOR THE RESTORATION OF THE PRE -JULY 2007 MANNER OF LICENSING BUSINESSES; ESTABLISH A MEANS OF MEETING THE NEEDS OF ZONING AND BUILDING CODES, LAW ENFORCEMENT AND PUBLIC SAFETY; CUSTOMIZE REQUIREMENTS TO MEET LOCAL NEEDS WHERE POSSIBLE; UPDATE TEXT TO REFLECT CURRENT DEFINITIONS AND TERMINOLOGY; RETAIN PORTIONS OF THE TEXT THAT ARE NECESSARY TO MEET LEGAL REQUIREMENTS; AND TO DO RESEARCH THAT WOULD ALLOW THE CITY TO ISSUE A LOCAL LIQUOR LICENSE AND THE RELATED FEES, REVIEW AND APPROVAL PROCEDURES. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. (During the vote Vice Mayor Wilson wanted to verify an aspect. He likes the idea of going to the business community as well to get their input and it will be included in this as well.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Mayor Serdy called for a motion on the next council meetings. Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 15, 2017, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, MAY 16, 2017 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 21 OF 23 VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Wallace Rodgers, 11050 E. Apache Trail #39, Apache Junction, addressed the council regarding stray and feral cats near 350 S. Silver Street. ADJOURNMENT )Mayor Serdy adjourned the meeting at 7:55 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 18, 2017. 3. Consideration for approval on the ratification of award of contract for janitorial services to JB Superior Maintenance Services, LLC in the amount of $22,988.94 per month with an annual cost of $275,867.25. 4. Consideration of approval of employment agreement with presiding magistrate. //,-1//ACCEPTED THIS 14r DAY OF / 4 4 y , 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF AP CHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS /DAY OF M A X , 2017. JEFMERDY Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 22 OF 23 ATTEST: KATHLEEN 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 meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of May, 2017.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of May, 2017. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 2, 2017 PAGE 23 OF 23 CITY COUNCIL SPECIAL MEETING MAY 15, 2017 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on May 15, 2017, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present: (Councilmember Barker was absent.) City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Interim Public Works Director John Mitchell Parks and Recreation Director Liz Langenbach Finance Director Donna Meinerts Development Services Director Larry Kirch Human Resources Director Liz Riley Economic Development Director Janine ' Solley SPECIAL MEETING OF THE CITY COUNCIL MAY 15, 2017 PAGE 1 OF 5 Others Present:Public Information Officer Al Bravo Court Administrator Shelly Fulcher Management Analyst Anna McCray RESOLUTION NO. 17-11, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS ENTITLED "CLASSIFICATION PLAN FOR FISCAL YEAR 2017-2018", "CIVILIAN COMPENSATION PLAN FOR FISCAL YEAR 2017-2018", "RECRUIT AND SWORN COMPENSATION PLAN FOR FISCAL YEAR 2017-2018" AND "CITY OF APACHE JUNCTION FLAT AND HOURLY SALARY SCHEDULE FOR FISCAL YEAR 2017-2018") )City Manager Bryant Powell briefed the council on the item. City Clerk Kathleen Connelly stated the two items they have tonight are, the first one, the adoption of the classification and compensation plan for the next fiscal year.It includes the classification plan which is the list of positions and the three attachments which are the civilian non -police department compensation plan, the police department compensation plan for sworn officers and a new one which is the flat and hourly schedule.Tonight is the only night they will be seeing that.They will adopt that tonight and they do not need to adopt it again as part of final budget adoption.The second resolution follows a public hearing.They do not have a public hearing on the first one, the classification and compensation one.After the public hearing they will look at Resolution No. 17-12 which is the adoption of the tentative budget. Councilmember Rizzi commented they have asked all their questions and staff has been very helpful in answering everything.They appreciate that. Mayor Serdy commented when he started the meeting he misquoted, calling it the work session. This is an actual council meeting and we will follow those rules.He called for a motion. SPECIAL MEETING OF THE CITY COUNCIL MAY 15, 2017 PAGE 2 OF 5 City Manager Bryant Powell stated this is a public hearing. City Clerk Kathleen Connelly stated the classification plan and compensation plan is not a public hearing. Councilmember Evans MOVED THAT RESOLUTION NO. 17-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION CLASSIFICATION PLAN FOR FISCAL YEAR 2017-2018"; "CITY OF APACHE JUNCTION CIVILIAN COMPENSATION PLAN FOR FISCAL YEAR 2017-2018"; "CITY OF APACHE JUNCTION RECRUIT AND SWORN COMPENSATION PLAN FOR FISCAL YEAR 2017-2018"; AND "CITY OF APACHE JUNCTION FLAT AND HOURLY SALARY SCHEDULE FOR FISCAL YEAR 2017-2018"; AND DECLARING AN EMERGENCY, BE APPROVED. