City Council Meeting

Meeting location: City of Apache Junction, Arizona City Council Chambers at City Hall Meeting Minutes 300 E. Superstition Blvd Apache Junction, AZ City Council Meeting 85119 apachejunctionaz.gov Ph: (480) 982-8002 Tuesday, November 16, 2021 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Nesser led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Police Chief Al Bravo, Public Information Officer Rudy Esquivias, Planning Manager/Zoning Administrator Liz Langenbach, Parks & Recreation Director Nicholas Leftwich, Associate Planner Janine Hanna-Solley, Economic Development Director Heather Hodgman, Administrative Services Manager Jamie Sullivan, Recreation Superintendent D. CONSENT AGENDA Vice Chair Rizzi moved, seconded by Councilmember Nesser that the consent agenda be accepted as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21-635 Consideration of acceptance of agenda. 2. 21-636 Consideration of approval of minutes of the regular meeting of November 2nd, City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes November 16, 2021 2021. 3. 21-657 Consideration on legal advertising agreement with the Arizona Republic for calendar year 2022. 4. 21-666 Consideration of approval of professional services agreements for municipal court criminal indigent defense. 5. 21-670 Consideration on removing two (2) existing heating, ventilation and air conditioning units and installing two (2) TRANE heating, ventilation and air conditioning units located at the Multi-Generational Center. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 6. 21-638 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Biggs shared that he went on the Salt River tour by helicopter to view the watersheds. He said he now better understands the importance of watersheds and how they bring water to our homes. Councilmember Evans shared that the community garden at Earthheart Park received a $15,000.00 Circle K grant. She added that two Saturdays ago the Community Development Corporation and 30 volunteers continued the planting in the median on Apache Trail. She also recognized a new resident, Carl Osaka and his family, for participating in the event as well. Councilmember Schroeder shared that the Central Arizona Association of Governments (CAAG) will not be meeting until January. He added the Pinal Regional Transportation Authority will be meeting sometime in December so he will have an update soon. He also said the watershed tour was a phenomenal experience and he learned a lot about how the local lakes and dams bring water and electricity to the city and recommends the tour to anyone that has the opportunity to go. Councilmember Gremmel said the Greater Phoenix Economic Council (GPEC) meets in December and should have an update at the next meeting. Vice Mayor Rizzi echoed both Councilmembers Biggs' and Schroeder's feelings about the SRP watershed tour. Councilmember Nesser invited anyone wishing to see pictures of the watersheds to see her and other councilmembers after the meeting. Mayor Wilson shared that he recently attended the Pinal County Partnership meeting where various developers explained how they work together on transportation, economic and residential developments. They discussed how they work together for cooperative expansion that benefits everyone. The discussion included water usage and conservation efforts, clean air programs and how they exceed standards, and the planning of current and future transportation. Mayor Wilson also shared that he recently attended the ground breaking ceremony of the new Golfstream Aerospace Corporation's new aircraft services center at Phoenix Mesa Gateway Airport. This facility will be the largest service center west of the Mississippi and will employ City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes November 16, 2021 approximately 350 people. He added there will be second phase that will employ an additional 350 people. He said Golfstream will be working with the local colleges in aviation maintenance and service. He also shared there will be four additional airlines flying into the airport and that the airport applied for a federal grant to expand the existing terminal due to the increased traffic and that the airport authority is planning on building a new terminal east of the runways which will be in the next five years. Mayor Wilson shared he participated in the Veteran's Day Parade and attended the Festival of the Superstitions. He thanked the chamber of commerce for the well run event. G. CITY MANAGER'S REPORT 7. 21-639 City Manager's Report. City Manager Bryant Powell thanked those organizations responsible for the Veteran's Day parade honoring service members and recognized the importance of the platform to discuss critical issues for our veterans and community. Mr. Powell also thanked public works, parks and recreation, and public safety staff for their work in making the event safe and enjoyable to the community. He also reported that the Trunk or Treat Halloween event had triple the amount of attendees than expected. He added the household hazardous waste event took place Saturday which was the concluding day of the free dump week. Mr. Powell thanked city staff for their ongoing and professional work in our community. 8. 21-640 Announcement of current events. Public Information Officer Al Bravo announced that the recent annexation of the 6600 acres south of the city increased the city's jurisdiction to just north of the future extension of state route 24. The police department knows that Ironwood Drive has a high quantity of traffic accidents and in the interest of public safety has declared a enforcement zone for this area. Mr. Bravo said the police department will be increasing enforcement to keep all motorist safe traveling on Ironwood Drive. He added this new enforcement will be well advertised on several media platforms. Mr. Bravo shared pictures from the Festival of the Superstitions pie eating contest in which several council members participated. He shared there will be a holiday lighting event at Earthheart Park on Thursday, December 2nd that starts at 5:00 pm. Councilmember Schroeder recognized Laveer Kirch for his efforts in the transformation of the community garden at Earthheart Park. Vice Chair Rizzi thanked all the organizations responsible for the Veteran's Day events. H. PUBLIC HEARINGS 9. 