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, September 6, 2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 pm. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Evans led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Vice Mayor Rizzi participated by phone. Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Schroeder Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Anna McCray, Assistant to City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Evie McKinney, Deputy City Clerk Michael Pooley, Police Chief Johnny Johns, Commander Al Bravo, Public Information Officer Rudy Esquivias, Development Services Director Sidney Urias, Interim Planning Manager Liz Langenbach, Parks & Recreation Director Nicholas Leftwich, Associate Planner D. CONSENT AGENDA Vice Mayor Rizzi moved, seconded by Councilmember Nesser to approve the Consent Agenda. City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes September 6, 2022 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 1. 22-535 Consideration of acceptance of agenda. 2. 22-536 Consideration of approval of minutes of the regular meeting of August 16, 2022. 3. 22-478 Consideration of approval of Resolution No. 22-30, an intergovernmental agreement with the City of Apache Junction and the Town of Gilbert for cooperative law enforcement training operations. 4. 22-481 Consideration of approval of purchase of firearms from ProForce-Law Enforcement in the amount of $95,357.09. 5. 22-509 Consideration of approval of Resolution No. 22-35 a resolution of the mayor and city council of the City of Apache Junction, Arizona, consenting to the assignment of certain developer rights and obligations under the District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2. 6. 22-522 Consideration of approval of Resolution No. 22-32 a resolution of the mayor and city council of the City of Apache Junction, Arizona, for the city to enter into an intergovernmental agreement with Pinal County Flood Control District for the planning and design for the Weekes Wash Regional Multi-Purpose Stormwater Detention Facility flood control project. 7. 22-550 Consideration of approval of the procurement of new and replacement fleet vehicles and accessories budgeted for the current fiscal year utilizing the cooperative contract with the State of Arizona Contract Numbers CTR059322, CTR060664 and CTR041810 for a total purchase of $1,457,550.00. 8. 22-567 Consideration of approval to dedicate the Prospector Park Softball Complex to former Parks and Recreation Director, Jeff Bell. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 9. 22-562 Proclamation designating the week of September 17 through September 23, 2022, as "Constitution Week." Kelly McDonald, Constitution Week Committee Chair for the Apache Trail Chapter of the Daughters of the American Revolution (DAR) and other members were present to accept the proclamation. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes September 6, 2022 F. REGIONAL INTERGOVERNMENTAL UPDATES 10. 22-537 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmembers' spoke on their recent attendance to the League of Cities and Towns Annual Conference. Topics included water issues and economic development. Councilmember Evans reminded everyone about the Make a Difference Day that will take place on October 8th. You can sign up to volunteer on line or meet at the focal point at 7:30 am to register and be assigned a project. G. CITY MANAGER'S REPORT 11. 22-538 City Manager's Report. City Manager Bryant Powell recapped a few items regarding the upcoming Make a Difference Day event. He stated individuals wanting to join them on the day of, can meet at the focal point at 7:30 am, assignments will be made at that time. He announced the library received a $20,000 donation from the Glenn Perkins Educational Foundation again this year. Funds will be used to support the mobile book unit. He recognized Economic Development Director Janine Solley who will be retiring after more than 20 years of service with the city. Today was her last day working for the city. 12. 22-539 Announcement of current events. Public Information Officer Al Bravo announced the dedication of the new Phoenix-Mesa Gateway Control Tower. He announced the Youth Council participated in the Parade of Flags at the League of Arizona Cities and Towns annual conference. H. PUBLIC HEARINGS 13. 22-533 Consideration of application for a new Series 12 Restaurant Liquor License for Tumbleweed Grill & Bar located at 725 W Apache Trail, #2A, Apache Junction, AZ. The next step in the process is for the 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 Nesser moved, seconded by Councilmember Evans that the interim and application for a series 12 Restaurant Liquor License be recommended for approval. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes September 6, 2022 City Clerk Jennifer Pena briefed the council on the item. She stated responses received from the Police Department, Planning Department, Zoning Division, and Fire District have all indicated a recommendation of approval by the council. Mayor Wilson asked if the applicant would like to address council, they declined. Mayor Wilson opened the public hearing, seeing there were no comments, he closed the public hearing and called for a motion. 