HomeMy WebLinkAbout2017-02-07 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
FEBRUARY 7, 2017
The regular meeting of the City Council of the City of
Apache Junction, Arizona, was held on February 7, 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 Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Struble
Councilmember Waldron
Staff Present:City Manager Bryant Powell
Assistant City Manager Matt Busby
City Clerk Kathleen Connelly
City Attorney Joel Stern
Public Safety Director Tom Kelly
Public Works Director Giao Pham
Parks and Recreation Director Liz
Langenbach
Development Services Director Larry
Kirch
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FEBRUARY 7, 2017
PAGE 1 OF 15
Others Present:Public Information Officer Al Bravo
ACCEPTANCE OF CONSENT AGENDA
)Councilmember Barker MOVED
THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT RESOLUTION NO. 16-34, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE
CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH PINAL COUNTY FOR FUNDING OF SENIOR SERVICES, BE
APPROVED; AND
THAT APPROVAL BE GIVEN FOR THE AWARD OF CONTRACT TO SOUTHWEST
SLURRY SEAL FOR PW2016-30, SPRING 2017 PRESERVATION STREET
MAINTENANCE, IN THE AMOUNT OF $279,076.17 PLUS THE AMOUNT OF
$26,923.83 FOR CONTINGENCY FOR A TOTAL AMOUNT NOT TO EXCEED
$306,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN
THE CONTRACT; AND
THAT RESOLUTION NO. 17-01, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE
CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE PICKUP PROGRAM
PARTICIPATION WITH PINAL COUNTY, BE APPROVED.
Councilmember Rizzi SECONDED
THE MOTION.
Councilmember Struble
requested a couple of corrections to the minutes.On page 32,
where they were talking about the rezoning of the area down on
16th Avenue, he believes he said 16th Avenue and the minutes say
south of the 60, make a note of that.And then on page 39, they
were talking about the sewer district, it says Tuesday evening
and he thinks he said Tuesday morning, but just to make a note
in the minutes of it.
(1.A replay of the recording of the discussion in the
January 17, 2017 council meeting minutes showed that the
comment on the tape for P. 32 of the minutes could have
been "16th" instead of "60" so the record has been revised
to reflect the change requested by Councilmember Struble.
"I'm going to, like Councilmember Wilson, is this, this,
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FEBRUARY 7, 2017
PAGE 2 OF 15
like I said, I, I , I live in that area and I understand
and believe me, since the properties, the, the Villagio and
the other properties south of the (16 or 60) were built,
and with the neighborhood, it is very, it is improved
immensely.It it is, and, I , I agree with that so I'm
going to vote yes on that."
2.A replay of the recording of the January 17, 2017
council meeting minutes showed that the discussion on the
tape was accurately reflected in the minutes.The record
has not been changed."Councilmember Struble:You, you
current, you currently serve on P, planning and zoning and
industrial development, you said.Luciano Buzzin:Yes.
Councilmember Struble:Do you understand the meetings
schedule for the sewer district?Luciano Buzzin:I
understand it is during, during the day, not, not at night.
Councilmember Struble:Yeah, they, they, well they
currently, in December the board approved to have the
meetings on the fourth Tuesday of every month.Luciano
Buzzin:Yes.Councilmember Struble:Give or take.I
mean.You would be able to attend the Tuesday night?
Luciano Buzzin:No problem because my schedule allowed me
to do that."
Vice Mayor Wilson asked if
they would also have to vote on the changes he is recommending.
City Clerk Kathleen Connelly
stated they would be incorporated unless they disagree with
them.
VOTE:Unanimous with changes as noted by Councilmember Struble.
The motion carried.
AWARDS, PRESENTATIONS AND PROCLAMATIONS
None.
ANNOUNCEMENT OF CURRENT EVENTS
Vice Mayor Wilson commented Lost Dutchman Days and the Marathon
are coming up.
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FEBRUARY 7, 2017
PAGE 3 OF 15
Mayor Serdy commented tomorrow there is Breakfast with the
Mayor.It will be at Village Inn from 8-9 a.m.He will have a
different member of staff come each time and tomorrow it will be
Chief Kelly.
Councilmember Struble commented there have been a number of
neighborhood partnership meetings in various parks in the
community over the last couple of weeks.It has been enjoyable
to meet with the citizens and hear what is going on.He thanked
them for allowing them to come to their parks.
CITY MANAGER'S REPORT
City Manager Bryant Powell introduced Andrea Chisolm,
chairperson of the Apache Junction Chamber of Commerce, to
present a quarterly report.
Ms. Andrea Chisolm gave a presentation on the report for the
second quarter for the Visitor Information Center for Fiscal
Year 2016/2017.
Mayor Serdy asked what countries the foreign people signing in
are from.
Ms. Andrea Chisolm stated they have the book.She does not have
the specific data with her but she can get that to him.She
knows there was one from Asia who was photographed with Larry in
his rotarian shirt.
City Manager Byrant Powell commented on the contract for the
visitor information center.
PUBLIC HEARINGS
APPLICATION FOR AN INTERIM PERMIT,
PERSON TRANSFER, LIMITED LIABILITY
COMPANY, SERIES 6 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.
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FEBRUARY 7, 2017
PAGE 4 OF 15
Mr. Duane Carble, 447 N.
111th Place, Mesa, addressed the council.
Vice Mayor Wilson asked if he
was aware of the problems that had been identified and if he had
been correcting them.
Mr. Duane Carble asked what
particular problems he meant.
Councilmember Barker
commented from the fire department.
Mr. Duane Carble stated he
was aware of those.They gave him a list of things that will
need to be updated.
Councilmember Struble
commented there was a building code issue.
Development Services Director
Larry Kirch stated he believed his department's issues were on
the same line as the fire department, mainly related to the
hood.If those things are being corrected, it will be fine with
his department.
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 Rizzi MOVED
THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER,
LIMITED LIABILITY COMPANY, SERIES 6 LIQUOR LICENSE FOR COBBS
RESTAURANT AND LOUNGE, SUBMITTED BY DUANE CARBLE, BE RECOMMENDED
FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND
CONTROL.
Councilmember Waldron
SECONDED THE MOTION.
VOTE:Unanimous.
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FEBRUARY 7, 2017
PAGE 5 OF 15
The motion carried.
APPLICATION FOR A SPECIAL EVENT
LIQUOR LICENSE FOR SUPERSTITION
MOUNTAIN ROTARY CLUB FOR LOST
DUTCHMAN DAYS, FEBRUARY 24-26, 2017)
)City Clerk Kathleen
Connelly briefed the council on the item.
Mayor Serdy requested the
applicant address the council.
Mr. Michael Cowan, 17884 E.
Picana Court, Gold Canyon, addressed the council.He stated
this is the 53rd year of the rodeo.Last year the rotary raised
over $10,000.
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 Rizzi MOVED
THAT THE SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR
SUPERSTITION MOUNTAIN ROTARY CLUB FOR FEBRUARY 24-26, 2017,
SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE
ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Vice Mayor Wilson SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
RESOLUTION NO. 17-03, DECLARING
AS A PUBLIC RECORD THE 2017
AMENDMENTS TO CITY CODE CHAPTER 15
PUBLIC PARK REGULATIONS )
)Parks and Recreation
Director Liz Langenbach briefed the council on the item.
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FEBRUARY 7, 2017
PAGE 6 OF 15
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 Barker MOVED
THAT RESOLUTION NO. 17-03, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A
PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "2017 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,
VOLUME I, CHAPTER 15 PUBLIC PARK REGULATIONS", AND DECLARING AN
EMERGENCY, BE APPROVED.
Councilmember Rizzi SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
ORDINANCE NO. 1442, REPEALING AND
ADOPTING BY REFERENCE A NEW CITY
CODE CHAPTER 15 PUBLIC PARK
REGULATIONS
City Clerk Kathleen
Connelly stated this is the same item as the resolution that was
just done.The ordinance is a companion item.She was not sure
if Liz had anything to add.
City Attorney Joel Stern
stated the reason there is a separate ordinance and resolution
is to essentially save publication costs.The public still can
see it, however the city would not have to publish the entire
ordinance after it is approved.The city probably saves
thousands of dollars because of the requirements for being
published.The Arizona Revised Statutes allow the city to do it
this way.
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
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FEBRUARY 7, 2017
PAGE 7 OF 15
discussion.There being no further discussion, he called for a
motion.
Councilmember Waldron MOVED
THAT ORDINANCE NO. 1442 BE READ BY TITLE ONLY WITH THE EMERGENCY
CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED.
Councilmember Evans SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
City Clerk Kathleen Connelly
read the ordinance by title only.
Councilmember Waldron MOVED
THAT ORDINANCE NO. 1442, AS READ BY THE CITY CLERK, BE APPROVED
AND ADOPTED.
Councilmember Evans SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
OLD BUSINESS
APPOINTMENT TO AN EXISTING VACANCY
ON THE SUPERSTITION MOUNTAINS
COMMUNITY FACILITIES DISTRICT NO.1
BOARD OF DIRECTORS
)Vice Chairperson Wilson
commented this is for the sewer district.
Mayor Serdy commented they
have already interviewed the applicants.He called for a
motion.
Councilmember Struble MOVED
THAT TERRY DUNN BE APPOINTED TO THE SUPERSTITION MOUNTAINS
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 7, 2017
PAGE 8 OF 15
COMMUNITY FACILITIES DISTRICT NO. 1 BOARD OF DIRECTORS FOR A
TERM TO EXPIRE JULY 7, 2020.
Councilmember Rizzi SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
NEW BUSINESS
None.
DIRECTION TO STAFF
AUTHORIZING THE CITY MANAGER TO
TRANSMIT A COMMITMENT LETTER TO THE
ARIZONA DEPARTMENT OF HOUSING IN
SUPPORT OF ADAMS CONSTRUCTION AND
MANAGEMENT CO., INC. LOW INCOME
HOUSING TAX CREDIT APPLICATION FOR
A 52 -UNIT TOWNHOME PROJECT KNOWN AS
APACHE JUNCTION VILLAS )
)Development Services
Director Larry Kirch briefed the council on the item.
Councilmember Waldron asked
what kind of direction he needed.
Development Services Director
Larry Kirch stated direction to authorize the city manager to
sign the letter.It is the letter essentially committing the
city to this $30,000-$50,000 loan.It is the same way we
handled it last year, only there were two letters.They need
authorization for the city manager to transmit a letter to the
Department of Housing as part of their application.
Councilmember Struble asked
why it was denied last year.
Development Services Director
Larry Kirch stated it is a very competitive process.Maybe last
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FEBRUARY 7, 2017
PAGE 9 OF 15
year there might have been 39-40 applicants and they only have
so much money to go around.This year they are going to apply
for a little sub -pot of money.Most of these projects that get
awarded have points for transit.The city does not have
transit.There are some automatic points that we do not get.
This time the applicant is looking at going for a little sub -pot
of money that does not rely so much on the points for transit.
The developers might submit two and see if they get one.He
thinks last year there were 39 applicants and 12-15 were
awarded.There are usually more applications than awards that
can be made.Hopefully they will be more successful by not
going into a pool of applicants that get the transit points.
Councilmember Struble asked
if the loan agreement would come back to the council if it is
approved.
Development Services Director
Larry Kirch stated it would.It would be a developer's
agreement, a loan agreement and a promissory note that all comes
back to the council.
City Manager Bryant Powell
stated he wanted to remind them that this is the same developer
that did the development right across the street from the
library.It developed really quickly.They have had some years
to watch the maintenance of it and it is doing really well.The
developer communicated to him that they have a waiting list for
this type of product in Apache Junction.He feels it would be a
good complement to our community.
Mayor Serdy commented the
kind of infill we are looking for.He called for a motion.
Councilmember Waldron MOVED
THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING
AUTHORIZING THE CITY MANAGER TO TRANSMIT A COMMITMENT LETTER TO
THE ARIZONA DEPARTMENT OF HOUSING IN SUPPORT OF ADAMS
CONSTRUCTION AND MANAGEMENT CO., INC. LOW INCOME HOUSING TAX
CREDIT APPLICATION:THAT WE PROCEED WITH THE LETTER AND
TRANSMIT IT TO THE STATE.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 7, 2017
PAGE 10 OF 15
THE MOTION.
VOTE:Unanimous.
The motion carried.
AMENDMENTS TO CITY CODE CREATING
AUTHORITY FOR COUNCIL TO SCHEDULE
SPECIAL ELECTIONS FOR
REFERENDUM, INITIATIVE AND RECALL
briefed the council on the item.
Councilmember Rizzi SECONDED
City Attorney Joel Stern
Councilmember Barker asked if
he needed a date for this or does he simply need direction to
create an ordinance.
City Attorney Joel Stern
stated he needs direction.If they put a date on it then he has
to bring it back by that date.
Councilmember Barker asked to
put a specific date on it would seem kind of off if this is
going to be an ordinance for forever and a day because it would
not be the same date a year from now when something else comes
up.They do not want a date.