21-483 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1507, amending the Apache Junction City Code, Volume I, City Code, by amending Chapter 4: Fees; Article 4-1: Parks and Recreation Fee Schedule. Councilmember Evans moved, seconded by Vice Mayor Rizzi that Ordinance No. 1507 be approved as read by title only and the reading of the entire ordinance be waived. Yes - 7 No - 0 Motion passed. City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes November 16, 2021 Councilmember Evans moved, seconded by Councillmember Nesser that Ordinance No. 1507, as read by the city clerk be approved. Yes - 7 No - 0 Motion passed. Parks and Recreation Director Liz Langenbach reviewed the proposed changes and updates to the Parks and Recreation fees. Councilmember Schroeder asked if there was an increase in commercial facility rentals. Ms. Langenbach answered that when commercial entities inquired about the use and rental of facilities they've been told no. She explained although there haven't been a lot of requests, the fact that they currently can't may explain the low numbers. She added this will give for-profit businesses the opportunity to rent facilities. Councilmember Schroeder asked is there were a lot of nonresidents using the facilities as well. Ms. Langenbach explained residents are given priority over nonresidents. She said as demands increase on programs and facilities, the increase for nonresidents gives residents a benefit. Councilmember Nesser asked if by eliminating the pool rental fee for under 100 people it removes the opportunity to rent the pool for smaller groups. Ms. Langengach explained that category was removed because of the cost associated with renting to smaller groups and added that if a group smaller than 100 wanted to rent the pool they were more than welcome but would still have to pay the fee for the larger group. Councilmember Nesser asked if the language can be changed to read 1 to 149 people. Ms. Langenbach said the language could be changed in the motion if the council wishes. Mayor Wilson opened the public hearing portion of the item. Jeff Barlett, 108 N. Meridian, Apt 220, Apache Junction, agreed with allowing businesses to rent park facilities but doesn't feel it appropriate charging different rates for residents, nonresidents, nonprofit organizations and profit businesses. He added that because federal funded grants are used to pay for the parks for profit businesses should be allowed to use them at the same fees as the others. He also added parks should be run in the private sector. He thanked the council for allowing private businesses the opportunity to rent park facilities. Having no others request to speak, Mayor Wilson closed the public hearing. Councilmember Evans, referring to a chart in the handout, said the language on the paperwork for small group pool rental says up to 149 people so the motion won't have to be changed. Mayor Wilson called for a motion. 10. 21-648 Presentation, discussion, public hearing, and consideration of proposed Resolution No. 21-29 , a resolution of the mayor and city council of the City of Apache Junction, Pinal County, Arizona declaring as a public record that certain document filed with the city clerk entitled “2021 Amendments to the Apache Junction City Code, Volume I, Chapter 4 Fees, Article 4-1: Parks and Recreation Fee Schedule; repealing any conflicting provisions, providing for penalties and providing for severability. City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes November 16, 2021 Councilmember Evans moved, seconded by Councilmember Gremmel that Resolution No. 21-29, a resolution of the mayor and city council of the City of Apache Junction, Arizona, a declaring as a public record that certain document filed with the city clerk entitled “2021 Amendments to the Apache Junction City Code, Volume I, Chapter 4 Fees, Article 4-1: Parks and Recreation Fee Schedule; repealing any conflicting provisions, providing for penalties and providing for severability be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Mayor Wilson opened the public hearing. Receiving no comments, Mayor Wilson closed the public hearing. Mayor Wilson called for a motion. 11. 21-649 Presentation, discussion, public hearing and consideration of proposed case PA-1-21, a request by Hassle Free House Buyers, LLC, represented by Danielle Graham, for the approval of a private access way through 100-30-022F, -085A, -022E, -0860 and -022C, on the Silver Drive alignment immediately south of W. Roundup St. between N. Ironwood Drive and N. Gold Drive to serve the involved present properties and the future properties proposed from splitting 100-30-022C in Lot Split Case P-21-33-LSM. Vice Mayor Rizzi moved, seconded by Councilmember Biggs that the item be continued until February 15, 2022 in accordance with the discussions of tonight's meeting. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Associate Planner Nick Leftwich presented the request by Hassle Free House Buyers. Councilmember Evans asked Mr. Leftwich to confirm that it is not a city owned street or private street. He confirmed that it is not a street, it is just a driveway that crossed five properties without a formal agreement. City Attorney Joel Stern asked if this was all private property. Mr. Leftwich said that was correct. Councilmember Schroeder asked why the street had a name. Mr. Leftwich explained although Public Works staff can't say why it has a name, it shouldn't. Mr. Leftwich explained the street name has always been there and there is no answer why it has a name. City Manager Bryant Powell said it could be an issue with the post office. Mr. Leftwich explained that a land split application was submitted but because city code does not allow for a parcel to be created without access, they would have to create this access to allow for the parcel to be split. Mr. Leftwich also explained that the applicant obtained an easement agreement from the affected property owners and because city code does not allow for land splits like this, the creation of a street has to be approved by the council. City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes November 16, 2021 Councilmember Evans asked if the properties along that access area have a recorded document stating they relinquished 15 feet for a private driveway. Mr. Leftwich said the recorded document states it is for access but not in the wording for a private access way. Councilmember Evans asked if the 15 feet is still their property. Mr. Leftwhich said yes. Councilmember Evans said this will change their front yards. Mr. Leftwich acknowledged that it would change the setbacks. He added that the recorded document would show up on a title report and it is a condition of the approval that the documents would be recorded. Councilmember Gremmel asked if staff was sure if all the affected properties understand exactly what is happening. Vice Mayor Rizzi said council is making it official by approving the request. Councilmember Nesser said people in the future may not know of the agreement. Councilmember Evans said it doesn't change the property legal description of the properties. Mr. Leftwich said it would show up in a title report but not change the legal description which is the same as a federally patented easement. Councilmember Evans said this is basically a private driveway. Mr. Leftwich said yes. Councilmember Evans asked if there were documents recorded or ready to be recorded for each of the properties that includes maintenance of the driveway. Mr. Leftwhich said staff has given the applicant samples of past recordings and said staff is not going to meet with all the property owners to make sure this is done. Councilmember Evans said it should part of the conditions. Councilmember Biggs asked how this situation started. Mr. Leftwich said the issue was inherited from the county when the city incorporated. He said at that time, the city did not have any codes against landlocked parcels. Councilmember Biggs asked if the other property owners don't agree with the conditions, who is going to pay for the upkeep of the driveway. The city may be responsible for the upkeep of the driveway. City Attorney Joel Stern explained it can create a problem if one of the properties blocks the easement. He added that this is allowed in the city code and this is what allowed the access without the city creating a road. He agrees these issues go back to before the city existed. Councilmember Biggs asked if one of the property owners could put up a wall and block access would the city have any recourse. City Attorney Stern said no. He added the resolution and the agreements would be recorded and they would show up on a title report. Councilmember Biggs said he is concerned that if the applicant is responsible for getting the signed agreements and not all the property owners agree what would happen. Planning Manager Rudy Esquivias addressed the council regarding the history of land splits and private access ways in the city as well as the history of particular parcels involved in this case. Mr. Esquivias explained the history of the case and explained if the legal access isn't created, the land split can't be approved. He added staff is requesting long term maintenance agreements as well and if they can't be provided the land split won't be done. Councilmember Biggs asked why the council shouldn't wait until all the documents are completed. Mr. Esquivias said the council can continue the item and ask the applicant to return to the property owners and ask for a long term maintenance agreement as well. City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes November 16, 2021 Councilmember Evans said condition number 3 of the resolution refers to one property owner, not all. Mr. Leftwich said it refers to the applicant only. Mr. Esquivias said it doesn't include the maintenance agreements. Councilmember Biggs asked if city council usually approves land split applications. Mr. Esquivias explained the land split is an administrative action and don't typically go before council for approval unless there is an odd situation such as a private access way. Councilmember Biggs asked if the land split would come to them for approval. Mr. Esquivias said if council approves the private access way, staff can administratively approve the land split. Councilmember Evans said she doesn't want to approve the land split until the city has all the required documents. Mr. Stern said if this is the council's consensus, he recommends continuing the case for three months. He said this should give enough time for the applicant to get the documents in order and then provice an update to the council. Vice Mayor Rizzi asked Mr. Esquivias if he thought continuing the item to get the requested documents is necessary. Mr. Esquivias replied it would be prudent to ensure the access is maintained. A representative of the applicant addressed the council saying the applicants were out of town but can be called if the council wishes. Councilmember Evans said she wants to make sure all the property owners have agreed before the land split is approved. Mr. Stern said February 15, 2022 would be a good date for the continuance of this item. Mayor Wilson opened the public hearing. Donna Carr, Apache Junction resident, said she lives by an easement that is owned by the state. She said chipseal has valley fever spores in it and throws it up into the air. She also said there are power lines in the area in question so it should be a right of way because its used for utilities. Ms. Carr also said that if one of the properties put up a fence, it wouldn't land lock the other properties, there would still be room to go on the other side. George Schroeder, 244 W. Virginia, Apache Junction, agreed with Councilmember Biggs said there should be description of the property and said this case will be visited again. He said he doesn't want a law suit. He agrees it should be put on hold and that an agreement is necessary and staff should talk to other agencies. He also said realtors don't tell buyers details about the property lines of the property their buying. Having no others comments from the public, Mayor Wilson closed the public hearing and called for a motion. I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes November 16, 2021 12. 