14. 22-568 Presentation, discussion, public hearing and consideration of Ordinance No. 1527, case P-22-65-PZ, a proposed rezoning of the southern portion of parcel 103-21-019A, located at the northeast corner of S. Starr Road and E. Old West Highway, from PI (“Public and Institutional”) to RS-GR (“General Rural Low Density Single-Family Detached Residential”) to facilitate a land split with the intent to sell. Councilmember Schroeder moved, seconded by Vice Mayor Rizzi to read Ordinance No. 1527 by title only and read the entire reading of the Ordinance be waived. 7 - Mayor Wilson, Vice Mayor Rizzi, Councilmembers' Evans, Heck, Johnson, Nesser and Schroeder 0- Motion passed. Councilmember Schroeder moved, seconded by Councilmember Nesser that Ordinance No. 1527 be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Planning Intern Erica Hernandez provided a brief summary regarding the proposed rezoning of the property. She provided the following information. Background The property being considered in this rezoning is located on the northeast corner of Starr Road and Old West Highway. The parcel is identified as Pinal County Tax Parcel No. 103-21-019A and is proposed to change from Public and Institutional (“PI”) to General Rural Low-Density Single-Family Detached Residential (“RS-GR”) to facilitate a land split. In 1983, this property was zoned General Rural (“GR”) and developed as a Church. In 1997, a manufactured home was installed on the southern 1.25 acres of the property and used as a Pastor’s quarters, until 2018 when the Pastor moved out of state. The current Pastor does not utilize the manufactured home, as he has his own residence. Crossroads Southern Baptist Church is now requesting to rezone the southern 1.25 acres of the property for an existing single-family residential use. Surrounding Uses: North: Public and Institutional (“Existing Crossroads Baptist Church”) City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes September 6, 2022 East: General Rural Low-Density Single Family Detached Residential (RS-GR) South: Old West Highway West: General Rural Low-Density Single Family Detached Residential (RS-GR) and General Commercial (B-1) Planning Staff Analysis Relationship to General Plan: The subject site is designated by the city’s General Plan as “Public and Institutional”. The Public and Institutional designation represents areas where public or semi-public uses are most appropriate, including churches, police/fire substations, utility facilities, and hospitals. Zoning/Site Context: The approximate net 3.44-acre property is a privately-owned parcel surrounded by residential properties in the north, east, and west as well as commercial in the west. Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius. On July 14, 2022, the applicant facilitated a neighborhood meeting via zoom and in-person, to which five (5) persons attended. Residents were concerned that the potential rezoning would result in a commercial district. When explained that the proposed rezoning was residential, residents were satisfied. Planning and Zoning Conditions: 1. The project shall be developed in accordance with the plans approved and associated with this case and all provisions of the zoning ordinance and City codes applicable to this case. 2. The main entrance of the property shall be located and addressed off of 22nd Avenue. 3. The new 1.25-acre lot shall be combined with parcel No. 103-21-0280, through the City’s lot combination process. Mayor Wilson opened the public hearing, receiving no comments he closed the public hearing and called for a motion. I. OLD BUSINESS J. NEW BUSINESS 15. 22-523 Presentation and discussion on PW 22-18 Trash and Recycle Material for city-owned facilities. Administrative Services Manager Heather Hodgman provided an update on the request for proposals (RFP) for trash removal at city owned facilities. The request was advertised on May 25th with bids due by June 9th. The city received only one RFP, and that was by Allied Waste Transportation, doing business as Republic Services. She recapped technical data and various options listed in the RFP. The contract would be for one year, with four one-year renewal options, and the annual increase cannot exceed 5%. The amount of the contract would be for $23,564.04 annually with an approved annual consumer priced index increase. City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes September 6, 2022 There was a brief discussion with staff and council regarding the services currently being provided. 16. 