City Clerk Kathleen Connelly
stated it will change.
City Attorney Joel Stern
stated just tell him when to bring it back.If they want it as
soon as possible we could although they would have to get the
items on pretty quickly.
Councilmember Barker asked
what would be a good time frame for bringing this back.
City Clerk Kathleen Connelly
stated the first meeting in March.
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FEBRUARY 7, 2017
PAGE 11 OF 15
City Attorney Joel Stern
stated the city manager has agreed that the first meeting in
March would be quite satisfactory.
City Manager Bryant Powell
stated this gives our city and community for the long haul the
authorization if needed to do a special election if it should
come up.
Vice Mayor Wilson commented
this has nothing to do with the referendum that was just denied.
City Attorney Joel Stern
stated this provides them future authority for future referendum
and initiatives.It does not directly involve the current
referendum attempt.
Mayor Serdy commented
hopefully there will not be any.
Councilmember Struble asked
if he needs direction from them to look at other cities as an
example.
City Attorney Joel Stern
stated he thinks there was enough discussion last night that
they can craft something.They will bring it back for a work
session and then have a meeting for them to vote on it.
Mayor Serdy called for a
motion.
Councilmember Barker MOVED
THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING
AMENDMENTS TO CITY CODE CREATING AUTHORITY FOR COUNCIL TO
SCHEDULE SPECIAL ELECTIONS FOR REFERENDUM, INITIATIVE AND
RECALL:THAT THE CITY ATTORNEY CRAFT SUCH AN ORDINANCE AND
BRING IT BACK THE FIRST MEETING IN MARCH 2017.
Councilmember Rizzi SECONDED
THE MOTION.
VOTE:Unanimous.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 7, 2017
PAGE 12 OF 15
The motion carried.
SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
Mayor Serdy called for a
motion.
Vice Mayor Wilson MOVED THAT
AN EXECUTIVE SESSION AT 6:00 P.M. AND A REGULAR MEETING AT 7:00
P.M. BE HELD ON TUESDAY, FEBRUARY 21, 2017, IN THE CITY COUNCIL
CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY.
Councilmember Evans SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
CALL TO THE PUBLIC
Ms. Debra Collins, 2500 E. Tepee, Apache Junction, addressed the
council regarding how she was treated by staff in development
services when she requested information on filing an application
for an auxiliary building and the reason given for denial.She
requested there be a review on how this was handled.
Mr. Darryl Cross, 1018 N. Acacia, Apache Junction, addressed the
council regarding requesting a control measure on the care and
maintenance of oleanders in horse property areas.
Mr. Douglas Mathewson, 794 N. Hilton, Apache Junction, addressed
the council regarding oleanders in horse property areas and
requested the council address the problem.
Councilmember Evans directed the city manager to check into the
request by Ms. Collins for someone from the city to give her a
call and see if there is any way to resolve her question.
City Manager Bryant Powell stated they will and they will
provide some options to the resident.
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FEBRUARY 7, 2017
PAGE 13 OF 15
Vice Mayor Wilson commented they are possibly bringing back
oleanders at the next work session.
City Attorney Joel Stern stated there will be an old business
item on the February 21 agenda.
Mayor Serdy asked if there is some way for Ms. Collins' request
to re -interpreted as it is a trust and not a sole owner.He
would like someone to look into that.
ADJOURNMENT )
)Mayor Serdy called for a
motion to adjourn the meeting.
THE MOTION.
Vice Mayor Wilson SO MOVED.
Councilmember Evans SECONDED
Mayor Serdy adjourned the
meeting at 7:50 p.m. with no vote.
Consent Agenda Items are as follows:
1. Consideration of acceptance of agenda.
2. Consideration of approval of minutes of regular meeting of
January 17, 2017.
3.Approval of Resolution No. 16-34, authorizing the City of
Apache Junction to enter into an intergovernmental agreement
with Pinal County for assistance in funding Senior Services
in a one-time donation in the amount of $18,000.
4.Consideration of award of contract to Southwest Slurry Seal
for street maintenance work in various locations within the
city in partial fulfillment of fiscal year's 2016-2017
Street Maintenance Plan.
5.Consideration of approval of proposed Resolution No. 17-01,
allowing the city to enter into an intergovernmental
agreement with the Pinal County Public Works Department to
include Pinal County residents to partake in the city's
annual household hazardous waste event for a term of three
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FEBRUARY 7, 2017
PAGE 14 OF 15
(3) years with an option to renew for an additional two (2)
years.
ACCEPTED THIS 2 /DAY OF pg-Aeoll , 2017, BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APA HE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS pc,DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
es,
JEWISERDY
MafOr
CITY COUNCIL MINUTES
CERTIFICATION
2017.
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 7th
day of February, 2017.I further certify that the meeting was
duly called and held and that a quorum was present.
Dated this 9th day of February, 2017.
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 7, 2017
PAGE 15 OF 15
•WATER UTILITIES COMMUNITY FACILITIES DISTRICT
CITY OF APACHE JUNCTION, ARIZONA
REGULAR MEETING
January 17, 2017
The regular meeting of the District Board of the Water
Utilities Community Facilities District, City of Apache
Junction, Arizona, was held on January 17, 2017 at the Apache
Junction City Council Chambers pursuant to the notice required
by law.
CALL TO ORDER
Chairperson Serdy called the meeting to order at 6:00 p.m.
ROLL CALL
Board Members Present:Chairperson Serdy
Vice Chairperson Wilson
Mrs. Barker
Mrs. Evans
Mrs. Rizzi
Mr. Struble
Mr. Waldron
Staff Present:
Others Present:
Bryant Powell, District Manager
Kathleen Connelly, District Clerk
Joel Stern, District Legal Counsel
Giao Pham, Utility Director
Frank Blanco, District Director
Donna Meinerts, District Treasurer
Matt Busby, Assistant City Manager
Michael Loggins, District
Superintendent
Kent Brooksbury, District Controller
Andria Samuels, Senior Administrative
Assistant
Evie McKinney, Utility Billing
Supervisor
Al Bravo, Public Information Officer
APPROVAL OF MINUTES OF MEETING OF
OCTOBER 18, 2016
Water Utilities Community Facilities District40Meeting Minutes of January 17, 2017
Page 1 of 10
)Chairperson Serdy called
for a motion.
Mrs. Barker MOVED THAT THE
MINUTES OF OCTOBER 18, 2016, BE APPROVED.
Mrs. Evans SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
DISTRICT MANAGER REPORT
None.
DISTRICT DIRECTOR REPORT
District Director Frank Blanco stated he attended the Colorado
River Water Users Association annual conference in December.
All seven states and the Indian tribes were represented.The
networking opportunities are really good.You meet other state
officials and local officials you do not normally talk to.The
Colorado River Basin is in a severe drought.Lake Mead was at
its lowest elevation since the 1930s.The goal is to keep the
elevation at 1020, which is sea level.The elevation on July 1
was 1071.6.There is no shortage projected for calendar year
2017.The most water they can get into Lake Mead is 1219.6.A
tier one shortage can be declared at 1075.The current level is
1083.04.
Chairperson Serdy asked if we are having one of the wetter
winters for several years.He asked how many years like this
would it take to get it back to almost normal.
District Director Frank Blanco stated right now is a weather
occurrence versus a climate change.It would take about 4 to 5
winters being this wet to really make a difference on the lake
levels but we are headed in the right direction.The lake level
of 1083 is promising.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 2 of 10
•
•
•
Mrs. Evans asked if the dip is a normal summer dip because
111 January 2016 has it just below the 1085 and January 2017 is
about the same height.
•
District Director Frank Blanco stated that is a result of the
Bureau of Reclamation managing the lake levels.It would be
normal to see a lower elevation in the summer.If a short tier
shortage was declared Arizona would see a reduction of 320,000
acre feet.Nevada would have a reduction of 13,000 acre feet
and Mexico 50,000 acre feet.If the elevation is as low as
1025, the reduction is increased.They would see less water
coming into Arizona, Nevada and Mexico.These are 2007
guidelines.The lower basin states, of which Arizona is a part
of, are currently working on a drought preparedness plan in
order to make sure they do not get down to the lower elevations.
They will do anything they can to make sure they do not get down
to the shortage levels.As we start seeing a reduction in water
deliveries, even at that 480,000 reduction at 1025, it is
important to see that it does not go into our municipal and
industrial priority which is the pull we have for our
entitlement.It does go into the non -Indian agricultural
priority water.There is approximately a 50% risk of a shortage
in 2018, with the risks continually increasing with each
successive year.Central Arizona Project is committed to
continuing conservation programs to reduce the possibility of a
shortage.They are working on a drought contingency plan for
the lower basin states.They are now working on an
intergovernmental agreement with Mesa to replace the existing
agreement which was due to expire December 2016 but there must
be a two-year notice which neither party gave.The existing one
is now good for another two years.The new agreement they are
working on will incorporate some of the changes reflecting the
reduced reliance on Mesa to treat our water.
Chairperson Serdy asked if we still get charged if we do not use
even one gallon of water.
District Director Frank Blanco stated that is a good question.
The charges have been dramatically decreased.They were staying
around $15,000 per month for reserve capacity from Mesa.It is
now down to $600.It does not make a big difference for us now.
Another section will enable the water district to recover some
Central Arizona Project water that is currently being stored
underground at the Salt River Project Groundwater Savings
Water Utilities Community Facilities District
•Meeting Minutes of January 17, 2017
Page 3 of 10
Facility.They develop water credits by storing the water and
they can recover that water through Salt River Project's wells
by putting it into the canal system and treat the water at the
Val Vista Water Treatment Plant.It is a different approach to
recovering water as in the past we recovered it through our own
well system.In the event of a shortage on the Central Arizona
Project canal system or the Colorado River or a failure of the
canal from a catastrophic event, they would have the
availability to recover some of those credits through Salt River
Project's wells and their canal system and have Mesa treat the
water.The intergovernmental agreement will also involve Salt
River Project for the use of their wells to recover the stored
water.Details are being worked out.The Val Vista Water
Treatment Plant treats 220,000,000 gallons a day so the amount
of water the district would be receiving is minimal and would
not impact their customers.The Signal Butte and Baseline
interconnect is the key factor that will allow us to get the
water.He had a discussion with the City of Phoenix this
morning on how to fully utilize the district's Central Arizona
Project entitlement.It is important to do that.If they are
not using the full entitlement, at some point it could come to a
point where it is decided they do not need that much water if
they are not using it.The district needs all the water and
needs to make full use of it.They are partnering with Phoenix
to determine ways to fully utilize it.For the first time
Phoenix made a complete, 100% order of their entitlement for
2017, which is over 128,000 acre-feet.Tucson stores 20% of
Phoenix's water for future delivery.The same type of approach
will allow the district to fully utilize its water.The
agreement will also allow the development of long term storage
credits for both parties.They are also looking at a recharge
facility in Apache Junction.The way the current rules are
stated, the district can store water anywhere in the Phoenix
Active Management Area.It does not have to be in Apache
Junction.They have not seen any significant benefit from the
small recharge that does occur in the city.They want to start
bringing that closer to the aquafir that the district is
actually taking water from.Phoenix could be a good partner;
they have a lot more money than we do.They do want to have
additional options on where they can store their water.It is
an idea they talked about this morning.
Mr. Waldron commented water is just so complicated it drives him
crazy.He asked why they would be storing water in Tucson.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 4 of 10
•
•
•
S District Director Frank Blanco stated they store water in
Tucson.When Tucson recovers that water from their wells, keep
in mind that Tucson is a groundwater system.They do not
deliver any surface water.They do not treat Central Arizona
Project water to deliver to their customers.They recharge the
Central Arizona Project water, then recover it from their wells
and serve their customers.When Phoenix stores water in Tucson,
and Tucson recovers the water that Phoenix stored, then Phoenix
can get the water that Tucson did not take out of the canal
because they pumped it out of the ground.It is an exchange
agreement.
District Manager Bryant Powell stated Tucson sounds like it
could be like Lake Mead.It keeps going down and down and down.
District Director Frank Blanco stated one could think it could
happen over time.That is why they recharge the water.It is a
pretty good place to recharge water.Apparently the water does
percolate into the ground and then they pump it out with the
wells.This year the district has done a system water plan.
Arizona Department of Water Resources required the creation of a
system water plan in 2007.There are three components to that
plan.There is a water supply, drought preparedness and water
•conservation plan.They did an update this year.It is
required every five years.This is their second five-year
update submitted December 29, 2016.Because the district does
have a designation of assured water supply they did not have to
supply a water supply plan.Because the district is located in
the Phoenix Active Management Area we did not have to do a water
conservation plan.They focused on the drought preparedness
plan this year.Andria worked very hard on gathering up all the
research that had to be done to make sure the district was in
compliance with the requirement.There are three drought
response stages:alert, warning and emergency.Those are the
stages we identified for our plan.Stage one alert indicators
are those indicators they have to provide to know if they are in
stage one alert.The first indicator is precipitation where if
the previous 12 months they get 70% to 90% of the average
rainfall, in other words below average, or Lake Mead elevation
is at or below 1075, then that could be a trigger to declare a
stage one alert.It has not happened yet.The district manager
recommends an alert to the water board, the water board decides
and declares the alert if it is necessary.He is trying to make
them aware of the plan they have in place.As things progress
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 5 of 10
and the elevation continues to get lower and lower, they may
have to do something like this.