21-664 Direction to staff on the city’s position and any instructions relating to the negotiations for the sale or lease of 978 E. Roosevelt Street, Apache Junction AZ. Councilmember Gremmel moved, seconded by Councilmember Nesser made a motion for staff to hire a real estate agent and sell the property at 978 E. Roosevelt for the price it was previously listed, $270,000.00. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Nesser and Councilmember Gremmel No: 1- Councilmember Biggs City Manager Bryant Powell reviewed the history and proposed sale of the property. He reviewed ideas of possible direction to staff and recommends staff be directed to sell the property as a single lot. He said the council can review the proceeds of the sale and how to use them during next years budget discussions. Councilmember Evans asked how long the property was listed on the city's website. Mr. Powell answered 90 days and there were only 4 or 5 hits on the listing. Councilmember Biggs asked if an appraisal was ever done on the property. Mr. Powell answered yes. Councilmember Gremmel said she agrees with Mr. Powell that the city should move forward with a realtor and get the property sold. Councilmember Evans said she agrees and said listing with a real estate agent would get the property listed on MLS and that fees can be negotiated. Councilmember Biggs asked what the process is to get a real estate agent and how would they determine which agent to use. Mr. Powell said he would recommend using an agent that was used in the past. Mr. Powell asked Economic Director Janine Solley who was used in the past. Ms. Solley said they interviewed several realtors and came to a consensus on one and entered into an agreement. She added it was a different situation but thinks the agent would still be available to help with this project. Vice Mayor Rizzi asked if it's ever been an issue with perceived favoritism since it's a small community. Mr. Stern said the city manager would set up an interview process and determine the best candidate. Mr. Powell said he would recommend this or use the same agent as in the past. Councilmember Schroeder said that an agent would get a commission from the sale. He also asked if there would be more of a chance to sell the property if it were split into smaller lots. Mr. Powell said he doesn't know and doesn't think splitting it would have made a difference. Vice Mayor Rizzi said she thinks there wasn't a lot of interest because it wasn't advertised. Councilmember Evans said they don't want to split it into separate lots because they may not all sell. Councilmember Biggs asked if the price be changed based on an appraisal. Mr. Stern said that would be discussed in an executive session. He also explained the process of how the property City of Apache Junction, Arizona Page 8 City Council Meeting Meeting Minutes November 16, 2021 was listed on the city's procurement website may have contributed to the low number of people looking at the listing but said that can be discussed in executive session as well. Mayor Wilson called for a direction to staff. Councilmember Biggs said he would like staff to select a realtor and then discuss a plan and price point before it is listed. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 21-642 Executive Session at 6:00 P.M. for Monday, December 6th and Executive Session at 6:00 P.M. for Tuesday, December 7th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Nesser moved, seconded by Vice Mayor Rizzi that an executive session at 6:00 p.m. for Monday, December 6, and Tuesday, December 7, 2021 be held in the city council conference room and city council chambers, 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively and other meetings scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Mayor Wilson called for a motion. M. CALL TO PUBLIC Nolan Perkins, 145 S. Palo Verde, Apache Junction, said she lives by a cdb store and the traffic on Palo Verde is getting worse. She recommends the parking spaces for the store be angled instead of straight to make it safer for motorists backing out of those spaces. She also said the east side of the street be a no parking zone to make the street safer as well. She said also suggested the alley way east of side of Ideal Motors should be opened to allow for safer turning onto Apache Trail. She requested speed bumps on S. Palo Verde to slow down traffic. George Schroeder, 244 W. Virginia Street, Apache Junction, says he sees a degradation of accountability of the city in some of the council members. He also said that getting removing the opportunity to ask questions of applicants and arguing and swearing during live sessions are unprofessional and unacceptable. He asked for Councilmember Biggs to apologize to Councilmember Evans or he will initiate a recall on Councilmember Biggs. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:32 p.m. ACCEPTED THIS DAY OF , 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2021. City of Apache Junction, Arizona Page 9 City Council Meeting Meeting Minutes November 16, 2021 WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PEÑA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the ______ day of _____________________, 2021. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2021. JENNIFER PEÑA City Clerk City of Apache Junction, Arizona Page 10