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly stated the next step is to call for a public hearing so that if anyone is present and wants to speak on the proposed budget this is their opportunity to do so. Mayor Serdy asked if they should do that before they move on to the next item. City Clerk Kathleen Connelly Stated that is correct.Right now they are looking at a public hearing and he can ask the public if anyone wishes to speak. Mayor Serdy opened the public hearing.There being no one wishing to speak, he closed the public hearing and moved on to the next item. SPECIAL MEETING OF THE CITY COUNCIL MAY 15, 2017 PAGE 3 OF 5 RESOLUTION NO. 17-12, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2017-2018 AND GIVING NOTICE OF FINAL BUDGET ADOPTION )Assistant City Manager Matt Busby stated they just had the public hearing on this item and he can call for a motion to adopt. Mayor Serdy called for a motion. Councilmember Rizzi MOVED THAT RESOLUTION NO. 17-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2017-2018, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE FISCAL YEAR 2017-2018 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, AND DECLARING AN EMERGENCY, BE APPROVED. THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT motion to adjourn the meeting. ADJOURN THE MEETING. THE MOTION. There was no vote. SPECIAL MEETING OF THE CITY COUNCIL MAY 15, 2017 PAGE 4 OF 5 Councilmember Evans SECONDED )Mayor Serdy called for a Vice Mayor Wilson MOVED TO Councilmember Rizzi SECONDED Mayor Serdy adjourned the meeting at 7:19 p.m. ACCEPTED THIS laf DAY OF jimie , 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF Nzh N e , 2017. ATTEST: KATHLEEN CONNELLY City Clerk Q11 1utwiibhiKM Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 15th day of May, 2017.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 17th day of May, 2017. LEA KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 15, 2017 PAGE 5 OF 5 CITY COUNCIL REGULAR MEETING MAY 16, 2017 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 16, 2017, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present: (Councilmember Barker was absent.) City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Interim Public Works Director John Mitchell Development Services Director Larry Kirch REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 1 OF 28 Others Present:Public Information Officer Al Bravo Planning Intern Suleima Barrera Planning Intern Lindsay Bresnahan Assistant City Attorney/Prosecutor Eric Yuva ACCEPTANCE OF CONSENT AGENDA )Councilmember Waldron MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced last Friday he and the mayor attended the second annual Stand Down at the Veterans Center where they talked about the homeless.The new director of the Phoenix Veterans Administration attended and answered a lot of questions. Councilmember Struble announced he attended some D.A.R.E. graduations over the last couple weeks and there will be a couple more.It is a great way to recognize the graduates. Councilmember Struble announced last week the high school R.O.T.C. program had their awards and advancement ceremonies and it was humbling to watch them. Mayor Serdy commented the D.A.R.E. graduations last week were Peralta and Desert Vista.Tomorrow is Avalon Academy and Four Peaks.He commended Officer Harshman for his awesome job at that. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 2 OF 28 Councilmember Rizzi commented she wanted to thank the school district for their efforts in inviting staff and council to their functions.She appreciated their recognition that they need to work together. Mayor Serdy announced the high school graduation ceremony is next Wednesday, May 24 at 6 p.m. Mayor Serdy announced the services for Ed Barker were last Saturday and a lot of the community turned out for that. Mayor Serdy announced on June 1 the Chamber of Commerce Awards Banquet will be held at Dolce Vita.It is awards for businesses, teacher of the year and fireman of the year. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the Chamber of Commerce awards banquet, community service team and inmate team cleaning the city and the taxpayer education workshop. Assistant City Manager Matt Busby gave an update on the monthly financial statement. PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR A -PLUS PRODUCT SOURCE )City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council. Ms. Lorena Parenti, 832 N. Main, Apache Junction, addressed the council.She opened the business in March and was there to answer any questions. Mayor Serdy commented with the 202 connecting there it is busier than it was 10 years ago. This would be a good idea.He then opened the public hearing on REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 3 OF 28 the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Rizzi MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR A -PLUS PRODUCT SOURCE, SUBMITTED BY LORENA PARENTI, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 18 LIQUOR LICENSE FOR COBBS RESTAURANT AND LOUNGE )City Clerk Kathleen Connelly briefed the council on the item. Mayor Serdy requested the applicant address the council. Mr. Duane Carble, 447 N. 111th Place, Mesa, addressed the council. Councilmember Waldron asked where they stand with all the violations that building found. Mr. Duane Carble stated he thinks they are on the same page with some of the issues he has. He was not completely understanding what they were looking for. He now understands completely what they need.Some of the issues are not as serious as they appear.Some of them have been fixed already.Some have not.He is negotiating right now with purchasing the property.The landlord is not really helping them with much.A lot of it is going to come with him. He needs to have the agreement in hand before he can start on some of the major renovations. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 4 OF 28 Councilmember Waldron asked what the timeline is to getting the agreement and moving ahead with correcting everything. Mr. Duane Carble stated he was told today that a portion of it was signed today.He should see something by the end of this week.He was supposed to have it in hand two weeks ago. Councilmember Evans commented he has not purchased the property yet. Mr. Duane Carble stated they are in the process of that now. Councilmember Evans asked how that affects the liquor license with his not being the owner of record. City Clerk Kathleen Connelly stated the owner of record of the location really has no bearing on the liquor license application.The state does not look at property ownership.It is not unusual for somebody to be leasing a property and still applying for a liquor license. Councilmember Evans commented he does not have a lease on it, either. Mr. Duane Carble stated he does have a lease on it. Councilmember Evans commented he does have a lease on it. Mr. Duane Carble stated the renovations are extensive.At this point it needs to be his property before he moves forward and starts renovating it. Councilmember Evans commented she understands that completely.She asked where this falls timewise in getting that remedied for approval.The list that they have looks extensive.Some of them are safety issues.She asked if they can continue this. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 5 OF 28 City Clerk Kathleen Connelly stated they can.They have 60 days from the date he filed the application with the state which she believes was April 17. They can continue this to the next meeting which is June 5 or 6 and still be within that 60 days. Councilmember Evans asked if that would still give them enough time to complete the violations if we just continue this until the next meeting. Mr. Duane Carble stated it would.It would be plenty. Assistant City Manager Matt Busby stated staff has sat down with Duane and we are working closely with him.We all agree it would be in the best interests for everyone to continue this to June 6. Mayor Serdy commented this is the type of thing that everyone has been asking for.They want microbreweries and distilleries and for them to become a destination.This helps us become that.He has also changed up the menu.He has smoke food. Mr. Duane Carble stated he has a lot of smoke food and things like that.He thinks the barbecue and microbrewery will go hand -in -hand. Mayor Serdy commented he is open for business now with the regular restaurant part. Mr. Duane Carble stated he is. Mayor Serdy opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 18 LIQUOR LICENSE FOR COBBS RESTAURANT AND REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 6 OF 28 LOUNGE, AS SUBMITTED BY DUANE CARBLE, BE CONTINUED TO JUNE 6, 2017 CITY COUNCIL MEETING. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1447, CASE PZ-1-17, CITY -INITIATED REZONING OF EVELYN SUBDIVISION FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL CONVENTIONAL HOME PERMITTED TO MEDIUM/HIGH DENSITY SINGLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT, CONVENTIONAL HOUSING PERMITTED )Development Services Director Larry Kirch provided the initial briefing on the item and introduced the two planning interns, Lindsay Bresnahan and Suleima Barrera, for an additional briefing. Planning Intern Lindsay Bresnahan briefed the council on the item. Mayor Serdy opened the public hearing on the item. There being no one wishing to speak he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1447 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 7 OF 28 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1447, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1448, CASE PZ-2-17, CITY -INITIATED CORRECTIVE REZONING TO REZONE HUGHES PLACE SUBDIVISION ON OCOTILLO DRIVE BETWEEN W. 1ST AVENUE AND W. BROADWAY FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL, CONVENTIONAL HOUSING PERMITTED TO MEDIUM/HIGH DENSITY SINGLE-FAMILY RESIDENTIAL BY PLANNED DEVELOPMENT, CONVENTIONAL HOUSING PERMITTED )Planning Intern Suleima Barrera briefed the council on the item. Councilmember Evans asked what the average age is of these homes. Planning Intern Suleima Barrera stated the original plat map is from 1951. Councilmember Evans commented she stated the accessory buildings would have to be moved out of the right-of-way from where they are at.One slide shows a mobile home sitting there as well.That is non -conforming.She asked if that is going to be accepted. Development Service Director Larry Kirch stated there are some properties, like the mobile home and some duplexes on the left, where there may be a letter of nonconformity.He thinks there are four on this street and REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 8 OF 28 maybe one or two on another street.They can go through a process, and he believes one of the gentleman is in the audience tonight for the one on the left where he is a caregiver for a person that lives in the home.If it was there prior to 1985, like a lot of things that have happened in the city, they have vested rights in the city and can stay there.They can apply for a lawful letter of nonconformity.They are trying to reduce those nonconformities as possible.That is why they see some of those with four or five lots.That is what the planned development overlay does.It allows for the 3' setbacks or list the five lots that only have to be 3,000 or 4,000 square feet. We are essentially saying with the planned development that lots 1-5 can be smaller than 5,000 square feet. Councilmember Evans asked about the one that is on the right. Development Services Director Larry Kirch stated that may be just a code violation that they will have to address.He believes the one on the left has been there since 1985. Councilmember Evans commented it is prudent for them to apply for the letter. Development Services Director Larry Kirch stated that is correct.They may put that in the letter.One of the other parts of this is if they have the duplex, the 50% rule still applies.They may have a nonconformity and they can add to one but the other cannot be remodeled over the 50%.The one they can invest in right now but it is tough to do either because it may not have