Chairperson Serdy asked if we have had these in Arizona.He
thinks he has seen where this has happened in California.
District Director Frank Blanco stated they have not seen it
locally in Arizona.In California they did.California got a
lot of rain and they think they are fine now but it could be
temporary.
Vice Chairperson Wilson commented Colorado has also gone through
it.
District Director Frank Blanco stated a stage one alert would be
voluntary water use reduction by citizens by 20%; that would be
the request.It depends on people doing what they are being
asked to do.The current average level of precipitation is
about 13 inches for Apache Junction.In 2016 our precipitation
was 9.34 inches which is 70% of the average.Those metrics
could trigger an alert but we are not going there yet.Lake
Mead elevation was at 1083 which took us above the 1075 which is
the other piece of the trigger.The district manager can
recommend the drought response stage declaration to the water
board but it would be up to the water board to declare it.He
is not recommending the stage one alert.The board has been
given the actual plan that has all the details.
District Superintendent Mike Loggins stated the board approved
the purchase of a 600 kilowatt generator in October for the
surface water treatment plant.They have finished installing
it.They are now prepared for a power outage and the water
plant will not shut down because of one.It was completed on
time with no change orders.They are not asking for any extra
money.In December 2015 76% of our monthly production came from
Mesa.As the treatment plant came on line this past year, it
was 99% the district's own water.The surface water treatment
plant was 80% of it, 19% from the wells and 1% from Mesa.They
have the 1% because they want to keep the water line clean and
rotate the pumps through in case they are needed.
Chairperson Serdy asked if they have a well they were not using
for a while.He asked if all the wells were producing now.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 6 of 10
S
•
District Superintendent Mike Loggins stated they currently have
three wells.One they are not currently using as it is out of
service.The other two wells are in service.They had some
issues with arsenic and other things with the one out of
service.It has not been in service for at least five years.
Senior Administrative Assistant Andria Samuels stated they are
coming up to the sixth annual Apache Junction Water Festival.
It will be held Thursday morning, April 27, 2017.She will be
sending out reminders and encourages participation.Last year
they had four schools, thirteen classes and over 400 students
participate with over 45 volunteers.Their help is recognized
and appreciated.
Mrs. Barker commented they enjoy it.
Senior Administrative Assistant Andria Samuels stated the
district website will be going live Monday, February 6, 2017.
She showed them a screen shot of the front page.
Chairperson Serdy commented they have had some amazing sunsets
last week they could put on the cover page.
Senior Administrative Assistant Andria Samuels stated pictures
are appreciated.These are our pictures.The current one is a
sunrise over the pumps that Treatment Plant Operator Brian
Warner took.
Chairperson Serdy commented they also need one for the other
angle of the sun, sunset.
Senior Administrative Assistant Andria Samuels stated the
website is very streamlined and horizontal.They have search
buttons.It welcomes people to the web page.There is space
for the upgraded payment portal when it comes on line.They
have community resources that were not available before like a
water calculator that estimates their bills.The water quality
reports are on line.If they go to pay their bill it will go to
the existing payment portal but in the future it will go to the
new one.They have a breakdown explaining the rates, what they
are and what has happened to the rates.She will also be
highlighting the treatment plant.They also have a page on
their values and why they want to be their water district.They
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 7 of 10
have information on their hours and directions on how to find
the office.It is much more user friendly.
District Manager Bryant Powell asked who gets the email/web mail
water@ajcity and the telephone number.
Senior Administrative Assistant Andria Samuels stated this is on
the main line so it goes to their front counter.After hours
she believes it goes to their on call person.The web mail
water goes to Evie and her people.It goes directly to their
outlooks; it does not go into a hole anywhere.It goes straight
to them.This allows them to interact more with their
customers.It lets them know very clearly what the
announcements are.When we have any kind of planned water
outages or emergency water outages, there will be a banner that
flashes at the top saying "Alert -Alert".They can click on it
and it will give them more details on what is going on.
Mrs. Barker commented nice job.It looks good.
Mrs. Rizzi commented she cannot wait to use it.
Senior Administrative Assistant Andria Samuels stated the second
component of the website is the payment portal.They have a
fully executed agreement with Paymentus as of December 28, 2016.
They are ready to start development, testing and get ready for
launch.April 1 is the anticipated launch date.
District Manager Bryant Powell commented in the effort of
integrating with our school system and the charter schools they
had four schools for the water festival.
Senior Administrative Assistant Andria Samuels stated three from
Apache Junction and one from Mesa.
District Manager Bryant Powell asked if the three elementary
schools came.
Senior Administrative Assistant Andria Samuels stated that is
correct.If they want more schools they need more volunteers.
They can do it but they would need volunteers to staff all the
rotations to make sure everyone can get taught without burning
out and getting dehydrated.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 8 of 10
•
•
•
DISTRICT TREASURER REPORT
III None.
ADJOURNMENT
) Chairperson Serdy called
for a motion to adjourn the meeting.
Mrs. Barker SO MOVED.
Mrs. Rizzi SECONDED THE
MOTION.
No roll call vote.
Chairperson Serdy adjourned
the meeting at 6:30 p.m.
ACCEPTED THIS /DAY OF r -r--646/44/, 2017,
BY THE CHAIRPERSON AND DISTRICT BOARD OF THE WAT R UTILITIES
COMMUNITY FACILITIES DISTRICT,(CITY OF APACHE JUNCTION,
ARIZONA).
SIGNED AND ATTESTED TO THIS 6 ;7( ' I r DAY OF
410 2017.
Mh:frIrsSD:Yon
ATTEST:
Kathleen Connelly
District Clerk
WATER UTILITIES COMMUNITY FACILITIES DISTRICT MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and
correct copy of the minutes of the regular meeting of the Water
Water Utilities Community Facilities District
411
Meeting Minutes of January 17, 2017
Page 9 of 10
Utilities Community Facilities District of the City of Apache
Junction, Arizona, held on the 17th day of January, 2017.I
further certify that the meeting was duly called and held and
that a quorum was present.
Dated this 7th day of February, 2017.
Kathleen Connelly
District Clerk
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 10 of 10
•
•
•
WATER UTILITIES COMMUNITY FACILITIES DISTRICT
CITY OF APACHE JUNCTION, ARIZONA
REGULAR MEETING
January 17, 2017
The regular meeting of the District Board of the Water
Utilities Community Facilities District, City of Apache
Junction, Arizona, was held on January 17, 2017 at the Apache
Junction City Council Chambers pursuant to the notice required
by law.
CALL TO ORDER
Chairperson Serdy called the meeting to order at 6:00 p.m.
ROLL CALL
Board Members Present:Chairperson Serdy
Vice Chairperson Wilson
Mrs. Barker
Mrs. Evans
Mrs. Rizzi
Mr. Struble
Mr. Waldron
Staff Present:
Others Present:
Bryant Powell, District Manager
Kathleen Connelly, District Clerk
Joel Stern, District Legal Counsel
Giao Pham, Utility Director
Frank Blanco, District Director
Donna Meinerts, District Treasurer
Matt Busby, Assistant City Manager
Michael Loggins, District
Superintendent
Kent Brooksbury, District Controller
Andria Samuels, Senior Administrative
Assistant
Evie McKinney, Utility Billing
Supervisor
Al Bravo, Public Information Officer
APPROVAL OF MINUTES OF MEETING OF
OCTOBER 18, 2016
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 1 of 10
)Chairperson Serdy called
for a motion.
Mrs. Barker MOVED THAT THE
MINUTES OF OCTOBER 18, 2016, BE APPROVED.
Mrs. Evans SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
DISTRICT MANAGER REPORT
None.
DISTRICT DIRECTOR REPORT
District Director Frank Blanco stated he attended the Colorado
River Water Users Association annual conference in December.
All seven states and the Indian tribes were represented.The
networking opportunities are really good.You meet other state
officials and local officials you do not normally talk to.The
Colorado River Basin is in a severe drought.Lake Mead was at
its lowest elevation since the 1930s.The goal is to keep the
elevation at 1020, which is sea level.The elevation on July 1
was 1071.6.There is no shortage projected for calendar year
2017.The most water they can get into Lake Mead is 1219.6.A
tier one shortage can be declared at 1075.The current level is
1083.04.
Chairperson Serdy asked if we are having one of the wetter
winters for several years.He asked how many years like this
would it take to get it back to almost normal.
District Director Frank Blanco stated right now is a weather
occurrence versus a climate change.It would take about 4 to 5
winters being this wet to really make a difference on the lake
levels but we are headed in the right direction.The lake level
of 1083 is promising.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 2 of 10
Mrs. Evans asked if the dip is a normal summer dip because
January 2016 has it just below the 1085 and January 2017 is
about the same height.
District Director Frank Blanco stated that is a result of the
Bureau of Reclamation managing the lake levels.It would be
normal to see a lower elevation in the summer.If a short tier
shortage was declared Arizona would see a reduction of 320,000
acre feet.Nevada would have a reduction of 13,000 acre feet
and Mexico 50,000 acre feet.If the elevation is as low as
1025, the reduction is increased.They would see less water
coming into Arizona, Nevada and Mexico.These are 2007
guidelines.The lower basin states, of which Arizona is a part
of, are currently working on a drought preparedness plan in
order to make sure they do not get down to the lower elevations.
They will do anything they can to make sure they do not get down
to the shortage levels.As we start seeing a reduction in water
deliveries, even at that 480,000 reduction at 1025, it is
important to see that it does not go into our municipal and
industrial priority which is the pull we have for our
entitlement.It does go into the non -Indian agricultural
priority water.There is approximately a 50% risk of a shortage
in 2018, with the risks continually increasing with each
successive year.Central Arizona Project is committed to
continuing conservation programs to reduce the possibility of a
shortage.They are working on a drought contingency plan for
the lower basin states.They are now working on an
intergovernmental agreement with Mesa to replace the existing
agreement which was due to expire December 2016 but there must
be a two-year notice which neither party gave.The existing one
is now good for another two years.The new agreement they are
working on will incorporate some of the changes reflecting the
reduced reliance on Mesa to treat our water.
Chairperson Serdy asked if we still get charged if we do not use
even one gallon of water.
District Director Frank Blanco stated that is a good question.
The charges have been dramatically decreased.They were staying
around $15,000 per month for reserve capacity from Mesa.It is
now down to $600.It does not make a big difference for us now.
Another section will enable the water district to recover some
Central Arizona Project water that is currently being stored
underground at the Salt River Project Groundwater Savings
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 3 of 10
Facility.They develop water credits by storing the water and
they can recover that water through Salt River Project's wells
by putting it into the canal system and treat the water at the
Val Vista Water Treatment Plant.It is a different approach to
recovering water as in the past we recovered it through our own
well system.In the event of a shortage on the Central Arizona
Project canal system or the Colorado River or a failure of the
canal from a catastrophic event, they would have the
availability to recover some of those credits through Salt River
Project's wells and their canal system and have Mesa treat the
water.The intergovernmental agreement will also involve Salt
River Project for the use of their wells to recover the stored
water.Details are being worked out.The Val Vista Water
Treatment Plant treats 220,000,000 gallons a day so the amount
of water the district would be receiving is minimal and would
not impact their customers.The Signal Butte and Baseline
interconnect is the key factor that will allow us to get the
water.He had a discussion with the City of Phoenix this
morning on how to fully utilize the district's Central Arizona
Project entitlement.It is important to do that.If they are
not using the full entitlement, at some point it could come to a
point where it is decided they do not need that much water if
they are not using it.The district needs all the water and
needs to make full use of it.They are partnering with Phoenix
to determine ways to fully utilize it.For the first time
Phoenix made a complete, 100% order of their entitlement for
2017, which is over 128,000 acre-feet.Tucson stores 20% of
Phoenix's water for future delivery.The same type of approach
will allow the district to fully utilize its water.The
agreement will also allow the development of long term storage
credits for both parties.They are also looking at a recharge
facility in Apache Junction.The way the current rules are
stated, the district can store water anywhere in the Phoenix
Active Management Area.It does not have to be in Apache
Junction.They have not seen any significant benefit from the
small recharge that does occur in the city.They want to start
bringing that closer to the aquafir that the district is
actually taking water from.Phoenix could be a good partner;
they have a lot more money than we do.They do want to have
additional options on where they can store their water.It is
an idea they talked about this morning.
