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 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday, February 18, 2025 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 Nesser 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 Evie McKinney, Acting City Clerk Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Michael Pooley, Police Chief Johnny Johns, Assistant Police Chief Rudy Esquivias, Development Services Director Liz Langenbach, Parks & Recreation Director Ryan Kaup, Economic Development Director Thomas McDermott, Municipal Judge Sidney Urias, Planning Manager Nicholas Leftwich, Planner Eli Richardson, Management Analyst D. CONSENT AGENDA Councilmember Soller 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 City of Apache Junction, Arizona Page 1 City Council Meeting Meeting Minutes February 18, 2025 No: 0 1. 25-014 Consideration of acceptance of agenda. 2. 25-015 Consideration of approval of minutes of the regular meeting of February 4, 2025. 3. 25-066 Consideration of award of contract to Cactus Asphalt for the slurry seal treatment of city streets at various locations. The work would be through Pinal County cooperative contract No. 234128ROQ in the amount of $485,499.00 plus a 10% contingency for unforeseen change orders in the amount of $48,549.90 for a total project cost not to exceed $534,048.90. Work will result in a new protective wearing surface prolonging street life. Work is planned to take place within the month of March 2025. 4. 25-075 Consideration of award of contract for Prospector Park Drainage to Primary Construction Inc. in an amount not to exceed $359,952.73 which includes a 5% contingency. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. 25-033 Proclamation for "Human Trafficking Awareness - Not in Our City." Mayor Wilson read the Proclamation for "Human Trafficking Awareness - Not In Our City." F. REGIONAL INTERGOVERNMENTAL UPDATES 6. 25-016 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Cross and Mayor Wilson went to the State Capital and listened to several bills being read that are trying to go through Legislature. He stated that the Mayor and Council are working to stay on top of the bills that benefit the community. Councilmember Cross also announced the Lost Dutchman Days Rodeo is this weekend and he is wearing a pink shirt to support the "Tough Enough to Wear Pink" campaign that many rodeos do to bring awareness to breast cancer. Councilmember Heck and several Councilmembers took a helicopter tour of the Salt River Project Watershed. He complimented the water company for doing everything they can to ensure that there is an adequate water supply well into the future. Mayor Wilson commented about going to the State Capital with Councilmember Cross and speaking out against the proposed bill removing the food tax. He encouraged citizens to contact local legislatures and make their voices heard about several bills that could affect the community. He also stated that he will continue going to the State Capital to represent Apache Junction and save the community. Mayor Wilson shared that the State of the City was a successful event with a beautiful view at the new venue. He complimented City Staff for hosting a memorable evening. Mayor Wilson attended the Lost Dutchman Marathon and had the privilege of starting several of City of Apache Junction, Arizona Page 2 City Council Meeting Meeting Minutes February 18, 2025 the races. There were 2,800 people registered for the event with participants from 47 states and several different countries. He stated it was a fantastic event that was enjoyed by all. Mayor Wilson shared that he received an Arizona Highways magazine in the mail and Apache Junction was listed as a "Phoenix Best Local Getaway Destination." G. CITY MANAGER'S REPORT 7. 25-017 City Manager's Report. City Manager Bryant Powell stated the 24th Annual Lost Dutchman Marathon had over 800 volunteers from various groups and organizations that helped set up, clean up and run the event. He complimented their tremendous effort which helps bring money back to the community. Mr. Powell also spoke about the State Legislative issues that could affect the City and stated they are monitoring the situation closely. Mr. Powell thanked Marketing and Communications Specialist Matthew McNulty for the video he did for the State of the City. Mayor Wilson commented on the State Legislative issues and the importance of staying on involved with them. 8. 25-045 Introduction and discussion with the city's newly hired Economic Development Director, Ryan Kaup. City Manager Bryant Powell introduced Ryan Kaup as the new Economic Development Director for the City. Mr. Kaup shared his background, experience and his future vision for the Economic Development Department. 9. 25-018 Announcement of Current Events. Management Analyst Eli Richardson shared upcoming events: - 61st Annual Lost Dutchman Days Rodeo on February 21 - 23, 2025. Tickets can be bought at the front gate. - 2025 Lost Dutchman Days Carnival on February 21 - 23, 2025. Tickets can be bought at the front gate. - Lost Dutchman Days Parade on February 22, 2025, at 9:00 a.m. City of Apache Junction, Arizona Page 3 City Council Meeting Meeting Minutes February 18, 2025 H. PUBLIC HEARINGS 10. 