the setbacks.That is the other part of this.If they have a sixplex, and there is one, that is a legal nonconforming use as it was there prior to 1985.They can paint it or put a new roof on it but they cannot make it a seven unit.The one on the left he believes is a lawful nonconforming use and the one on the right may or may not be a violation. Councilmember Evans commented there are just so many of these.Many of them are not on a recorded document.That is why she is asking the question as to REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 9 OF 28 when they start making these a recorded document that proves a legal nonconforming use. Development Services Director Larry Kirch stated they do not have to record a legal letter of nonconformance.It is probably a good idea to record it but they are not required to. Councilmember Evans commented at this time it would benefit them greatly to do that. Development Services Director Larry Kirch agreed. Councilmember Evans commented that maybe that needs to become part of the process. Development Services Director Larry Kirch stated this may be step one, getting as many as possible to have at least conforming lots.They do not have to have 10,000 or 7,000.These lots were originally 6,000.They were 60' deep and 100' wide.A lot of it relates to people moving lot lines back and forth probably before the city was a city.This may not solve 100% of the problems but he thinks it gets a lot of the folks to be able to invest in their properties. City Attorney Joel Stern asked if he could explain how a letter of lawful nonconformity works administratively including how the research is done and how the application process works because he thinks that needs to be explained in a little more detail. Development Services Director Larry Kirch stated in the zoning code there is a provision that allows a property owner to apply for a letter of lawful nonconformity.The burden of proof is on them, not necessarily the city.They have to provide a level of evidence that could be affidavits from previous property owners, aerial photos or photography that shows the house in 1968 or whatever it is. They have to have some kind of evidence that says what was here was here before March of 1985.They apply for that, they can go through their findings of fact and then do an analysis.Staff REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 10 OF 28 can then say it was there before March 1985 or that it was not. They have the ability to appeal our letter.They can go to the board of adjustment if they think staff missed something or was in error. City Attorney Joel Stern stated the letter itself can be recorded because it is basically a land use right that would be associated with the land.It would run with the land which means successive owners would have the same right.They would step in the shoes as if they were the person who applied for the letter of lawful nonconformance. Development Services Director Larry Kirch stated the big difference is that the other subdivision has a 20' setback.If they look at the other subdivision virtually everybody complied with the 20' setback but here, because the lots are only 60' deep, they decided to go down to an 8' setback and even then there would be a few encroachments.They were asked about the 3' setback.It is safe but not ideal but it is a setback they allow in RV parks. It provides some level of safety but they are not going to go around and ask people to move their yard shed.It is up to them if they want to do that. Vice Mayor Wilson commented it looks like the one on the right that is back one more slide is actually over the property line.He asked what happens here. Development Services Director Larry Kirch stated that would be an issue between the neighbors. If there is an encroachment there could be an adverse possession issue.That would be between the property owners and a civil matter.They are not going to step into that.It is the way the tax bill comes and it shows their property line.One thing he has to point out with the GIS is that they are looking at plats from 1949 and 1951.As they were looking at the assessor data and trying to line up maps exactly where that lot line is, it is not necessarily what they see on the screen.It is close but it could be off a few feet.They can see on that one there is kind of a fence that is in between showing the lot line and possible encroachment but it is really unknown until they go out to the property and do a survey.There may not be an encroachment there. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 11 OF 28 Vice Mayor Wilson asked if they are recommending they do a survey of their property. Development Services Director Larry Kirch stated that is up to them.They are not going to ask folks to do that.They can see between those properties there appears to be a fence and the one building is right up to it.Where the lot line is it may be slightly different than what they see on the map.These are not survey maps, they are GIS maps using Salt River Project's parcel data. Councilmember Evans commented she wanted to thank them as this is an immense amount of work to get these documents together.They did a good job. Development Services Director Larry Kirch stated it was the property owner that said he wanted to do something with these properties.It probably could have been fixed a long time ago but they really appreciate Lindsay, Suleima, Rudy and Stephanie and everybody's help and the planning commission for helping out and the neighbors that showed up at the meetings. Mayor Serdy asked if Suleima was finished with her presentation. Planning Intern Suleima Barerra stated she was. Mayor Serdy opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1448 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 12 OF 28 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1448, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT CONDITION NUMBER 10 BE ADDED AND READ "NO REQUIRED PARKING SPACES SHALL BE ALLOWED IN THE RIGHT-OF-WAY". Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 8 BUSINESS, ARTICLE 8-8 REQUIREMENTS FOR A COMMUNITY AND CIVIC EVENTS PROCESS )City Attorney Joel Stern briefed the council on the item. City Manager Bryant Powell stated he had nothing to add except to let them know Al Bravo is here to answer any questions on the current process. City Attorney Joel Stern stated the public hearing process would be whoever wants to speak would have five minutes to speak. Mayor Serdy opened the public hearing on the item. Mr. Jim Duncan, 2745 E. Smoketree Street, Apache Junction, addressed the council.He thanked the city attorney for sponsoring the item.He stated Ordinance No. 1421 was to simplify the community event process and it removed the need to come before the council for every event.Staff would approve the events.Residents learned of the change in 2016 when asking staff why an event was approved REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 13 OF 28 that had a negative impact on the neighborhood.There is nothing in the approval process that allows residential concerns as part of the final decision.The code itself sets up the administrative review process.A few of them came to a meeting and council suggested a review of the ordinance and process. Five neighbors met with the city attorney and other staff in January and they reviewed the process and suggested some recommended amendments.They thought the city attorney would provide a redline draft to the council.There were three very important amendments including the zoning administrator reviewing the application for anticipated neighborhood impact and neighborhood notice of the filing of the event application. The appeal would be performed by the city manager or his designee.They do not add any additional cost or burdens to the process.It may add 5-10 days to the process.They were notified of this item being of this agenda.Many neighbors are here and support these amendments and request the council direct staff to add them into the code.They also asked that any member of the city council that does not support this please give them their opinion as to why. Mr. Mehmood Mohiuddin, 2304 N. Cortez, Apache Junction, addressed the council.He stated has heard these people complaining about the noise.They purchased their property without investigating if there was any commercial property around.Commercial properties are zoned for businesses and the businesses can change.There are plenty of commercial properties on North Apache Trail and someone could start a new business tomorrow.There will be neighborhood people who could be against it.This all started with the Hitching Post and he tried to discuss with them what can be done but nobody came.He would like to be friends with his neighbors and try to make things easier for them.He is trying to help the city.Property taxes go to the county and do not help the city.Business owners generate the revenue and their customers pay the sales tax which goes to the city.Some people have their businesses in Mesa and they do not generate anything for Apache Junction.There is a noise ordinance where noise becomes an issue after 10 p.m.They have bull riding two nights a week and they have a meter to record everything and nothing more than 53 or 54 like a general conversation.Some businesses are being picked on.Harley-Davidson has concerts going on and outdoor REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 14 OF 28 amplified music and no one complains about it although they are only 100 feet away. Mayor Serdy closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Waldron asked if they have a list of the three items Mr. Duncan talked about. City Attorney Joel Stern stated he was not directed to put those in the materials tonight by council.What they are is the zoning administrator would review the application, the notice of the filing of an application would be put out to the residents either on the internet or in some kind of press release or by mail for those within 300' of the location where the business was going to have a special event and there would be an appeal process that would either go the city manager or the council.Those were the general issues. Councilmember Waldron asked how that would differ with what is being done now. Public Information Officer Al Bravo stated currently an applicant who wants to hold a special event, whether it falls under this particular definition or otherwise, goes through an administrative review that he starts and the clerk's office may be involved in.They review the particular issues of the application and it goes forward from there.If there is a particular issue that comes in from any of the reviewers, whether it is development services or any other office, then that application might get questioned.There is not a lot more that his office handles, depending on the nature of the event, as far as informing anyone.If it is a private event any kind of marketing will be done on their own. Councilmember Waldron asked if there is any appeals process. Public Information Officer Al Bravo stated there is not unless someone were to point out a REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 15 OF 28 particular issue with any of the reviews.There is nothing in place right now. City Manager Bryant Powell stated over the years, as he has watched different events, it is interesting to see how they develop or not develop.Some events they thought would have a big showing yet very few turned out for it.The