Mr. Waldron commented water is just so complicated it drives him
crazy.He asked why they would be storing water in Tucson.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 4 of 10
District Director Frank Blanco stated they store water in
Tucson.When Tucson recovers that water from their wells, keep
in mind that Tucson is a groundwater system.They do not
deliver any surface water.They do not treat Central Arizona
Project water to deliver to their customers.They recharge the
Central Arizona Project water, then recover it from their wells
and serve their customers.When Phoenix stores water in Tucson,
and Tucson recovers the water that Phoenix stored, then Phoenix
can get the water that Tucson did not take out of the canal
because they pumped it out of the ground.It is an exchange
agreement.
District Manager Bryant Powell stated Tucson sounds like it
could be like Lake Mead.It keeps going down and down and down.
District Director Frank Blanco stated one could think it could
happen over time.That is why they recharge the water.It is a
pretty good place to recharge water.Apparently the water does
percolate into the ground and then they pump it out with the
wells.This year the district has done a system water plan.
Arizona Department of Water Resources required the creation of a
system water plan in 2007.There are three components to that
plan.There is a water supply, drought preparedness and water
conservation plan.They did an update this year.It is
required every five years.This is their second five-year
update submitted December 29, 2016.Because the district does
have a designation of assured water supply they did not have to
supply a water supply plan.Because the district is located in
the Phoenix Active Management Area we did not have to do a water
conservation plan.They focused on the drought preparedness
plan this year.Andria worked very hard on gathering up all the
research that had to be done to make sure the district was in
compliance with the requirement.There are three drought
response stages:alert, warning and emergency.Those are the
stages we identified for our plan.Stage one alert indicators
are those indicators they have to provide to know if they are in
stage one alert.The first indicator is precipitation where if
the previous 12 months they get 70% to 90% of the average
rainfall, in other words below average, or Lake Mead elevation
is at or below 1075, then that could be a trigger to declare a
stage one alert.It has not happened yet.The district manager
recommends an alert to the water board, the water board decides
and declares the alert if it is necessary.He is trying to make
them aware of the plan they have in place.As things progress
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 5 of 10
and the elevation continues to get lower and lower, they may
have to do something like this.
Chairperson Serdy asked if we have had these in Arizona.He
thinks he has seen where this has happened in California.
District Director Frank Blanco stated they have not seen it
locally in Arizona.In California they did.California got a
lot of rain and they think they are fine now but it could be
temporary.
Vice Chairperson Wilson commented Colorado has also gone through
it.
District Director Frank Blanco stated a stage one alert would be
voluntary water use reduction by citizens by 20%; that would be
the request.It depends on people doing what they are being
asked to do.The current average level of precipitation is
about 13 inches for Apache Junction.In 2016 our precipitation
was 9.34 inches which is 70% of the average.Those metrics
could trigger an alert but we are not going there yet.Lake
Mead elevation was at 1083 which took us above the 1075 which is
the other piece of the trigger.The district manager can
recommend the drought response stage declaration to the water
board but it would be up to the water board to declare it.He
is not recommending the stage one alert.The board has been
given the actual plan that has all the details.
District Superintendent Mike Loggins stated the board approved
the purchase of a 600 kilowatt generator in October for the
surface water treatment plant.They have finished installing
it.They are now prepared for a power outage and the water
plant will not shut down because of one.It was completed on
time with no change orders.They are not asking for any extra
money.In December 2015 76% of our monthly production came from
Mesa.As the treatment plant came on line this past year, it
was 99% the district's own water.The surface water treatment
plant was 80% of it, 19% from the wells and 1% from Mesa.They
have the 1% because they want to keep the water line clean and
rotate the pumps through in case they are needed.
Chairperson Serdy asked if they have a well they were not using
for a while.He asked if all the wells were producing now.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 6 of 10
District Superintendent Mike Loggins stated they currently have
three wells.One they are not currently using as it is out of
service.The other two wells are in service.They had some
issues with arsenic and other things with the one out of
service.It has not been in service for at least five years.
Senior Administrative Assistant Andria Samuels stated they are
coming up to the sixth annual Apache Junction Water Festival.
It will be held Thursday morning, April 27, 2017.She will be
sending out reminders and encourages participation.Last year
they had four schools, thirteen classes and over 400 students
participate with over 45 volunteers.Their help is recognized
and appreciated.
Mrs. Barker commented they enjoy it.
Senior Administrative Assistant Andria Samuels stated the
district website will be going live Monday, February 6, 2017.
She showed them a screen shot of the front page.
Chairperson Serdy commented they have had some amazing sunsets
last week they could put on the cover page.
Senior Administrative Assistant Andria Samuels stated pictures
are appreciated.These are our pictures.The current one is a
sunrise over the pumps that Treatment Plant Operator Brian
Warner took.
Chairperson Serdy commented they also need one for the other
angle of the sun, sunset.
Senior Administrative Assistant Andria Samuels stated the
website is very streamlined and horizontal.They have search
buttons.It welcomes people to the web page.There is space
for the upgraded payment portal when it comes on line.They
have community resources that were not available before like a
water calculator that estimates their bills.The water quality
reports are on line.If they go to pay their bill it will go to
the existing payment portal but in the future it will go to the
new one.They have a breakdown explaining the rates, what they
are and what has happened to the rates.She will also be
highlighting the treatment plant.They also have a page on
their values and why they want to be their water district.They
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 7 of 10
have information on their hours and directions on how to find
the office.It is much more user friendly.
District Manager Bryant Powell asked who gets the email/web mail
water@ajcity and the telephone number.
Senior Administrative Assistant Andria Samuels stated this is on
the main line so it goes to their front counter.After hours
she believes it goes to their on call person.The web mail
water goes to Evie and her people.It goes directly to their
outlooks; it does not go into a hole anywhere.It goes straight
to them.This allows them to interact more with their
customers.It lets them know very clearly what the
announcements are.When we have any kind of planned water
outages or emergency water outages, there will be a banner that
flashes at the top saying "Alert -Alert".They can click on it
and it will give them more details on what is going on.
Mrs. Barker commented nice job.It looks good.
Mrs. Rizzi commented she cannot wait to use it.
Senior Administrative Assistant Andria Samuels stated the second
component of the website is the payment portal.They have a
fully executed agreement with Paymentus as of December 28, 2016.
They are ready to start development, testing and get ready for
launch.April 1 is the anticipated launch date.
District Manager Bryant Powell commented in the effort of
integrating with our school system and the charter schools they
had four schools for the water festival.
Senior Administrative Assistant Andria Samuels stated three from
Apache Junction and one from Mesa.
District Manager Bryant Powell asked if the three elementary
schools came.
Senior Administrative Assistant Andria Samuels stated that is
correct.If they want more schools they need more volunteers.
They can do it but they would need volunteers to staff all the
rotations to make sure everyone can get taught without burning
out and getting dehydrated.
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 8 of 10
DISTRICT TREASURER REPORT
None.
ADJOURNMENT
) Chairperson Serdy called
for a motion to adjourn the meeting.
MOTION.
No roll call vote.
Mrs. Barker SO MOVED.
Mrs. Rizzi SECONDED THE
Chairperson Serdy adjourned
the meeting at 6:30 p.m.
ACCEPTED THIS 4 /6".r DAY OF r--6-60fevA-4/, 2017,
BY THE CHAIRPERSON AND DISTRICT BOARD OF THE WAT R UTILITIES
COMMUNITY FACILITIES DISTRICT,(CITY OF APACHE JUNCTION,
ARIZONA).
SIGNED AND ATTESTED TO THIS 4 W t -l'ilr DAY OF •*i•ie.141-iel,
2017.
rt f r IrsSD:l'on
ATTEST:
Kathleen Connelly
District Clerk
WATER UTILITIES COMMUNITY FACILITIES DISTRICT MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and
correct copy of the minutes of the regular meeting of the Water
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 9 of 10
Utilities Community Facilities District of the City of Apache
Junction, Arizona, held on the 17th day of January, 2017.I
further certify that the meeting was duly called and held and
that a quorum was present.
Dated this 7th day of February, 2017.
Kathleen Connelly
District Clerk
Water Utilities Community Facilities District
Meeting Minutes of January 17, 2017
Page 10 of 10
CITY COUNCIL
REGULAR MEETING
FEBRUARY 21, 2017
The regular meeting of the City Council of the City of
Apache Junction, Arizona, was held on February 21, 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
Councilmember Rizzi gave the Invocation.
PLEDGE OF ALLEGIANCE
Vice Mayor Wilson led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present:Mayor Serdy
Vice Mayor Wilson
Councilmember Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Struble
Councilmember Waldron
Staff Present:City Manager Bryant Powell
Assistant City Manager Matt Busby
City Clerk Kathleen Connelly
City Attorney Joel Stern
Public Safety Director Tom Kelly
Public Works Director Giao Pham
Development Services Director Larry
Kirch
Others Present:Public Information Officer Al Bravo
Senior Planner Rudy Esquivias
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 1 OF 41
Fleet Services Superintendent Brian
Gleave
ACCEPTANCE OF CONSENT AGENDA
)Vice Mayor Wilson MOVED
THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT RESOLUTION NO. 17-04, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE
CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH PINAL COUNTY FOR THE CITY'S PARTICIPATION IN THE
PINAL COUNTY HOSTED ANNUAL SAFETY ROADEO, BE APPROVED; AND
THAT RESOLUTION NO. 17-02, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE
CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT ("COMPACT") AMONG THE SIGNATORY POLITICAL
JURISDICTIONS WITHIN THE STATE OF ARIZONA AND THE ARIZONA
DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS, BE APPROVED.
Councilmember Evans SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
ANNOUNCEMENT OF CURRENT EVENTS
Vice Mayor Wilson commented on the positive comments he received
at the Arabian horse show at Westworld last weekend in
Scottsdale regarding the Apache Junction area.
Councilmember Barker congratulated the Lost Dutchman Marathon
Committee for the marathon going off even with the inclement
weather.She thanked all the volunteers for their time and
effort.
Councilmember Rizzi thanked all the voluteers for their help at
the marathon.She read a note from one of the runners
complimenting them on a well run marathon even in the rainy
weather.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 2 OF 41
Mayor Serdy commented the rain was at times driving and staff
and the volunteers were tested.It was awe-inspiring to see
them at work.
Mayor Serdy announced he attended the Phoenix -Mesa Gateway
Airport board meeting this morning.They covered their budget
and land use compatibility plan where they will try to get some
rentals that may provide jobs for Apache Junction.The director
wants to do something with the schools to give tours and educate
the students on the history of the airport.
AWARDS, PRESENTATIONS AND PROCLAMATIONS
Public Safety Director Tom Kelly gave a brief work history of
Carlena Lawson who has been with the police department for 30
years.City Manager Bryant Powell presented her with a
certificate for her 30 years of service, a monetary award, 40
hours of vacation time, a plaque and advised her name would be
added to the plaque in the lobby.
CITY MANAGER'S REPORT
City Manager Bryant Powell commented on the dedication of the
new water treatment plant, an award received by the water
district for the new plant, read an email from a marathon
participant and thanked Liz Langenbach, the parks and recreation
department and the public works department for their work on the
marathon.
Mayor Serdy asked if the numbers were way down for the marathon.
City Manager Bryant Powell stated he has not seen the numbers
yet but from what he saw when he was out there he does believe
there will be a reduction in numbers due to the weather.
PUBLIC HEARINGS
APPLICATION FOR A TEMPORARY
EXTENSION OF PREMISES FOR ELKS
LODGE #2349 FOR THE PAWS 4 LIFE
CHARITY CAR SHOW
)City Clerk Kathleen
Connelly briefed the council on the item.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 3 OF 41
Mayor Serdy requested the
applicant address the council.
Ms. Cindy Pierson, Elks
Lodge, Apache Junction, addressed the council.She thinks this
is the fifth or sixth year of hosting this for Tuni House.It
is a great event.
Councilmember Evans asked
when the event begins and ends.
Ms. Cindy Pierson stated
registration starts at 7:30 a.m. and ends at 9:30 a.m.The car
show starts at 10:00 a.m. and goes to 2 p.m.
Councilmember Evans commented
everything is done at 2 p.m.
Ms. Cindy Pierson stated they
are probably all gone by 2:30 p.m.
Mayor Serdy asked how the
money is raised for the charity and what people can do to help
make it more successful.
Ms. Cindy Pierson stated they
can just come out.Paws 4 Life is the charity; they just host
the event.It is Tuni's nonprofit organization that benefits
from this car show.
Mayor Serdy asked if there
are things to buy or an admission fee.
Ms. Cindy Pierson stated
there is no admission fee.She believes all the people showing
their cars pay to put their cars into the show.She does
believe there will be stuff for sale.
Mayor Serdy asked if they
would be taking donations.He knows they are always looking for
food at the show.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 4 OF 41
Ms. Cindy Pierson stated they
are.
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 TEMPORARY EXTENSION OF PREMISES FOR
ELKS LODGE #2349 FOR MARCH 11, 2017, SUBMITTED BY CINDY PIERSON,
BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR
LICENSES AND CONTROL.