25-073 Presentation, discussion, public hearing, and consideration of Ordinance No. 1563, a text amendment adopting by reference that certain document titled “2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations”; repealing any conflicting provisions; and providing for severability. Vice Mayor Schroeder moved, seconded by Councilmember Nesser that Ordinance No. 1563 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Acting City Clerk Evie McKinney read Ordinance No. 1563 by title only, repealing any conflicting provisions; and providing for severability. Councilmember Johnson moved, seconded by Vice Mayor Schroeder that Ordinance No. 1563, as read by the city clerk be approved and adopted including the supplemental material provided by Staff. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Mayor Wilson stated Agenda Items 10 and 11 address the same proposed amendment to city code, therefore he will combine into one public hearing but each item will be voted on separately. Planner Nicholas Leftwich presented the background for Ordinance No. 1563 and Resolution No. 25-01. On December 5, 2023, the City Council issued a direction to staff to review the zoning ordinance language regarding high impact land use decisions made through Conditional Use Permits (“CUPs”), which are only approved by the Planning and Zoning Commission, and to provide options to amend the code that would facilitate City Council involvement in these permanent, high impact land use decisions. Planning Staff reviewed the matter and returned to the Council on January 16, 2024, to provide the options and to seek further direction to staff to initiate a Zoning Ordinance text amendment. Two options were presented, either to modify the land use tables to specifically require City Council involvement in the permanent, high-impact land use decisions, or to change the CUP process itself to require that all CUP's would be subject to City Council review and determination. The City Council directed staff, pursuant to the first option, to draft a text amendment to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations. Planning and Zoning Commission Recommendation Staff has prepared the text amendment according to this direction and presented it to the Planning and Zoning Commission on January 14, 2025, to receive their review and City of Apache Junction, Arizona Page 4 City Council Meeting Meeting Minutes February 18, 2025 recommendation. The Commission voted 7-0 to recommend approval of Text Amendment Case P-24-1-AM. Items of Consideration Ordinance No. 1563 and Resolution No. 25-01 have been prepared pursuant to the additional direction given in the February 3, 2025 City Council Work Session discussion. Resolution No. 25-01 declares the document “2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Nonresidential Use Regulations” as a public record filed with the City Clerk. Ordinance No. 1563 adopts the text amendment into the Zoning Ordinance itself, repealing and replacing any conflicting provisions. Councilmembers has no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the public hearing and asked for a motion 11. 25-074 Presentation, discussion, public hearing, and consideration of Resolution No. 25-01, declaring as a public record that certain document filed with the City Clerk and titled “2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations, § 1-5-1 Residential Use Regulations and § 1-5-3 Non-Residential Use Regulations”; repealing any conflicting provisions; and providing for severability. Councilmember Cross moved, seconded by Councilmember Soller that Resolution No. 25-01, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring the document “2025 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulations §1-5-1 Residential Use Regulations and §1-5-3 Non-Residential Use Regulations” as a public record filed with the City Clerk be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF City of Apache Junction, Arizona Page 5 City Council Meeting Meeting Minutes February 18, 2025 12. 25-077 Direction to staff to take any and all action and bring forth any and all resolutions necessary to change the mayoral term from 2 years to 4 years pursuant to AJCC, Vol. I, Ch. 2, Art 2-1, §2-1-1(B). Councilmember Nesser moved, seconded by Councilmember Soller that direction to staff be given to take any and all action and bring forth any and all resolutions necessary to change the mayoral term from 2 years to 4 years. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City Attorney Joel Stern explained the process of changing the term of Mayor from 2 years to 4 years. He stated the steps needed to put it on the ballot for the next election. Mayor Wilson expressed his support for this change. Councilmembers had no concerns. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Catherine Meek, 1327 S. Belair Road, Apache Junction, shared local events that she has attended including planting trees at Earthheart Park and watching World Champion dancers at the Heard Museum. She also announced an upcoming fundraiser at the Superstition Mountain Museum on March 8, 2025. Donna Carr, 2178 W. Virginia Street, Apache Junction, expressed her concerns about the State Legislature bills that may affect the community and that she was frustrated with the growth of the City. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:46 p.m. ACCEPTED THIS DAY OF , 2025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2025. WALTER “CHIP” WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk City of Apache Junction, Arizona Page 6