22-566 Presentation and discussion of case P-22-29-PZ, a proposed rezoning of parcels 101-13-1080 and 101-11-0210 located at the southeast corner of Rennick Drive and Virginia Street from RS-GR (“General Rural Low Density Single-Family Detached Residential”) to RM-2 (“High Density Multiple-Family Residential”) for the development of the proposed 124-unit multi-family residential apartment community tentatively known as “The Enclave on Rennick,” and the south 76’ of Parcel 101-13-1080 to B-2 “Old West Commercial.” City Planner NIcholas Leftwich provided the following summary of the proposal. Summary P-22-29-PZ is a proposed rezoning of parcels 101-13-1080 and 101-11-0210, approximately 7.24 acres currently zoned RS-GR “General Rural Low-Density Single-Family Detached Residential,” that has been requested by EcoVista Development, LLC. The southern .54 acres of parcel 101-13-1080 will be rezoned to B-2 “Old West Commercial” to allow the existing commercial storage yard use by Arnold Auto Center on that portion of the parcel to be split off and combined with the B-2 commercial parcel 101-13-109C located immediately to the south of the subject site. The remaining 6.7 acres will be rezoned to RM-2 “High-Density Multiple-Family Residential” to allow the development of the proposed 124-unit multi-family residential community tentatively known as “The Enclave on Rennick.” P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-29-PZ on August 9, 2022, at which time they voted 5-1 to recommend approval of P-22-29-PZ. Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. During the meeting (May 5, 2022), the Planning and Zoning Commission discussed the neighborhood traffic, street improvements, density, parking provisions, affordability, water drainage, increase of traffic, status of Rennick and Virginia streets and the development’s impact on the local neighborhood. Several neighbors attended and voiced concerns, primarily regarding the traffic, the density, and the capacity of the streets to support this development. A petition of opposition containing nearby residents’ signatures was provided to planning staff at that time. Questions/comments from council included the following: - Time frames implemented for when development should start - Developers are granted the zoning change, then never build the presented project, but turn around and sell the land with the newly designated zoning - projects they have previously approved only to see never come to fruition after a rezoning was granted Mr. Leftwich addressed these concerns and mentioned there are state laws that would need to be considered and City Attorney Joel Stern added case law and other matters that would be reviewed that may imply the developer being vested in the property. City of Apache Junction, Arizona Page 6 City Council Meeting Meeting Minutes September 6, 2022 The conditions for the property are outlined within the Ordinance. It was also clarified this is not an age restricted community. The item will be brought back to the council on September 20, 2022. City Engineer Emile Schmid spoke on the off-site improvements. The public works department is scheduled to start an overlay project on Rennick Drive from Apache Trail to Virginia Street along with other street improvements. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 17. 22-540 Executive Session at 6:00 P.M. for Monday, September 19, and Tuesday, September 20, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved, seconded by Councilmember Nesser that an Executive Session at 6:00 P.M. for Monday, September 19 and Tuesday, September 20, 2022 be held in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia St., Apache Junction AZ, commented on the drug rehabilitation center. He stated he uses social media platforms to express his opinions on matters. Catherine Meek, 1327 S. Belair Rd., Apache Junction AZ, shared her definition of community. It is more than a group of individuals with something in common; it is those wishing to achieve more for their community. She spoke of the significant number of people who volunteer for many city events and various social services, but also spoke about code compliance matters. The city recently posted on Facebook a link where residents are able to report code violations. She stated this does not support or build up a community. Neighbors should make the effort to try and resolve their differences and contacting the city should be used as an alternative. She spoke of elderly individuals who struggle to maintain their residences; they don’t have the time, money, or resources available to them. She addressed the winter residents who in 2020 stayed year-round when COVID struck, and these individuals realized how many permanent residents had code violations. She questioned the city's priorities when they “advertise” the code compliance complaint link. N. ADJOURNMENT Mayor adjourned the meeting at 8:17 pm. ACCEPTED THIS DAY OF , 2022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. City of Apache Junction, Arizona Page 7 City Council Meeting Meeting Minutes September 6, 2022 SIGNED AND ATTESTED TO THIS DAY OF , 2022. 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 _____________________, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2022. JENNIFER PEÑA City Clerk City of Apache Junction, Arizona Page 8