Vice Mayor Wilson SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
APPLICATION FOR A TEMPORARY
EXTENSION OF PREMISES FOR HITCHING
POST LLC FOR A MUSIC FESTIVAL
)City Clerk Kathleen
Connelly briefed the council on the item.
Mayor Serdy requested the
applicant address the council.
Mr. Mehmood Mohiuddin, 2341
N. Apache Trail, addressed the council.He stated they have
built a facade on that location on Apache Trail.The contractor
pulled a permit but had a subcontractor build it.The
subcontractor did not do the job that was supposed to be done.
The inspector came and checked it out along with Larry and Dave.
He was advised it was not built as it should have been.He
notified the contractor who said he would look into it but he
never did.He brought a different architect to a meeting with
city officials two weeks ago.They are working on it with a
specialist who is building the ties safe.They have been in
communication with Larry and Dave.He was advised this evening
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 5 OF 41
they are working on a new drawing, the specialist inspected it
and they are sending all the calculations.Staff should have
all the information they need this week and what things still
need to be done.They will take care of those things that still
need to be done.
Councilmember Evans asked
what time the festival will be running.
Mr. Mehmood Mohiuddin stated
he is just applying for the extension to sell liquor over there.
There is someone from the blues festival here who can answer
those questions on when it is starting, ending and security.He
will just be selling liquor and food if this is approved.His
name is J.C.
Councilmember Evans asked if
they have ever approved a liquor license on a piece of property
that is not a part of the business.
City Clerk Kathleen Connelly
stated they can do that.It has to be adjacent to it.
Councilmember Evans commented
as long as it is contiguous it is alright.
City Clerk Kathleen Connelly
stated that is correct.In this case it clearly is.
Mayor Serdy commented usually
the events he has up there are tied to a charity.He asked if
this one is tied to a charity or if it is just for fun.
Mr. Mehmood Mohiuddin stated
this is on a trial basis.They have tried to do several events
in the past and there were some issues for the charities.The
Fallen Officers pulled out because they saw some different
issues and problems that they did not want to deal with.They
did help the boys and girls club, other Fallen Officers and the
Hope Center.This is a new beginning.The gentleman approached
him about doing the festival.He said he would try it.If they
do not have any problems with the public or neighborhood and
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 6 OF 41
everything goes smoothly, they will definitely have charities in
the future.
Councilmember Evans commented
she was still trying to find out what time the event will be.
Mr. Mehmood Mohiuddin stated
they will have to talk to the gentleman.
Councilmember Waldron
requested they hear from Larry on the building issue.
City Attorney Joel Stern
stated as a matter of procedure, they can do it this way but it
may make the meeting longer.If they are going to have
questions, they can go ahead and ask the questions and then open
it up to the public.
Development Services Director
Larry Kirch stated the façade Mr. Mohiuddin was referring to had
two separate permits issued.One was for the eastern side and
that project was completed.A second permit was issued for the
one that fronts along Apache Trail.The design that was
originally approved was not exactly built that way.Building
services cannot give them a final out permit until they get some
more architectural drawings.The original architect that
designed the first part of the project is involved.Simpson is
the company that builds the ties and they are attaching the wood
beams to the metal posts.It sounds like things are
progressing.What Dave Zellner was saying was if the festival
goes forward and the architectural design is not resolved by
that time then they would want some buffer between where the
vendors might be and the façade.They do not expect the wind to
blow anything down but they are erring on the side of caution.
They do not want the event held up for that reason.There has
been a lot of email communication in the last week or two with
revised drawings that they can approve and final out the
project.
Councilmember Waldron
commented the real issue is how close the vendors are to the
façade.Their concern is that it could blow over.It is a
safety issue.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 7 OF 41
Development Services Director
Larry Kirch stated that is correct.The event can go on as long
as there is some space and that area secured.This could all be
resolved by March 12 or the end of this week.There are two
things going.One is the internal events process and the other
is the liquor license extension and they interweave.They are
trying to make sure the crowd is safe.If they get the
engineering and the permit finalized they should be okay.If
they do not get it by that point they want some sort of buffer.
Mayor Serdy commented they
are seeing progress every day.
Development Services Director
Larry Kirch stated that is correct.
Councilmember Waldron asked
who will make sure the buffer is there if the engineering is not
completed.
Development Services Director
Larry Kirch stated staff would have to go out and check it the
day they set up the event.It sounds like it is all set up and
taken down in the same day.They would have to go out there on
March 12.He believes Dave was calling for about a 15'
separation to secure the area.
Councilmember Evans commented
they are still wanting the time of the event.
Mr. John Chavez, Asking MARA
Events, the festival coordinator, stated it will take place
March 12 from 11 a.m. to 5 p.m.It will probably be wrapped up
by about 4:30 p.m.
Mayor Serdy opened the public
hearing on the item.
Mr. Bill Wallingford, 2055 N.
Cortez, Apache Junction, addressed the council to advise he and
his wife are against the extension.They live a quarter mile
from the Hitching Post and it is extremely loud when they have
the bull riding.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 8 OF 41
Ms. Bonnie Farlin, 1925 N.
Cortez, Apache Junction, addressed the council to advise she is
against the extension for this event.
Mr. Howard Hymes, 1774 N.
Starr, Apache Junction, addressed the council to advise he is
against the extension due to safety reasons.
Mr. John Chavez stated as far
as the event is concerned this is very mellow demographic.They
will be dealing with the arts and a jazz and blues festival.
They are very well-behaved people from about 45 -years -old to 60-
years -old.He does these festivals across the state and the
biggest concern they have is a couple of little old ladies
fighting over some jewelry.Everybody has a good time and it is
an opportunity for the community to come together.He hopes to
have the same type of response that they received from Lost
Dutchman.
Mr. Jim Duncan, 2745 E.
Smoketree, Apache Junction, addressed the council on behalf of
himself and some of his neighbors.This is about an extension
of premises into an area not part of the Hitching Post business
that is surrounded by a large walled structure that does not
look safe or legal located next to the state highway.Traffic
will be funneled from the highway onto Lost Dutchman into a
parking area.The event is 5.5 hours from 11:30 a.m. to 5:00
p.m.It will have amplified outdoor music and other arts
festivities that will include liquor.He has safety concerns
and it is next to a residential neighborhood.He asked them to
vote no.
Mayor Serdy closed the public
hearing on the item and reopened it to council discussion.
Councilmember Rizzi commented
it has become a point of contention between the Hitching Post
and the neighboring community.She does not have words for it
anymore.It is very clear that the neighbors in that area are
going to make sure Mo does absolutely no events at his place of
business.There is a large section of our community that is
asking to have events, festivals and music during the day time
hours.There is a segment of our community that wants this and
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 9 OF 41
we have neighbors that are just going to do anything they can to
shut this event at the Hitching Post down.We have talked with
both groups.We have talked with the Hitching Post.We have
talked with the community.We have tried to get these two
groups to come together and come to some kind of terms.We want
to have events in our community.For some reason this point of
contention is going to go and go and go and go.It is really
saddening.As far as the safety goes with this façade, she
believes it has been up for quite a while.The business owner
is working with the city.Whatever mishap happened with the
people that built it, he is working with the city trying to get
it fixed.He is simply trying to bring entertainment; safe,
fun, friendly entertainment to this community.But we have a
segment of people in this neighborhood that are going to do
everything they can to make sure that does not happen.That is
a sad, sad thing when we are trying to bring events to our
community.She does not know what to say about this anymore.
They have asked both parties to get together and work it out so
that we can have these events for this community.The man is
trying to run a business.He is not trying to do anything
wrong.He is not trying to circumvent anything.He is trying
to follow the rules.Get together and work it out.Let us have
some fun.It is a beautiful time of the year.Let us focus on
good things in our community rather than nitpicking and
nitpicking and nitpicking at this guy because that is how it
really seems.
Councilmember Barker
commented it is also very important folks realize we are simply
a pass through group when it comes to a temporary liquor
license.What we say goes to the state but the state makes the
decision.We actually do not.We can turn it down, it goes to
the state, they say okay and that is it.This is a courtesy
from the state to allow us to do this.It does not mean that
much.
Councilmember Evans commented
she was hoping before there was another event there could have
been a meeting of minds between the neighbors and the events
taking place.That has not happened yet and that is
unfortunate.She does not fault the neighbors at all because
they are constantly bombarded by this.There are other segments
of the community that do not live there and they enjoy their
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 10 OF 41
peace and quiet.She does not feel bad about the neighbors.
She feels bad the neighbors and Mo have not been able to come to
terms before another event was placed before the council.She
understands both sides completely.
Mayor Serdy commented he
wanted to make a couple points.They had some pretty hard winds
a few weeks ago and if that did not blow it over he does not
know if they will get any harder winds than that.This is a
different kind of event.It is not rock and roll.He does not
think it is going to be amplified in the same manner some of the
other music is.He called for a motion.
Councilmember Barker MOVED
THAT THE TEMPORARY EXTENSION OF PREMISES FOR HITCHING POST LLC
FOR MARCH 12, 2017, SUBMITTED BY MEHMOOD MOHIUDDIN, BE
RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR
LICENSES AND CONTROL.
Vice Mayor Wilson SECONDED
THE MOTION.
VOTE:6-1 (Councilmember Waldron voted in opposition due to the
safety issue.)
The motion carried.
ORDINANCE NO. 1443, CASE PZ-14-16,
FOR APPROVAL OF A PLANNED
DEVELOPMENT MAJOR AMENDMENT FOR THE
MUSTANG CENTER AT 2540 W. APACHE
TRAIL TO EXPAND THE PALETTE OF
BUSINESS USES
)Development Services
Director Larry Kirch introduced Planning Intern Lindsay
Bresnahan from Arizona State University who would give the
presentation.
Planning Intern Lindsay
Bresnahan briefed the council on the item.
Vice Mayor Wilson commented
he has a question on the used merchandise sales that is
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 11 OF 41
currently going on at St. Vincent de Paul.He asked how that
would affect them.
Planning Intern Lindsay
Bresnahan stated the St. Vincent de Paul would remain as it is.
They are under the charity designation as a different use so it
would not be under used merchandise.It would not allow any
additional used merchandise businesses.
Councilmember Evans asked if
there have been any problems in that area such as transients or
if there is an increased amount of them compared to other areas
of town.
Public Safety Director Tom
Kelly stated not any more than anywhere else in Arizona.
Councilmember Barker
commented what she is basically saying is that these folks want
a laundromat and in order to have a laundromat they need to
change.
Planning Intern Lindsay
Bresnahan stated that is correct.
Councilmember Barker
commented that is basically what this whole story is.
Planning Intern Lindsay
Bresnahan stated they also want to look at the whole available
uses and add anything additional while they are going through
the process.
Councilmember Struble
commented the issue of the used store is because St. Vincent de
Paul is a nonprofit.
Planning Intern Lindsay
Bresnahan stated that is correct.That is the distinction they
have made.It would be considered separate from a used
merchandise.It could remain as is.There could be no future
used merchandise stores.It is because it is a 501(C)3 that it
is it exempt from that.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 12 OF 41
Councilmember Struble asked
if that is in the code some place.
Development Services Director
Larry Kirch stated generally he believes it is religious.It
may be a question for Joel.When they got to discussing all the
uses they do have some other used merchandise stores in town.
They asked about having an antique store and how it is different
from someone selling items like a thrift store.It would be a
thrift store that is not nonprofit related.With a couple of
other thrift stores they have seen, it is simply a use they did
not really think was compatible with the character of the uses
that are already there such as the beauty shop and Jimmie
John's.What is there can stay there.
Mayor Serdy asked if there is
something in the code to differentiate between used merchandise
and antiques and collectibles.
Development Services Director
Larry Kirch commented he does not have the table of uses off the
top of his head.He asked Rudy if he knows if those are
separated.
Planning Intern Lindsay
Bresnahan stated she looked at the code matrix and there is no
separate antique sales spot.
Development Services Director
Larry Kirch stated they would be considered as another retail-
type store.
Mayor Serdy commented
antiques would be okay but used televisions are not.
Development Services Director
Larry Kirch stated that would be correct.
Councilmember Barker
commented if it was an old used television it would work.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 13 OF 41
Mayor Serdy commented if you
watch Pawn Stars there are some things on there he would not
consider to be antiques but it is now.
Development Services Director
Larry Kirch stated that is correct.
Councilmember Barker
commented so they are really saying no more thrift stores in
that area rather than used merchandise.
Development Services Director
Larry Kirch stated that is typically what they are saying when
the say used merchandise.The category in the zoning code has
used merchandise.
Councilmember Barker
commented she thinks they need to change the categories so that
it is clear.
Development Services Director
Larry Kirch stated the allowed uses follow the NAICC code, it is
the North American Industrial Classification Code.
Councilmember Barker
commented maybe they should put thrift store in parenthesis.