Central Arizona College violence walk anticipated hundreds of people walking and they had very few.Some of the early events at Superstition Harley had problems with the speakers and they had to turn them.It is a relationship that gets built over time. Councilmember Waldron commented they do not do them every weekend.It is just special events. Councilmember Struble asked how many times a year would this issue be taken up. Public Information Officer Al Bravo stated they probably see 10-12 special events a year depending on the size that would require the application process.They might be seeing a little bit more as they are seeing a little more activity in the business community in the last couple years and certainly since he has been with the city. Mayor Serdy commented one of the goals of this council and staff is to have more and more events and be more like a tourist area.He thinks in the future they may see more and they can hopefully streamline whatever they can to make it easier to have events. Councilmember Struble commented it would not affect things that would go on a continuous basis. Public Information Officer Al Bravo stated it would not.This does not affect the annual or city sponsored events such Lost Dutchman Days, Festival of the Superstitions or Fourth of July.Those are not affected by this.There is a review in place for those but it is more logistical in nature.These would be proposed events usually REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 16 OF 28 from the business community and sometimes involving nonprofits in the city. Councilmember Struble commented such as the blues festival they had a couple of months ago. Public Information Officer Al Bravo stated exactly.If someone wants to hold a special concert or hold a special event at a particular venue or business; that is exactly where it falls.It is the same thing if a nonprofit wants to hold a walk or wants to hold a fundraising event.Sometimes that falls under that category as well. Councilmember Rizzi asked if there would be an issue if they were to differentiate between city sponsored events and these other events and they have different rules.Someone could say they do not have the rules for the city sponsored events and they are being held to extra rules.She asked if that could come back on the city. City Attorney Joel Stern stated they used to be called special events.That was one category.It got changed in 2015 to community and civic events. There are certain events that the city sponsors and others they do not.Her question is if they have rules for one but not the other and if that would be discriminatory.He would say no as the council has the legislative ability to do that.One comment was made that there is a noise ordinance and there cannot be any noise after 10 p.m.That is not true.There is a noise ordinance but there is no hour.It does not say after 10 p.m. It says there cannot be noise or other types of nuisances that occur that unreasonably interfere with the reasonable use and enjoyment of one's property.It is a general ordinance and nears state law under Title 13.It is hard to change and it takes a considerable number of persons to prove it.It is a difficult case.He stated the prosecutor was present and he could tell them the proof that is required for a criminal case or civil case. City Manager Bryant Powell stated the community events such as the marathon have committees REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 17 OF 28 of their own.Al participates on those.We are very concerned about public safety, health and welfare.There is a committee that goes through a similar review process. Councilmember Evans asked if the application for a special event asks if they are going to have amplified music.She asked how the application actually reads. Public Information Officer Al Bravo stated every application is the same for every special event.It falls under the definitions that we have set.It asks how many people will be there and the nature of the event. Councilmember Evans commented the time of day. Public Information Officer Al Bravo stated exactly.All of the basic logistics and whatnot. They can figure out what kind of event it is.As part of the process for the different departments and himself, if there is any question as to exactly what is going on the applicant is contacted.For a larger event or one that they deem they need to meet with the applicants regarding more effort from the city such as the police department and other issues, they will call the applicant in and have a meeting to go through the logistics. They want to make sure everyone is on the same page. Mayor Serdy commented he sees no suggested motion for this item. Councilmember Waldron commented he would like to see the wording proposed. Mayor Serdy asked if they would be coming back with this. City Attorney Joel Stern stated if they want to see wording, and there were several versions but he was not directed to put that on tonight, they can make a motion to bring it back with wording which would include the renditions and/or city proposed language. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 18 OF 28 City Manager Bryant Powell stated from a point of process and point of order, if council does nothing, from a staff perspective, they will continue to do the process and communicate out in the public. City Attorney Joel Stern stated they can see to bring it back and take a look at some language.If then they want to make a change in the code, they would have to direct staff to write the ordinance.That would take a public hearing.This was a public hearing but it did not have to be.He was asked to put it on the agenda as a public hearing.He would think they would want individuals to be able to address this even at the next one.They could see the language in a version of what would be a code amendment.It would not be in ordinance format.It would be in redline format so they know what is being stricken, what is not being stricken and what is being added. Mayor Serdy commented he appreciated the residents condensing their comments down into one person speaking to save time.He called for a motion. Councilmember Waldron MOVED THAT THIS ITEM BE CONTINUED UNTIL THE JUNE 20 MEETING.He asked if that is the public hearing meeting. City Attorney Joel Stern stated June 20 is a Tuesday night so that could be a public hearing. Councilmember Waldron CONTINUED HIS MOTION WITH AND PROVIDE THE COUNCIL WITH A REDLINE VERSION SHOWING THE PROPOSED LANGUAGE IN THE ORDINANCE. City Attorney Joel Stern asked if that is as the residents requested. Councilmember Waldron commented that is correct. Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 19 OF 28 City Clerk Kathleen Connelly stated she is not sure what the public hearing would be on.She asked if they are asking for preparation of an ordinance. Councilmember Waldron commented no.He was thinking about getting feedback on the proposed ordinance, to get additional feedback based on the redline version. City Attorney Joel Stern stated it is pre -ordinance language. Councilmember Waldron commented that is correct. City Clerk Kathleen Connelly stated at the last meeting they gave her direction to make changes to Chapter 8.This will kind of skew things. City Attorney Joel Stern stated this is related to civic and community events. City Clerk Kathleen Connelly stated she understands but that is also part of Chapter 8. City Attorney Joel Stern stated it is. Mayor Serdy commented there is a motion and second on the floor and asked for a roll call. VOTE:Unanimous. The motion carried. short recess. meeting. OLD BUSINESS Mayor Serdy called for a REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 20 OF 28 Mayor Serdy reconvened the None. NEW BUSINESS RESOLUTION NO. 17-13, ENDORSING AND SUPPORTING THE PINAL COUNTY REGIONALLY SIGNIFICANT ROUTES FOR SAFETY AND MOBILITY UPDATE ) )Assistant City Manager Matt Busby briefed the council on the item. Vice Mayor Wilson asked who they are sending the report to. Assistant City Manager Matt Busby stated the Pinal County Board of Supervisors. Mr. Andrew Smith, Pinal County staff, stated in 2008 they had done the same thing and all the cities and towns as well as the Gila River Indian Community, Ak-Chin and San Carlos Apache Tribe all provided resolutions of support at that time.This is really what they are doing, it is just the next generation of updates to the plan.This is an updated map of what the region should look like. Mayor Serdy closed the discussion with no further comments and called for a motion. Vice Mayor Wilson MOVED THAT RESOLUTION NO. 17-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ENDORSING AND SUPPORTING THE REGIONALLY SIGNIFICANT ROUTES FOR SAFETY AND MOBILITY UPDATE, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 21 OF 28 PERMANENT BASE ADJUSTMENT )Assistant City Manager Matt Busby briefed the council on the item. Vice Mayor Wilson commented this would be at the August not November election. Assistant City Manager Matt Busby stated that is correct. City Manager Bryant Powell stated Kathy Connelly had provided them with a great tool showing the propensity of communities as they have changed in the 2000s.There are some very progressive cities listed. Mayor Serdy commented any city that is growing and doing things has gone to the permanent base adjustment.He will look forward to telling the voters that they have to plead with every 4 years that this is the last time they will have to do this.It will be so easy to do. Assistant City Manager Matt Busby stated they heard that a lot when they were out this last time educating people.They were asked why they have to do this every 4 years. City Manager Bryant Powell stated it is almost like they have been asking for a solution on doing it.It would be a discussion.They would have to really work in the community.They would have to do their facts and tell them about what this is and the authorization they are giving to the community to help manage their own resources within their own authorized budget.It is still the same, the city still has to budget for what is brought in. Mayor Serdy commented he was impressed from the last discussion that Gilbert went from 90,000 people to 250,000 and they were able to provide all the services that were needed.It is a success story. Councilmember Waldron commented it is interesting to note that Colorado City has a permanent base adjustment. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 22 OF 28 Vice Mayor Wilson commented he also looks at the cost of doing home rule every four years. It is a cost to the city. Assistant City Manager Matt Busby stated they could eliminate that additional cost at every election. Mayor Serdy called for a motion. Councilmember Struble asked if they would provide them with the information from the League where the gentleman talked about the exemption.They really have to take that into consideration and how it affects the calculation. Assistant City Manager Matt Busby stated they will.The League produces a large booklet on how to approach the permanent base adjustment, including how to go through it.They also know of several communities that have gone through it recently.As they learn more about it they will share that information with the council. Councilmember Struble commented it works for the process of putting it on the ballot and promoting it.He asked if it is the same basic process as home rule as far as who can talk about it. Assistant City Manager Matt Busby stated that is correct.The same applies to these types of elections. Mayor Serdy called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PERMANENT BASE ADJUSTMENT:THAT THEY LOOK INTO THE OPTIONS THAT ARE AVAILABLE TO US AND GIVE US THE PARTICULARS ON GOING THROUGH PERMANENT BASE ADJUSTMENT. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 23 OF 28 Mayor Serdy asked if they need something in there saying moving towards an election. not. The consensus was they did Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. HAVING A RETREAT AND/OR TOWN HALL ) )City Manager Bryant Powell briefed the council on the item. Mayor Serdy commented they discussed this last night and it seemed that everyone was in agreement.They can add things to it as it gets closer but they just need to get the process started. City Manager Bryant Powell stated that is correct.If they want to start working with sponsorships and those type of things he recommended they get going on that now.It would be great to hear dates and yes or no on both or one or the other.He can then start working up what they want to do. Mayor Serdy called for a motion. Councilmember Struble commented since this was first proposed about a month and a half ago he has been doing a lot of talking among the city citizens and watching events, looking at things that will be affecting the city for the next 5-20 years.It is a very important thing for them to be doing, for them to be holding town hall meetings for citizens to give their input and for the council to do a retreat to formulate short term and long term plans or visions so that they can prepare for the things that will be happening to us in the city.They will be having to deal with things like possibly the San Tan Valley incorporation and how that might REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 24 OF 28 affect us.Another is when we get the Bureau of Land Management land and the State Trust land approved for sale.There are a lot of different issues that will be coming up that they have to plan ahead for so they are not doing things by the seat of their pants when they actually do happen.They need to plan for the item as we go forward.He looks forward to working on this process. Mayor Serdy called for a motion. Councilmember Struble MOVED THAT WE DIRECT THE STAFF TO ORGANIZE THE FACILITATION WITH THE ASSISTANCE OF ARIZONA TOWN HALL OF AN APACHE JUNCTION TOWN HALL MEETING IN SEPTEMBER OR EARLY OCTOBER 2017; FOR STAFF TO INVITE UP TO 50 LOCAL STAKEHOLDERS TO PARTICIPATE IN THE DEVELOPMENT OF RECOMMENDATIONS TO THE CITY COUNCIL ON A VISION AND PROJECTS TO MOVE APACHE JUNCTION FORWARD INTO THE NEXT 20 YEARS.I ALSO MOVE THAT WE DIRECT STAFF TO ORGANIZE A WORK SESSION RETREAT IN LATE OCTOBER OR EARLY NOVEMBER 2017.THE RETREAT WILL BE FACILITATED BY AN INDEPENDENT CONSULTANT WHO WILL ASSIST IN THE DEVELOPMENT OF A VISION STATEMENT AND MISSION STATEMENT FOR APACHE JUNCTION WHICH WILL ALLOW APACHE JUNCTION TO PREPARE FOR THE SHORT AND LONG TERM NEEDS OF THE COMMUNITY. Councilmember Rizzi SECONDED THE MOTION. Mayor Serdy commented before he takes a second he wanted to ask why they would limit that to 50.He asked if they can leave that more open. Councilmember Struble commented the reason why he put down 50 is because they had some concerns last night of preparing for a meeting and to prepare for food and such things if they wanted to do that.But, also, if it is going to be a town hall meeting they are going to have the city council there and it will be open to the public so anybody can attend.It will be treated like the Bureau of Land Management where we will have a facilitator who will direct the members that are invited to actually do the inputting and development of the plan. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 25 OF 28 City Manager Bryant Powell asked if he meant Environmental Protection Agency process. Councilmember Struble commented that is correct.He asked if that is not what he said. Councilmember Rizzi advised him it was not. City Manager Bryant Powell stated that is alright.That is how the Environmental Protection Agency process was when Janine set that up. Councilmember Struble commented he meant the Environmental Protection Agency. City Manager Bryant Powell stated there were several of them there that night that did not participate in the group but they were in the room. Mayor Serdy commented he understands that now and he will take a second. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. (During the vote Vice Mayor Wilson commented he would vote yes but he would like to look at the idea of possibly going beyond the 50 to include a lot more.) The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Mayor Serdy called for a motion on the next council meetings. Councilmember Evans MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 26 OF 28 7:00 P.M. BE HELD ON MONDAY, JUNE 5, 2017, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JUNE 6, 2017 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding the public trust land for the school district. ADJOURNMENT motion to adjourn. ADJOURN. )Mayor Serdy called for a Vice Mayor Wilson MOVED TO Mayor Serdy adjourned the meeting at 8:35 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of May 2, 2017. ACCEPTED THIS t e DAY OF J V V e.", 2017, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. /_SIGNED AND ATTESTED TO THIS La DAY OF NJ/tWe , 2017. REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 27 OF 28 ATTEST: KATHLEEN CONNELLY City Clerk JEFF VaRDY Mayor 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 16th day of May, 2017.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 31st day of May, 2017. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 16, 2017 PAGE 28 OF 28