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 5, 2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Al Bravo, Public Information Officer Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Emile Schmid, City Engineer Ted Wolff, Public Works Director Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Councilmember Heck moved, seconded by Councilmember Nesser to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1. 23-650 Consideration of acceptance of agenda. City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes December 5, 2023 2. 23-651 Consideration of approval of minutes of the regular meeting of November 21, 2023. 3. 23-631 Consideration of approval of legal advertising agreement with The Arizona Republic. 4. 23-656 Consideration of approval of Resolution 23-30 Adopting the Budget for Fiscal Year 2024-2025 for Streetlight Improvement District No. 2021-01 Goldview for the Goldview subdivision. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. 23-657 Commendation in memoriam honoring Sergeant Andrew Southard. Mayor Wilson showed honor and respect to the family of Sergeant Andrew Southard by reading aloud a Commendation in Memoriam for his services of bravery and sacrifice for our freedom. Mayor Wilson announced this Commendation, as well as one issued by Arizona Governor Katie Hobbs, will be presented to the family of Sergeant Southard. F. REGIONAL INTERGOVERNMENTAL UPDATES 6. 23-652 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Soller, along with City Manager Bryant Powell attended the Interdisciplinary Science and Technology Building 12 Dedication at ASU PolyTech Campus. This state-of-the-art structure builds on the long standing reputation as a solutions focused hub for engineering and technology education, research and collaboration. This will support the needs of faculty and students with specific spaces and labs for various technology based manufacturing. Councilmember Heck attended a Greater Phoenix Economic Council (GPEC) meeting with the CEO's from Salt River Project, (SRP) and Arizona Public Service, (APS), the two energy providers for the greater Phoenix area. He gave an update on the discussion held during this meeting. Mayor Wilson attended the Salt River Pima Maricopa Indian Community "Enchant" event, the world's largest Christmas light maze and village. A photo was shared of the event. He also participated in the East Valley Transportation Infrastructure Stake Holders meeting and gave an update on the discussion items from that meeting. In addition, he brought attention to the Holiday event held at Flatiron Park, followed by the annual Light Parade down Apache Trail. It was well attended by many families, and he encouraged everyone to drive by and see the new tree display at the downtown Focal Point. A huge thanks was given to Parks & Recreation for putting this event together, and to the Apache Junction Police Department for assisting and directing traffic and clean up after the parade. G. CITY MANAGER'S REPORT 7. 23-653 City Manager's Report. City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes December 5, 2023 City Manager Bryant Powell commended Parks & Recreation, Public Works and the Apache Junction Police Department for another fully organized and successful annual Holiday Event and Light Parade. 8. 23-655 Presentation, discussion, and project update by Resolution Copper representatives Bryan Seppala and Vicky Peacey. City Manager Bryant Powell introduced Bryan Seppala with Resolution Copper. Mr. Seppala gave an update on the past year's activities with Resolution Copper, which included: * Continued efforts for permitting regulations and research for the Project * Maximizing stakeholder partnerships with Apache Junction, six other local communities and twelve Native American Tribes * Operating and maintaining all assets * Continue with over 300 employees - 90% live within the local work force, which is within 40 miles of the project * Community and social investments * Corporate Grant Program has been increased to $500,000 9. 23-654 Announcement of Current Events. Public Information Officer Al Bravo shared pictures of the Holiday event this past weekend. He also reminded of the road work and conditions within the City. This information is always posted on the city's website homepage: www.apachejunctionaz.gov H. PUBLIC HEARINGS 10. 23-658 Consideration of application for a new Series 06 Bar Liquor License for First Water Cocktail Bar, located at 1545 W. Broadway Avenue, 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. This item was continued from the council meeting held November 21, 2023. Councilmember Cross moved, seconded by Councilmember Nesser that the application for a Series 6 Bar Liquor License for First Water Cocktail Bar, located at 1545 W. Broadway Avenue, Apache Junction, AZ, be recommended for approval. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Clerk Jennifer Pena briefed the Mayor and Council on the previous activity of this item, and that is a continuance from the November 21, 2023 council meeting. She explained the possible outcomes based on the Council's decision tonight. Development Services Director Rudy Esquivias presented an update on the activity regarding this application with Building Safety and permitting. He stated there is no issue regarding zoning of the property. He confirmed no business will be allowed, even if Council approves this license tonight, until all inspections have been completed and the Certificate of Occupancy has City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes December 5, 2023 been issued to the business. This item was further discussed with Council and staff. The applicant's business partner did address council with clarification of when and what type of work has been done at the establishment. He assured Council they will not be doing any work without permits, and are waiting on their Engineer to complete the plans for submittal. Mayor Wilson opened the item for a Public Hearing. Andre Meek, 1327 S. Belair Road, Apache Junction, commented that the City Clerk was not present at the meeting on November 21, 2023. Therefore, what she shared at tonight's meeting was new information for Council to consider. Catherine Meek, 1327 S. Belair Road, Apache Junction, is intrigued by a new establishment that serves food and is in favor of the recommendation. Receiving no further comments, Mayor Wilson closed the Public Hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 11. 23-660 Discussion on Apache Junction City Code, Vol. II, Land Development Code, Zoning Ordinance, § 1-16-12 (D), relating to Apache Junction Planning and Zoning Commission’s approval authority for conditional use permits with any appeals being filed with the Apache Junction City Council. Councilmember Nesser shared history on the authority and permission granted to the Planning and Zoning Commission. She expressed her thoughts regarding the current authority given to this Commission, and requested other Councilmembers input. Development Services Director Rudy Esquivias shared history on the Conditional Use Permit process. Further discussion with Council resulted in direction to staff to return to a future meeting with the various options of how to address the possible changes of authority and permissions given to the Planning and Zoning Commission. 12. 23-663 Presentation, discussion, and possible consideration of Resolution No. 23-38, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Pinal County Flood Control District for the Superstition Basin Flood Control Project in the amount of $1,633,005.45. Councilmember Johnson moved, seconded by Councilmember Soller that Resolution No. 23-38, authorizing the City of Apache Junction to enter into an intergovernmental agreement with the Pinal County Flood Control District for the Superstition Basin Flood Control Project in the amount of $ 1,633,005.45 be approved. City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes December 5, 2023 Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Engineer Emile Schmid reported on the purpose of the Superstition Basin Flood Control Project. Previously, the City partnered with Pinal County Flood Control District, (PCFCD), to design a basin to reduce the flooding impact to residents and downtown businesses from the Goldfield Wash. Mr. Schmid had an aerial photo indicating the location of this project, which will be on the east side of Idaho and North Apache Trail. This is a tiered basin, allowing for future possibilities other than retention. Bids were received in October 2023, and the lowest bid of $3,266,010.90 was accepted. This is being presented for council approval. PCFCD will then go through their Board approval process. Project completion is anticipated prior to monsoon season in 2024. Mr. Schmid breifly explained some of the obligations in the IGA, which included the cost being split between the City of Apache Junction and the PCFCD, for a total to each entity of $1,633,005.45. In addition, the City will be responsible for the operations and maintenance of the structure. The County will serve as Project Lead. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia Street, Apache Junction, expressed his frustration with the current city code. He also shared concerns with the upcoming residential development. Jeremy Jackson, 1353 S. Belair Road, Apache Junction, voiced his concerns regarding customer service received from the Apache Junction Water District. Jim Grant, 1363 N. Plaza Drive, Lot 21, Apache Junction, requested an investigation be done at the Husky Hollow Trailer Park, regarding lot space increases of 92% over the past 2 years. Donna Carr, 2178 W. Virginia Street, Apache Junction, concerned about energy being shared from the nuclear plant, contaminates in our water distribution system, and the polluted air, water and land in our area. Catherine Meek, 1327 S. Belair Road, Apache Junction, shared upcoming events at the Superstition Mountain Museum. She also supports the copper mine project. Andre Meek, 1327 S. Belair Road, Apache Junction, stated his concerns regarding rent increases, and how that can create an even bigger problem with our homeless situation. Council directed staff to connect with the Husky Hollow Trailer Park, as well as the Apache Junction Water District regarding customer service. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:29 p.m. City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes December 5, 2023 ACCEPTED THIS DAY OF , 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2023. 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 _____________________, 2023. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2023. JENNIFER PEÑA City Clerk City of Apache Junction, Arizona Page 6