City Attorney Joel Stern
stated he probably should not bring this up but in the past
there have been some issues regarding pawn shops.They may
recall that.There were some definitional issues.There were
some proposed definitions that articulated the difference
between second hand stores and antique stores.That code never
went into existence because it was resolved at the state level
regarding pawn shops.There have been discussions about re-
adopting another zoning code and that is when those definitions
can be more clarified.However, if they were to pass it, the
charitable organization that currently does that type of use
would be allowed to continue it.
Mayor Serdy commented he does
not want to rewrite all the code tonight but obviously the
questions is how charitable.Everybody thinks that Good Will is
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 14 OF 41
charity but it is really not.Probably some percentage or
something must be donated.
City Clerk Kathleen Connelly
stated she would be remiss as the city's tax person if she did
not say the laundromat use would produce a minimal amount of
sales tax.The use of the machines is considered rental.That
would be taxable.It would be taxable if someone had to pay for
detergent but overall it is minimal.Some of the other proposed
uses listed on pages 4 and 5 of the staff memo, health services,
educational services, equipment maintenance and repair, pet care
and employment services, those are non-taxable unless somebody
sells an item.She is not quite certain what indoor craftsman
and artisan construction is or telecom services.Telecom
services, if it is like Verizon and they are selling something,
the product is taxable.But if they are just selling a
subscription to a phone service it would be taxable on the far
end but not for that particular store.
Mayor Serdy requested the
applicant address the council.
Mr. Mario Mangiamele, Iplan
Consulting, Gilbert, addressed the council.He stated this is a
planned amendment request for approximately 4.5 acres of
commercial center.It is surrounded by adjacent properties that
are still within the planned development overlay but are
separate properties.He described the properties surrounding
the site.An update to the floor plan is the Jimmie John's in
Suite 101.The amendment is to modify the palette of uses of
permitted, conditional, administrative as well as prohibited
uses.When the initial planned development was adopted there
were many limitations placed on these properties as this is a
primary gateway into the city with a lot of visibility along
Apache Trail.While they agree it is important to maintain a
limitation of uses within this center, it is also important to
consider looking at additional uses.They believe they are at a
competitive disadvantage with some of the uses that have gone
on.There is a check cashing store directly east of their
property that is allowed within that zoning while their site is
not allowed that use.It is the same zoning and planned
development.When the planned development overlay was approved
for this shopping center the zoning code at that time they may
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 15 OF 41
not have considered additional analogous uses.They looked at
what uses they thought would be compatible with the center and
its surrounding area but still be compliant with the general
plan.They worked with staff to develop a list.The primary
driver for this was a laundromat or dry cleaning facility but
they looked at additional uses that could be compatible with
this center.Staff and the planning and zoning committee are in
support of the new list of uses except for the four that are
underlined, including the used merchandise sales.According to
the code, used merchandise sales encompasses a lot of use types.
It could be an antique store, a play it again sports, a used
records and tapes store and a multitude of different types of
uses that fall under that category.The ownership would like to
maintain they are actively trying to seek uses that very well
could be located there such as an antique store.The antique
store is not separate in the zoning code.It is under used
merchandise sales.They would also like to locate a pawn shop
in the center along with a check cashing store.They are in
agreement with staff that a group home would not be the best use
of the property.There is no room for one.They had a
neighborhood meeting on December 15, 2016 but they did not have
any attendees.Staff advised there has been some fallout from
one neighbor adjacent to the property with the primary concern
being maintenance issues.They may not necessarily be germane
to this zoning case.The owners of the center are relatively
new and have put forth substantial capital to improve the
center.There were a lot of maintenance issues but it is moving
forward in a positive manner.They are committed to working
with the city and the adjacent owner to address any maintenance
concerns.This is a unique opportunity to amend the planned
development overlay to add additional uses to the center to
hopefully expand the employment base as well as fill vacancies
within the center.He respectfully asked for their approval.
Councilmember Evans commented
there is the check cashing store next door.She asked how they
can say no here but yes there.It is contradictory.
City Attorney Joel Stern
stated that is more of a policy issue on how close they would
have them.They can do it legally.It is really a policy
decision.They can ask Larry what the basis of the policy would
be from a planner's point of view.That would be your
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 16 OF 41
professional staff advising what they believe is appropriate for
that particular area in town and particular property.
Councilmember Struble
commented one of his questions had already been answered when
they were advised they had been there about seven months.A lot
of those store fronts have been empty.He asked if he has
placed any new businesses in there in the last seven months.
Mr. Mario Mangiamele stated
he is not sure if Jimmie John's located there within the last
seven months.He would have to go back with the ownership.He
thinks they may have been there a little longer.He believes
the vacant store fronts have been there for quite some time to
his knowledge.
Councilmember Struble asked
if he thought they needed these changes to fill those spaces.
They have been limited in finding occupants because of the
palette.
Mr. Mario Mangiamele stated
it is somewhat limited when compared to the surrounding planned
development.The ownership has had a number of interested
parties but some of them they have already told they would not
support those sales, such as liquor stores.That is one they
have specifically prohibited with the amendment.There have
also been some other uses where they have been told that is not
what they are trying to achieve in the center.
Councilmember Struble asked
if they have been in contact with the neighbor who is concerned
about the noise and other issues.
Mr. Mario Mangiamele stated
he cannot speak for the owners.He does know he was out there
with one of the owners on a particular day and they attempted
contact with someone who was out in her yard yet still respected
her privacy.They did have a brief discussion.The primary
communication has been through staff which is probably more
appropriate at this time due to some concerns.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 17 OF 41
Councilmember Rizzi commented
she thinks the applicant brought up a good point with his
comment on used merchandise.He mentioned a few of the stores
that brings up a valid point.It is a little bit of a concern
of hers.
City Manager Bryant Powell
stated they may want to check with staff on the legality of
this.The council may want to decide if these uses should be
allowed or not.One thing they briefly talked about to the
planning commission is attaching a conditional use permit to
that use so that any time that particular use comes forward
there is another level of the process that is open to the public
with the planning commission and the council getting a chance to
review it, whether it is an antique store or a thrift store.
Staff is trying to avoid any more thrift stores in this area.
Mayor Serdy opened the public
hearing on the item.
Mr. Raydon Biggs, 4864 E.
Alamo Street, San Tan Valley, addressed the council.He is
there to represent his parents and neighbors who live north in
Haven Hollow.They are in full support of the building and
laundromat.Their concern was the letter sent out was very
vague on what was going into the building.In the future, they
suggested that if it is known what is going in the site to
include that information.It could clear up some confusion.
Mayor Serdy closed the public
hearing with no one else wishing to speak.He reopened the item
to council discussion.
Councilmember Barker
commented dollar stores, pawn shops and check cashing stores the
council does not want to see side by side.This is a
development right next to at least one of those.She can
certainly understand why staff would prohibit that from that
particular development.If not, they could have check cashing
stores up and down the Trail and that is not what they want to
see.If the lady thinks St. Vincent de Paul is causing her
trouble she will find out a laundromat will do a lot more.She
does share the concern about the used merchandise.It is very
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 18 OF 41
strange that it is so broad, undefined and undefinable.That is
something in the future they need to address.
Vice Mayor Wilson commented
this overlay was approved back in 2002.
City Clerk Kathleen Connelly
stated the initial redevelopment area was approved by council,
it went to a referendum vote and it was upheld by the citizens.
There were some changes that the council approved after that.
Rudy could probably give the time frame on when those things
happened.
City Manager Bryant Powell
stated it has been there for a while.
City Clerk Kathleen Connelly
stated it was originally voter approved.
Vice Mayor Wilson commented
they need to address the idea of an antique store as to him that
was confusing.It is tying too much together.
Mayor Serdy commented they do
not get a lot of revenue from a laundromat but having all the
businesses filled would be ideal.If you have ever had to use a
laundromat, when you put your stuff in there you have some time.
You will go shop at the Dollar Tree or wherever.He then closed
the discussion with no further comments and called for a motion.
Councilmember Waldron MOVED
THAT ORDINANCE NO. 1443 BE READ BY TITLE ONLY AND THE READING OF
THE ENTIRE ORDINANCE BE WAIVED.
Councilmember Rizzi SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
City Clerk Kathleen Connelly
read the ordinance by title only.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 19 OF 41
Councilmember Waldron MOVED
THAT ORDINANCE NO. 1443. AS READ BY THE CITY CLERK, BE APPROVED
AND ADOPTED.
Councilmember Rizzi SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
OLD BUSINESS
None.
NEW BUSINESS
ENTERPRISE FLEET MANAGEMENT
REGARDING A LEASE TO PURCHASE
OPTION FOR VEHICLE PROCUREMENTS
FOR FY 2017-2018
)City Manager Bryant Powell
stated Brian Gleave will be giving them a presentation on
information gathered over the last two years on vehicle
purchasing.This is discussion only and will propose an option
for the budget process.
Assistant City Manager Matt
Busby advised Eric Meyer was in attendance from Enterprise in
case they have any technical questions on the lease purchase
program.
Fleet Services Superintendent
Brian Gleave gave a presentation of the lease purchase program.
Councilmember Waldron asked
if Enterprise is the only one that offers this program.
Fleet Services Superintendent
Brian Gleave stated they are not.He believes there are some
other ones that do offer it but the city was approached by
Enterprise.Staff has looked into this but has not pursued any
others that he is aware of.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 20 OF 41
City Manager Bryant Powell
stated that is more of a procurement question so they would
definitely be vetting that out and working through that.
Remember this is still the information stage and they are still
in the process of learning it.It is a commitment and he wants
to make sure they are comfortable with it.It is something he
sees from where he is sitting now to when he was sitting where
Matt is that they have a lost decade.The sales tax revenue,
the ability to do what we used to do is just not there.They
keep getting further and further behind.This is just an
option.This is the second year in a row they are making this
recommendation.They will keep watching it.They will
definitely look at different procurement ideas.
Councilmember Evans asked why
they would go through Enterprise versus going straight to the
dealer.
Fleet Services Superintendent
Brian Gleave stated they purchase the vehicles through
Enterprise and they are, if we elect to do Ford, they would be
going through our local dealer and they would get the credit for
the sale of the vehicle although they are not the one that
actually sold the vehicle.That would also help the dealership.
Councilmember Evans commented
it seems like there is one extra person in the line to make
something happen.She has leased vehicles before.She asked if
a lease to purchase is just for the city.She has leased a
vehicle for a certain time and then turned it in.
City Manager Bryant Powell
stated it might be a good idea for the Enterprise representative
to come up and talk to them about the lease to purchase part of
it.
Councilmember Evans asked
what will happen to our department now and those employees if
they will be handling the maintenance part of it.
Fleet Services Superintendent
Brian Gleave stated he would still like to maintain the police
vehicles because he believes they would have a little bit faster
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 21 OF 41
turnaround and the employees they currently have take pride in
the police vehicles.They still have 165 other pieces of
equipment.By doing this they would free up the current staff
they have to further take care of the vehicles.They could
design programs that could actually do so.
Councilmember Evans commented
they would not be stretched so thin.
Fleet Services Supervisor
Brian Gleave stated that is correct.
Councilmember Evans commented
that is okay.She just wanted to make sure no one would get
laid off.
Fleet Services Supervisor
Brian Gleave stated he is sure they could keep everyone busy.
Councilmember Struble asked
what a white fleet is.
Fleet Services Supervisor
Brian Gleave stated they call the administrative vehicles white
fleet.They are any vehicles the city has that are normally
white.
City Manager Bryant Powell
stated those are parks and recreation, public works,
administration vehicles and development services.Pretty much
everything that is not the police department or the big ones.
Councilmember Struble asked
if this includes electric vehicles and alternative fuel
vehicles.
Fleet Services Supervisor
Brian Gleave stated from what he understands it is anything that
Ford has to offer.
City Manager Bryant Powell
stated they tried an electric vehicle before and he can give
them some information on how well that has gone with Ford.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 22 OF 41
Councilmember Barker
commented he had said that Enterprise would dispose of our
current vehicles.She asked how that would be accomplished.
Fleet Services Supervisor
Brian Gleave stated it would take six years.They would take
the ones the city is going to delete.They would then auction
them for the city and the monies would come back to the city.
Councilmember Rizzi commented
she could tell him where to get a good deal on tires.
City Manager Bryant Powell
stated they would be bidding them out.
Mayor Serdy commented this is
for discussion only.
City Manager Bryant Powell
stated the only other question was on the lease purchase.He
asked the representative if he could answer how the lease
purchase would go.
Mr. Eric Meyer stated the
program is available for municipalities as well as corporations
and privately held companies across the nation.It is not an
option for an individual.In general the individuals are
considered a long term rental.There is a limited amount of
time and miles.If the mileage is exceeded or there is wear and
tear there are additional costs.
Councilmember Struble asked
if he was saying there is no limit on the miles.
Mr. Eric Meyer stated there
is no limit on miles and no wear and tear penalty.The benefit
of these programs is that through this type of program they can
fund more vehicles and get more of the older vehicles off the
road for about the same budget.If they had a $225,000 budget
to acquire vehicles for the year, they might be able to acquire
ten vehicles.By using the funding mechanism, they could
acquire 40 or 45 vehicles with the lower maintenance costs.
