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, December 7, 2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:02 pm. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Gremmel 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 City Staff in Attendance: 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 Larry Kirch, Development Services Director Janine Hanna-Solley, Economic Development Director A. Doug LaSota, Municipal Judge Emile Schmid, City Engineer Rudy Esquivias, Planning Manager Sidney Urias, Principal Planner Nicholas Leftwich, Associate Planner D. CONSENT AGENDA Vice Mayor Rizzi moved, seconded by Councilmember Nesser that the consent agenda be accepted as presented. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs and Councilmember Nesser No: 1- Councilmember Gremmel City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes December 7, 2021 1. 21-677 Consideration of acceptance of agenda. 2. 21-678 Consideration of approval of minutes of the regular meeting of November 16th, 2021. 3. 21-700 Consideration of approval of employment agreements for associate magistrate and judicial assistant. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 4. 21-679 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Evans said the holiday event at Flatiron Park on December 4th was great. She also said she was asked to announce that Apache Junction Little League has free registration. She said the Community Development Corporation is still selling memorial bricks for the Focal Point. Councilmember Schroeder gave an update on the intergovernmental agreement between Central Arizona Association of Governments (CAAG) and Pinal Regional Transportation Authority. Mayor Wilson gave an update on his recent tour at the Phoenix Mesa Gateway Airport and the employment opportunities will be coming as the airport continues to grow. G. CITY MANAGER'S REPORT 5. 21-680 City Manager's Report. City Manager Bryant Powell said he is receiving positive feedback from the state land department and developers about the preparedness of city staff in regards to the recent annexation of land south of the 60. He added he has also received compliments about the recent holiday event. 6. 21-676 Discussion with Representative John Fillmore to discuss the upcoming Arizona legislative session starting in January. Representative John Fillmore said he is available if needed and considers Apache Junction his home. He said he will be supportive of anything that comes before him regarding mass transit and State shared revenue funds for Apache Junction. 7. 21-681 Announcement of current events. Public Information Officer Al Bravo announced Kids Idol will be held January 30, 2022 from 5 pm to 8 pm. It will be held in the Apache Junction High School Performing Arts Center and the cost is $5 per person. H. PUBLIC HEARINGS 8. 21-669 Presentation, discussion, public hearing and consideration of application for a series 012 (restaurant) liquor license application for Saigon Noms located at City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes December 7, 2021 1200 W. Apache Trail. The next step in the process is for council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Biggs moved, seconded by Vice Mayor Rizzi, that the application for a new Series 12 Restaurant Liquor License for Reid Cushing, Siagon Noms located at 1200 West Apache Trail, Apache Junction, Arizona, be recommended for approval to the Arizona Department of Liquor Licenses and Control. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Clerk Jennifer Pena reviewed the series 12 liquor license application. Councilmember Evans thanked the owners of Saigon Noms for their efforts in following city building code in the updates performed to their building before they opened. Mayor Wilson opened the public hearing. Having no one wishing to speak, Mayor Wilson closed the public hearing. 9. 21-689 Presentation, discussion, public hearing and consideration of approval of Ordinance No. 1519 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, by amending Apache Junction City Code, Volume I, by repealing and replacing in its entirety Chapter 2: Mayor, Council, and Appointed Boards and Commissions, Article 2-11: Health and Human Services Commission; repealing any conflicting provisions; and providing for severability. Councilmember Evans moved, seconded by Councilmember Schroeder that Ordinance No. 1519 be read by title only and the reading of the entire Ordinance be waived. Yes - 7 No - 0 Councilmember Schroeder moved, seconded by Councilmember Evans that Ordinance No. 1519, as read by the city clerk be approved. Yes - 7 No - 0 Mayor Wilson opened the public hearing on items 8, 9 and 10. George Schroeder, 2444 W. Virginia, Apache Junction, encouraged the board and commission members communicate with one another. Having no one else wishing to speak, Mayor Wilson closed the public hearing on items 8, 9 and 10. Mayor Wilson called for a motion. 10. 