They reduce the overall spent and the fuel efficiencies play out
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 23 OF 41
with newer, more reliable and safer vehicles.They are lowering
the fuel costs, lowering the maintenance costs and with the
government purchase program their acquisition costs are so low
it gives them great incentive to acquire newer vehicles.
Councilmember Waldron asked
where they make their money at, knowing they are not a charity.
Mr. Eric Meyer stated they
acquire a million vehicles a year.They have agreements with
every major manufacturer.There is money made on the front end
much like a dealership.The manufacturers give them a kickback.
The local dealerships still get credit for delivering the unit
so they get a little bit of money on the front end plus they get
the manufacturer credit for delivering the unit which helps them
in ordering the following year.Through their program they pay
for the maintenance and repair excluding tires.That is
generally run through the local dealership for their mechanics.
If it is run through the dealership they make money on the
repairs as well.The overall goal is to reduce the cost through
efficiency, reducing operating costs and fixing those costs so
that municipalities across the nation can budget accordingly and
replace the fleet on a regular cycle.
Councilmember Evans asked why
they only seem to use Ford of all of the manufacturers that they
work with instead of some of the other dealerships that have
entire lines.
City Manager Bryant Powell
stated that would be a question for the chief.
Councilmember Evans commented
she wants to know the one that has the best performance record.
She asked if it is Ford, Toyota, Nissan or another.
Mr. Eric Meyer asked if from
a safety perspective.
Councilmember Evans commented
from maintenance costs.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 24 OF 41
Mr. Eric Meyer stated they
are all within a penny or two per mile for the major
manufacturers and the types of vehicles they are recommending.
If they are all within the ballpark, they look at acquisition
costs, disposal or resale and recaptured equity.If they can
acquire vehicles for a lower cost and recapture equity at an
optimal time, then the overall depreciation of the vehicle is
much lower.Ford plays very well in the fleet world.They are
very, very aggressive with incentives for government entities
across the nation.That is why they are the preferred vendor
and in this case it is because of the type of vehicles and
utilization that they have looked at.Ford came out on top.
Councilmember Struble
commented at the end of five years the city owns 75% of the
vehicle.There are depreciation costs at the end of five years.
For an example, at the beginning the vehicle is worth $25,000.
It depreciates out totally in business after five years.He
asked what 75% of the value would be if it is totally
depreciated out which would be zero.
Mr. Eric Meyer stated they
are depreciating it out at a lower rate because of the
utilization.The lower miles typically come into play in the
market place.With five years or 100,000 to 125,000 miles, they
will see a significant reduction in market value.The city's
utilization of the vehicles traveling is estimated 5,000 to
10,000 miles a year.There are cases where mileage increases in
some of the vehicles because of utilization, but on average that
vehicle may only have 60,000 to 70,000 miles after five years.
It has not been fully depreciated in the sense of the useful
life.The goal is to depreciate accordingly based on what is
actually used.If there is a case where a driver is utilizing
the vehicle at 20,000 to 25,000 miles per year, then that
vehicle would be depreciated accordingly and probably
depreciated to zero over the course of five years.
Councilmember Struble asked
if at the end of five years they use the Kelley Blue Book value
of it and get 75% of that.
Mr. Eric Meyer stated they
actually go to the open market and sell the vehicle.The
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 25 OF 41
majority of the vehicles are actually sold by hand to local
dealerships that are franchised and privately -owned.A very
small percentage actually go through auction.That recapture of
equity is for the city to hopefully roll back into the fleet and
reduce the overall costs.That is all part of the cost of the
program.
City Manager Bryant Powell
stated this is an informational item and they will be bringing
it up again during the budget process.
Mayor Serdy closed the item
and moved on to the next item.
CASE AM -2-16, PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT CODE,
CHAPTER 1 ZONING ORDINANCE,
ARTICLE 1-6 SUPPLEMENTARY
REGULATIONS, SECTION 1-6-12
MEDICAL MARIJUANA, TO AMEND THE
NONPROFIT MEDICAL CULTIVATION
FACILITIES AND INFUSION
FACILITIES
)City Attorney Joel Stern
briefed the council on the item.The planning and zoning
commission had continued this item and therefore the council
could not meet on it.The item will be on the March 7 agenda.
Mayor Serdy closed the item
and moved on to the next item.
DIRECTION TO STAFF
ESTABLISHING OLEANDER REGULATIONS )
)City Clerk Kathleen
Connelly stated there are some request to speak forms that the
mayor has.There are some people who thought they could speak
on this item.Since it is not a public hearing they cannot do
so.They will have to wait until Call to the Public to speak.
Mayor Serdy commented there
will be no speaking on this item at all other than up here.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 26 OF 41
City Clerk Kathleen Connelly
stated it will be staff, the mayor and council only.
City Attorney Joel Stern
briefed the council on the item.
Councilmember Evans commented
as a horse owner she lost her last horse about eight weeks ago.
It is always traumatic when they are sick and whenever they
pass.One of the problems she has with this is she went on the
internet and typed in Arizona plants poisonous to horses.There
are actually ten of them.To just single out oleanders is not
the intent.We have so many areas and we will have more and
more of these areas where we are going to have subdivisions or
planned communities that border horse property.She agrees that
if they can have it as recommended in the design code or the
landscaping code because some of the information that she was
reading was even dried oleander leaves are sometimes found in
flakes of hay.She asked where they could say the leaves that
killed this horse come from.That is her question.She asked
how they could enforce what could happen.There is no way to
prove it.We can recommend these not be planted or any of these
ten plants be planted.She asked what the enforceability is of
any already existing.She asked how do they prove which house
or if it blew up from Casa Grande in one of our summer
windstorms.She asked how they prove where those leaves came
from.
Mayor Serdy commented if
someone obviously maliciously planted them they are not going to
listen to a recommendation.They did it on purpose with intent
to harm an animal they did not like.That would answer that
question.
Councilmember Struble
commented he is not sure how that would answer that question.
The question is the enforcement of anything we do.Like Gail
asked how do they enforce.He asked if should they put it into
a planned development and say it cannot be planted in these
developments.
Mayor Serdy asked if it would
be easier to do by zoning.He cannot have a horse where he
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 27 OF 41
lives but he can have oleanders.If they are in an area planned
for horses they should be banned in those areas.
City Attorney Joel Stern
stated they can do that but they would again be subject to
Proposition 207 which is for people who already have the banned
plant.If they are going to do it, it is probably better to
have a list of plants that should not be planted.It is not a
recommendation, it is a prohibition.
Mayor Serdy commented castor
bean should be on there as well as it is an accident waiting to
happen, too.
Councilmember Rizzi commented
she has burros and her neighbor has horses.They have oleanders
going down the entire property line where it divides the
animals.She has lived there for over twenty years.It is
unfortunate that it can happen but they have never had an issue.
The neighbor's horses run free and her burros run free and they
have never eaten them.She is concerned with getting into
banning them because then we would go around and start making
people pull them out that already have them.They can be very
beneficial for certain areas for people that want a wall.They
can be attractive.She would be more in favor to see if they
could have something where if it is an issue with the neighbor,
the neighbor has to contain it.It is on the neighbor's
property and has now become an issue.It should not be an
issue.Whatever is on one's property should not be an issue.
She does not know if they can enforce that.She asked if they
could enforce them to keep it trimmed below the fence line or
keep them trimmed back on their fence.She asked if they fine
them if they do not.
Mayor Serdy commented if he
goes in there with loppers, they fall to the ground and if he
does not pick them up then they can blow into the neighbor's
property.They cannot just cut them, they have to be cut and
picked up.
Councilmember Struble asked
if this would fall under the same as dirty pool rules or
whatever you want to call it where because of mosquitoes and all
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 28 OF 41
that kind of stuff.He asked if that is how they would enforce
this.
City Attorney Joel Stern
stated that is one way.They would basically call it a public
nuisance.They could add to Chapter 9 in what is a public
nuisance and this could be one of them.There could be an
enforcement issue depending on the officer.They might need
some more officers to really go after all the oleanders.Like
they saw with Norco, they do it on a complaint basis.They do
not go and look for them.
Councilmember Rizzi commented
that is what she was going to suggest, that they make it
complaint based so that you can have them but if it becomes an
issue and a complaint is filed, then it would be code
enforcement.Make it complaint driven.People should have to
keep their plants and stuff or whatever on their property. It
should not interfere with the neighbors.
Vice Mayor Wilson commented
he has been sitting back and listening to everyone as they all
know he has horses.Fortunately he lives in an area that does
not have oleanders.What started this issue has been one
neighbor decided to plant oleanders adjacent to the area where
horses are kept and housed.The neighbor is of the opinion that
he wants the oleanders to grow to 20' in height.He has stated
his goal is for his neighbor not to have any horses at all.
This has spread to other areas, not necessarily in our city,
where they are learning that oleanders are a poisonous plant.
He talked to a veterinarian in Gilbert who has treated horses
that have come in contact with oleanders.They do become
severely sick and in one case the horse died.A dog was treated
this past November that passed away.The young boy that was
playing with the dog had used an oleander stick for the dog to
retrieve and the dog became sick afterwards.He related the
story of his grandfather many years ago who trimmed oleanders
and put them into a plastic bag to haul to the landfill.He
ended up in the hospital for almost ten days because of oleander
poisoning.He would like to see them look at an ordinance
saying if someone has oleanders on their property it would be
okay but they have to keep them contained.The leaves and
branches must be on their side of the property.The height of
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 29 OF 41
the oleander should be restricted to the height of the fences
keeping them in.We have rules under the cruelty side that if
someone puts a container of antifreeze out in front of their
house because a neighbor's dog keeps coming over and crapping in
the yard, they can be charged with animal cruelty because that
is done.By the same token, this is one of those things that
you look at and it is almost the same thing.This is a neighbor
wanting to get rid of someone else's property on their property.
They feel this is a way of going about and doing it.They want
the person gone so this is what they want.He understands this
is civil in nature between two neighbors but it is something he
feels they need to look into as to what they can do to best
avoid future as well this problem.It can continue to grow.We
will have more people buying in the large lots of our community
and there will be some people who will say they are tired of
hearing that mule or horse at 3:00 a.m. pulling on the feeder or
neighing in the middle of the night.They will want something
done about it.It is the rural part of our community.It is
something we enjoy as members of the horse community.He
mentioned he had been at West World and the number of people
that came up to him and stated they enjoy the Apache Junction
area, including Canadians, Minnesotans, people the furthest east
in New York, people from here who brought their horses here to
either be boarded and ride in our area.They want us to
maintain the area.He feels this is something we need to look
at.It is the best way we can assist in trying to control their
spread.
Councilmember Waldron
commented he has a couple of concerns.The information that was
provided to them last time from the University of New Mexico
indicated the green leaves are not poisonous to animals but the
leaves that have fallen to the ground are.
Vice Mayor Wilson commented
they are both poisonous.The dried leaves are a little bit less
than the green leaves.The plant does not lose the poison.It
stays with it when they are dry or green.The green leaf has
more of a bitter taste so the animal does not want to eat the
green leaves.If it is dried and mixed in with the hay, and it
does happen, it is harmful to the animal.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 30 OF 41
Mayor Serdy commented it is
more of a problem because they do not know they are eating it.
Councilmember Waldron
commented he agrees with Christa where an outright ban is
probably not appropriate.This is a neighborhood dispute that
is a civil case.We are trying to look at ways to push that
dispute city-wide and affect everyone else.We need to take a
close look at some options.If they are going to look at this
for an ordinance, they need to look at options that are
available.It is like the legislature.One legislator up in
Phoenix will deal with one constituent and introduce a bill that
affects the whole state.To him this is not appropriate.They
need to look at some options with this one and see what we can
do.
Vice Mayor Wilson agreed with
him and commented they need to see what they can do.
Councilmember Barker
commented the vice mayor brought up a point and she is wondering
if it could be one of the options, and that was the animal
cruelty thing.She wonders if they could look at it from that
point of view.A neighbor that has drooping oleanders who does
not bother to pick them up could possibly be charged with that.
She does not know.She is trying to get away from the whole
city or a specific zone or that type of thing.
Councilmember Evans commented
she would just like to look at it and consider doing it on all
ten poisonous plants instead of just singling out oleanders.
Councilmember Barker asked
what the ten plants are.
Councilmember Evans commented
they are bracken fern, hemlock, Johnson grass, locoweed,
oleander, red maple trees, water hemlock, yellow star thistle,
tansy ragwort and yew.It is a design issue because of the
enforcement.It is so unfortunate that this is another neighbor
situation tonight where we have neighbors angry.She is curious
as to why he is so anti -horse.She wondered if there was
another issue that created him to plant his oleanders.We do
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 31 OF 41
not know.We are not here to settle neighborhood disputes.
That is not their purpose.In protecting our animals, they
should not just single out oleanders when they know there are
ten that are actually poisonous to horses.
Mayor Serdy commented
oleanders are very common and people plant it because they think
it is pretty.The only other one he has seen for sale, one will
see ferns for sale and castor beans for sale but he does not
think one will buy hemlocks and yew plants here.He thinks they
have a chance to send a message that we are very horse -friendly.
They do not have to be followers.They can go above and beyond
and people pay attention to that.The whole valley is losing
its horse presence.Let us send a message that we are horse-
friendly.It does not have to be the whole city; just the area
zoned for horses.Since this is going to be direction to staff
he asked if they could get more input from people of the horse
community besides the vice mayor.He asked if they could have
an open suggestion period for people.
City Attorney Joel Stern
stated that could be part of the direction to staff.
Mayor Serdy commented he
would like to see that kind of involvement.
Vice Mayor Wilson asked if he
was saying to have some type of committee set up to look into
this.
Mayor Serdy commented
possibly.He always goes to the experts.If it is a firearm
issue they do not want to have people settle that who know
nothing about it.Let us hear from the people that are living
this every day and see what their suggestions are.
Councilmember Evans asked if
he meant veterinarians or people dealing with the sick horses
from these issues or just horse community people.
Mayor Serdy commented horse
community and the veterinarians.Maybe landscapers, too.There
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 32 OF 41
are a lot of landscapers in town that might have a different
view on this than us.
City Manager Bryant Powell
stated he always goes back to what problem definition are we
trying to solve here.If they are going to set up a committee
to talk about it, they can do that.That may be one way.But
they need to define the problem.He does not know where
Councilmember Rizzi is going on this, but it is a neighbor to
neighbor.We do know, based on what Vice Mayor Wilson was
talking about it possibly has a malicious intent.We can
certainly ask staff to do it with a direction to staff.It
would be put on staff and that is time.There will be other
things we will not be able to do.But he wanted to say we can
do that.He wanted help in defining what it might look like.
Councilmember Rizzi asked if
we currently have an ordinance that says one has to keep their
tree branches or stuff on their side of the fence or yard and
contained.
City Clerk Kathleen Connelly
stated we do not.
Mayor Serdy commented that
has come up before.His yard is hanging over everybody's yard
but he is in a different type zone.He has oleanders and he is
not going to be poisoning any horses.
Councilmember Rizzi commented
if it is complaint driven then it can be enforced.The mayor is
not causing a problem and his neighbor does not have an issue.
If her oleanders are flopping over onto the neighbor's side and
it is an issue, then it becomes complaint driven.Her point is,
if it is complaint driven it does not have to be enforced.The
neighbors get along and love the plants and everybody is happy.
Mayor Serdy commented if
there is an acacia pendula that looks like a weeping willow it
will not do any harm and it is pretty.But he might have
someone move here from California or New York and they do not
like it.That is why it would be good to name oleander by name.
When oleanders are hanging over it is a different situation.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 33 OF 41
Councilmember Struble
commented he agrees with Bryant that they need to get very
specific as to what we are looking for and how we want to attack
that.
City Manager Bryant Powell
stated we want to manage this.We have been talking about this
for a long time.This is the first case he is aware of where we
have had this type of issue.It may not be, but it is the first
one that has come to the council.He does not know if this is a
widespread problem or how many horses are affected.Without
data, it sounds like we have one case and maybe they can talk to
the neighbors.He asked if they had done that.
Councilmember Wilson
commented he has not talked to the neighbors personally.His
wife has and others have.They are not very receptive at all to
conversation.
Councilmember Waldron
commented maybe this would be something for Solve It.
City Manager Bryant Powell
stated that is an option.It is a third party group that does
mediation.He does not know if they have been asked.
Mayor Serdy commented they
have the capability of bringing people together.
Councilmember Waldron
commented they work with the two parties.
City Manager Bryant Powell
stated when we get into spots, staff does reach out to Solve It.
We usually have a few cases a year where we cannot get past an
impasse on neighbor to neighbor disputes.It is a third party
group but it has to be both sides wanting to be part of it.
Councilmember Waldron
commented they just attempt to resolve issues between those two
parties.They do not create things.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 34 OF 41
Mayor Serdy commented if you
look out into the audience there are more than those people
concerned about it.
City Manager Bryant Powell
asked if the city attorney or development services director had
any thoughts about the three main themes of containing the
leaves, branch height and cruelty.
City Attorney Joel Stern
asked what his question is.
City Manager Bryant Powell
stated Vice Mayor Wilson brought these three items of cruelty to
animals, height of the fence or keeping it.He asked if they
have the ability to enforce that if it is complaint driven.
City Attorney Joel Stern
stated they can pass an ordinance on height.It would have to
be in the property maintenance code and they would need officers
to enforce it.They would have to decide if it would be
complaint based or proactive, meaning code officers going down
the street looking for stuff.That is one proactive way.Or it
could just be complaints.They can do that through Chapter 9.
The cruelty to animals is a more difficult question.In the
criminal code they have to have an intent by the individual, a
specific intent to actually harm an animal.There are different
degrees of cruelty to animals.If they did not know that it was
poisonous or if they testify that way, that is one issue.The
question is how they would prove specific intent.If people
heard them in the past say they want to kill all the horses in
the neighborhood so they are going to have 20' tall oleanders
because they know they are poisonous, that is a different issue.
There is also the question of would if it be prosecuted as a
misdemeanor or a felony.If it is a felony it has to be done
through the county attorney's office.If it is a misdemeanor it
would be his office.There is a lot of prosecutorial issues
there.The third one was containment.Wind does amazing
things.It is hard to contain a plant event if it is at 6' tall
and parallel to a wall and it is no taller than that.The
question would be how they would prove that leaves that end up
on someone's property came from that particular property.Even
if they cut them to a level that was required under the code.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 35 OF 41
They can pass something that says they have to contain it but
they would get into enforcement issues.The individual officer
would have to see leaves blow over.It would have to be
something like that.
Councilmember Barker
commented it sound to her like they are looking at putting
something into the property maintenance code that would simply
prohibit as Councilmember Evans is saying all those plants in
any new development.That does not help this particular problem
but again this is an individual problem.He is saying that
animal cruelty is probably way out and he is saying containment
is probably impossible.If they are going to be really specific
on what we want we need to come down to that level.They have
to decide where they want it, how they want it and so on.They
cannot just tell staff to go do something about this because our
staff is so busy now they are running around constantly with how
many code amendments to make and so on.This is just one more
thing piled on them.
City Attorney Joel Stern
commented he thinks it is true that mulberry trees cannot be
planted in the city.They have the beginning of a list.He
asked if that is under Chapter 9.
Development Services Director
Larry Kirch stated it is part of the landscape code.For new
development they could discourage or prohibit certain types of
species.For the other part they were talking about, it sounds
like one approach is Chapter 9 which is property maintenance.
They would add those to the list and it could be done like Norco
on a complaint basis.They would still have to get some
parameters.They could limit it to the height of the wall next
door but that is not going to rule out 100% that a dried leaf is
not going to blow over the wall.It would be better than not
having the ordinance at all.He thinks complaint driven is
really the only way to go.They cannot obviously go out and
start looking for every oleander bush.
Councilmember Evans commented
if they did it for new development then someone buys a house
with the initial landscape package.That person then decides
since these plants are being sold at local nurseries and stores,
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 36 OF 41
it is not as though they are not obtainable, not like trying to
buy a marijuana plant, they will buy oleanders.
Development Services Director
Larry Kirch stated it could be part of a homeowners association.
They could have it in the CC&Rs.They could list plant species
that might not be allowed.The homeowners association would say
these are the plant species one could have but they cannot have
these three or ten.They could be an enforcement tool if there
is a homeowners association.If it is someone just pulling a
building permit on a 1.25 acre zoned general rural, there are no
landscaping requirements for new development, meaning one single
family home on a lot.This would be for commercial developments
and planned developments that would usually have a landscape
architect involved and they could have those under the landscape
code.In other areas they would have to use the property
maintenance code.
Vice Mayor Wilson commented
he is going to explore his comment on getting input in.If he
remembers correctly several years ago they had a group of
citizens that met, he does not remembers if staff was involved
or not, on the use of steel buildings in the zoned area just
north of where he lives.
City Attorney Joel Stern
stated that was for the accessory buildings.
Vice Mayor Wilson commented
that is correct.He asked if staff was involved with them as
well.
City Attorney Joel Stern
stated they did not have a committee, something that is like a
formal committee, but he believes the city manager and staff
were on the committee.He asked if that was correct.
City Manager Bryant Powell
stated that is correct.Another example was the time when they
worked through with the private haulers regarding waste removal
of manure.They had some staff, some outside experts and the
trash companies.They could set up a committee kind of like
that if that is what he is thinking of.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 37 OF 41
Vice Mayor Wilson asked if it
would be possible to do something like that.He MOVED IT WOULD
NOT BE AN OFFICIAL COMMITTEE BUT WOULD BE AN ADVISORY GROUP THAT
WOULD COME BACK WITH A RECOMMENDATION TO THE COUNCIL TO TURN
AROUND AND RECOMMEND TO STAFF.
City Attorney Joel Stern
stated he can direct the city manager to create a technical
committee.He would not call it a committee.
Vice Mayor Wilson AMENDED THE
MOTION TO WORKING GROUP.
City Attorney Joel Stern
stated a working group would be good.It would be good as long
as there are no council members on it, otherwise they would be
recommending to the council.
Councilmember Barker asked if
that was his motion.
Vice Mayor Wilson commented
it sounded like a good motion to him, that we have a working
group.
Councilmember Rizzi SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
Mayor Serdy called for a
motion.
Councilmember Evans MOVED
THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A REGULAR MEETING AT
7:00 P.M. BE HELD ON MONDAY, MARCH 6, 2017, IN THE CITY COUNCIL
CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 38 OF 41
THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, MARCH
7, 2017 IN THE CITY COUNCIL CONFERENCE ROOM.
Councilmember Barker SECONDED
THE MOTION.
VOTE:Unanimous.
The motion carried.
CALL TO THE PUBLIC
Mr. Rich Brown, 236 N. Saguaro, Apache Junction, addressed the
council regarding semi -trucks being parked in front of the
Veterans of Foreign Wars so that cars cannot go in and out of
the parking lot.He requested a no parking or unloading area in
front of the Veterans of Foreign Wars.
Mr. Brian Johogos, 2285 S. Royal Palm, Apache Junction, declined
to speak.
Mr. Steve McClintock, 3720 Rowan, Mesa, president of the Back
County Horsemen, addressed the council in support of oleander
control.
Mr. Darryl Cross, 1018 N. Acacia, Apache Junction, addressed the
council in support of oleander control.
Ms. Katherine Boron, 344 S. Starr, Apache Junction, addressed
the council in support of oleander control.She had a copy of
an oleander ordinance she wanted a few years ago.
Ms. Judy Lutes, 4381 N. Ironwood, Apache Junction, addressed the
council regarding the Winters Visitors Association Farewell
Bash.
Mr. Jeremy Hoenack, 1985 W. Apache Trail, Apache Junction,
addressed the council to show the lake from rain where his
driveway is supposed to be after improvements done to his plaza.
Councilmember Waldron directed the city manager to direct the
public safety director to look into the problem with the semis.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 39 OF 41
It is a narrow street and it may just take a visit from the
chief to have them direct the trucks somewhere else.
City Manager Bryant Powell stated he and the chief will touch
base on that.
Vice Mayor Wilson asked staff to look into the drainage issue.
Mayor Serdy commented he would like to look into that, too.If
it was not like that before we did the work we should not be
making things worse.There might be some kind of spillway we
can dig.He asked engineering to look into that.
ADJOURNMENT
)Mayor Serdy called for a
motion to adjourn the meeting.
THE MOTION.
Vice Mayor Wilson SO MOVED.
Councilmember Rizzi SECONDED
Mayor Serdy adjourned the
meeting at 9:30 p.m. with no vote.
Consent Agenda Items are as follows:
1. Consideration of acceptance of agenda.
2. Consideration of approval of minutes of regular meeting of
February 7, 2017.
3. Consideration of approval of proposed Resolution No. 17-04,
authorizing the city to enter into an Intergovernmental
Agreement with Pinal County for the city's participation in
the Pinal County hosted Annual Safety Roadeo.
4. Consideration of approval of proposed Resolution No. 17-02,
authorizing the city to enter into an Intergovernmental
Agreement among the signatory political jurisdictions within
the State of Arizona and the Arizona Department of Emergency
and Military Affairs.
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 40 OF 41
ACCEPTED THIS
_704
DAY OF ,2017, BY THE
MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS -704 DAY OF fr4664.,2017.
ATTEST:
KATHLEEN CONNELLY
City Clerk
40
JEFF/ P RDY j,
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
21st day of February, 2017.I further certify that the meeting
was duly called and held and that a quorum was present.
Dated this 28th day of February, 2017.
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 21, 2017
PAGE 41 OF 41