21-690 Presentation, discussion, public hearing and consideration of Resolution No. 21-53 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 City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes December 7, 2021 the city clerk and titled "2021 Amendments to Apache Junction City Code, Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commissions and Chapter 7: Buildings, Board and Commission § 2-7-2(b), § 2-8-2(b), § 2-9-2(d), § 2-15-2(b), § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2(a) and § 7-1-1(b)(1)”. Councilmember Evans moved, seconded by Vice Mayor Rizzi that Resolution No. 21-53, 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 titled "2021 Amendments to Apache Junction City Code, Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commissions and Chapter 7: Buildings, Board and Commission listing the various sections be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 11. 21-691 Presentation, discussion. public hearing and consideration of Ordinance No. 1520 an ordinance of the mayor and city council of the City of Apache Junction, Arizona, amending Apache Junction City Code, Volume I, by repealing and replacing in their entirety Chapter 2: Mayor, Council, and Appointed Boards and Commission and Chapter 7: Buildings, Board and Commission § 2-7-2(b), § 2-8-2(b), § 2-9-2(d), § 2-15-2(b), § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2(a), § 7-1-1(b)(1); and adopting by reference that certain document filed with the city clerk and titled: "2021 Amendments to Apache Junction City Code, Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commissions and Chapter 7: Buildings, Board and Commission § 2-7-2(b), § 2-8-2(b), § 2-9-2(d), § 2-15-2(b), § 2-21-1, § 2-21-2, § 2-21-3, § 2-22-2(a) and § 7-1-1(b)(1)”; repealing any conflicting provisions; and providing for severability. Councilmember Biggs moved, seconded by Vice Mayor Rizzi that Ordinance No. 1520 be read by title only and the reading of the entire Ordinance be waived. Yes - 7 No - 0 Councilmember Biggs moved, seconded by Vice Mayor Rizzi that Ordinance No. 1520 as read by the city clerk, be approved. Yes - 7 No - 0 12. 21-701 Presentation, discussion, public hearing and consideration on Ordinance No. 1518, a proposed rezoning by planned development requested by Chris Hundelt of Keystone Homes, of 14.77 acres located at the southwest corner of Superstition Boulevard and Royal Palm Road from RS-GR (“General Rural Low Density Single-Family Detached Residential”) to RM-2/PD (“High Density Multiple-Family Residential by Planned Development”) for the purpose of developing a 166-unit rental residential community, with the update of the requested Traffic Impact Analysis. Councilmember Evans moved, seconded by Vice Mayor Rizzi that Ordinance No. 1518 be read by title only and the reading of the entire Ordinance be waived. City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes December 7, 2021 Yes - 7 No - 0 Councilmember Evans moved, seconded by Councilmember Schroeder that Ordinance No. 1518, as read by the city clerk, be approved and adopted with the following amendments: For landscape direction around the exterior perimeter horse trail area be horse plant friendly. Yes - 7 No - 0 Associate Planner Leftwich gave a presentation on the proposed rezoning by planned development requested by Chris Hundelt of Keystone Homes. Councilmember Biggs asked which buildings were going to be two-story. Mr. Leftwhich said staff does not know which buildings will be two-story and they are not noted on the site plan. Mr Leftwhich confirmed there will be 14 buildings that are two-story within the proposed development. Councilmember Evans asked about the horse trails and the poisonous plants and asked that this list of plants not be included in the landscaping in the development. Commissioner Schroeder asked about the two-story locations in the development and that it was staffs recommendation that they be placed in the center of the complex. Mr. Leftwich said it was for privacy issues of the neighboring houses. City Manager Powell said that staff was good with either way and that the applicant can better explain where the two-story units will be. Vice-Mayor Rizzi said she thought at one time the complex was all two-story units. Mr. Leftwich said the development has predominately been one story units. Assistant City Manager Busby recommended the developer address the council regarding their questions. Councilmember Nesser asked about one of the conditions of approval and said it should be specific who is going to take care of the multi-use trails. Mr. Leftwich agreed and said the wording of that condition can be updated. Brenden Ray of Keystone Homes addressed the council regarding their proposed development. Vice Chair Rizzi asked Mr. Ray to confirm whether there will be two-story units. Mr. Ray said there would be two-story units dispersed throughout the community. Councilmember Evans thanked Mr. Ray for the development and asked when the development will break ground. Mr. Ray said as soon as possible. Councilmember Gremmel asked for Mr. Ray to explain the additional conditions. Mr. Ray said one of the conditions explains that tenants of the units will have information pertaining to the surrounding horse properties and that any complaints regarding smells, noises or flies will have to be made to the property management, not directly to the property owner. Mr. Ray then explained that the density of the development is less that than the zoning allows. Vice Mayor Rizzi asked City Attorney Stern to explain the General Plan and the process for approval. Mr. Stern explained that the General Plan sets the density and that staff and a consultant draft the plan. It is then presented to the Planning and Zoning Commission who City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes December 7, 2021 review and suggest changes and then recommend for approval or denial to the city council. The city council then reviews, revises and votes to approve. It is then presented to the registered voters of the city. It was approved on August 3rd of 2020. Mr. Powell added it took one year for the plan to be presented for it to be presented to voters. Mayor Wilson said the general plan includes up to a four-story building and this development is a good transition to the downtown area. He commended the developer for working with the surrounding neighbors on the development. Mayor Wilson opened the public hearing. Reese Anderson, 1744 S. Val Vista #270, Mesa, Arizona expressed his support of the project and said it is consistent with the general plan. Charlene Koplein, 660 E. Scenic, Apache Junction said Keystone has worked with the surrounding property owners and she supports the project. She asked that council not approve two-story units in the development. George Schroeder, 2444 W. Virginia, Apache Junction suggested using sunset gold for the multiuse trail. He also said he is happy that code enforcement will be allowed on the property. Mary Ann Przybylski, President/CEO of Apache Junction Area Chamber of Commerce, expressed support of the project. Heather Wallace, Superintendent of the Apache Junction District, expressed support of the new development. Charles Beal, Lot 21 San Marcos Crossing, expressed concern over lack of retention basins, water conservatation, lack of technology for the future, and lack of solar. He also said the landscaping wording allows for the builder to substitute plants so that should be addressed. Ari Kala, 244 W 18th Ave., Apache Junction, expressed concern over three- and four-story buildings and the safety of pedestrians in the area of the new development. Councilmember Biggs explained the email referenced by Vice Mayor Rizzi. He also wanted to say that Julie Fritz and William Cook are opposed to the project. Councilmember Evans said the proposed project does not include any two-story units and there is only one ingress and egress gate and one emergency gate. Councilmember Schroeder said the project right now has two-story units to which Mayor Wilson said it does not but staff would like the council to change it to include two-story units. Councilmember Nesser said this is a good start for the downtown core and the city needs to increase the number of residents. Vice Mayor Rizzi reminded everyone that developments over one-story are allowed in the general plan which was approved by the registered voters of the city. Councilmember Biggs asked if the wording about the landscaping and if it should be changed. Mr. Stern said the wording can be changed so that the substituted plants should be approved by City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes December 7, 2021 staff. Mr. Ray said any substituted plants will be horse friendly. Vice Mayor Rizzi asked is there were requirements for new developers to ensure water conservation. Mr. Kirch said the city does not require solar and has adopted the new energy codes and new developments are energy star. He also said the notion of one water is in the general plan and requires zero-scaping. He also said this project has underground storm water and meets the city storm water requirements. Mayor Wilson closed the public hearing. I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 21-682 Consideration of cancellation of the City of Apache Junction Work Session scheduled for Monday, December 20th, 2021 and Monday, January 3, 2022 and the Regular meeting scheduled for Tuesday, December 21, 2021. Councilmember Evans moved, seconded by Councilmember Nesser that the regularly scheduled work sessions of Monday December 20, 2021 and January 3, 2022 be cancelled and the regular meeting of December 21, 2021 be cancelled. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC Charles Beal, Lot 21 San Marcos Crossing, asked the council to review the building codes and bring them to current standards. He would like to see circulating pumps for hot water heaters and insta-hot water heaters. He also expressed the importance of water conservation in the desert. Donna Carr, Apache Junction resident, said she hopes the development is child friendly. She asked if the center of Apache Junction was going to be moved when the land south of the 60 is developed. She also said she is concerned with ground water contamination in Apache Junction. George Schroeder, 2444 W. Virginia, Apache Junction said he wants to make the city better. Quentin Heiner, 2002 S. Apache Drive, Apache Junction, asked that setbacks restrictions be eased to allow for full sized garages. Ari Kalan, 244 W. 18th Ave., Apache Junction, said he grew up in Apache Junction, is currently a city resident and looks forward to being more involved in city matters. City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes December 7, 2021 N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:39 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. 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 8