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HomeMy WebLinkAbout2025-09-16 City Council Regular Minutes f Meeting location: City of Apache Junction, Arizona City Council Chambers z' at City Hall Meeting Minutes 300 E.Superstition Blvd Apache Junction,AZ 'Zp1' 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,September 16,2025 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 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 Evie McKinney, City Clerk Joel Stern, City Attorney Ryan Kaup, Economic Development Director Kayla Fulmer, Director of Marketing and Communications Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director Nicholas Leftwich, Planner Michael Beaton, Commander Casaundra Wallace, City Attorney 1 Spencer Sarager, Administrative Services Manager D. CONSENT AGENDA Councilmember Cross 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 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes September 16,2025 1. 25-443 Consideration of acceptance of agenda. 2. 25-444 Consideration of approval of minutes of the regular meeting of September 2, 2025. 3. 25-441 Consideration of approval of award of contract to Arrington Watkins Architects, LLC in an amount of$645,446.00, plus a contingency of $25,000.00 for a total not to exceed $670,446.00 for comprehensive master planning and programming for city campus south. This item was approved as part of the FY2025 budget and discussed at the council meeting held September 2, 2025. 4. 25-442 Consideration of approval of award of contract to M.R. Tanner Construction for the application of an asphalt concrete overlay to select city streets. The work would be through the City of Buckeye cooperative Job Order Contract No. 2025081 in the amount of$546,965.00 plus a 10% contingency for unforeseen change orders in the amount of$54,696.50 for a total project cost not to exceed $601,661.50. Work is planned within the October- December 2025 timeframe. 5. 25-458 Consideration of approval of First Amendment to Pre-Annexation Development and Drainage Settlement Agreement between the City of Apache Junction and Fortune Travel, Inc. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 25-405 Proclamation designating the week of September 17 through September 23, 2025, as"Constitution Week." Mayor Wilson read the proclamation designating the week of September 17 through September 23, 2025, as"Constitution Week." He presented it to several members from the Apache Trail Unit of Daughters of the American Revolution. Kelly McDonald thanked the Mayor and Council for this recognition and for supporting groups like theirs. F. REGIONAL INTERGOVERNMENTAL UPDATES 7. 25-445 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Cross announced an Open House meeting for the energy power plant near Florence Junction being held at the Gold Canyon Golf Resort, 6100 South Kings Ranch Road, Gold Canyon, on September 17, 2025, from 4:30 p.m. to 6:00 p.m. Councilmember Heck attended Patriot Day at Avalon Elementary School on September 11, 2025, with Mayor Wilson. Also in attendance was Police Chief Pooley, Fire Chief Whitney, members of the Police Department, Superstition Fire and Medical,AJ Mounted Rangers and the local VFWs. He stated it was a wonderful event that was a reminder of the devastation that took place on September 11, 2001, and the country's heroic response. Mayor Wilson commented on the Patriot's Day event and how moving it was. He also attended the 20th anniversary celebration of the Multi-Generational Center. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes September 16,2025 Mayor Wilson announced an Open House meeting for Proposition 494 being held at the Superstition Fire and Medical District Station 263, 1645 South Idaho Road,Apache Junction, on September 23, 2025, from 5:30 p.m. to 7:30 p.m. G. CITY MANAGER'S REPORT 8. 25-446 City Manager's Report City Manager Bryant Powell commented on the 20th anniversary celebration for the Multi-Generational Center and how well attended it was by the community. 9. 25-396 Presentation and discussion with Apache Junction Police Chief Mike Pooley regarding department operational updates. Police Chief Michael Pooley presented an update on the Police Department. He stated they are moving forward together but are still mourning the passing of Officer Facio. He went over staffing statistics, current technology being used in the department and future technology they are hoping to use to enhance their training. Councilmember Johnson applauded Chief Pooley for his leadership skills and helping to attract the best Police Officers. Councilmember Soller also complimented Chief Pooley on his leadership and stated Police Officers from other cities are moving to work here. He also commented on the success of the drone technology being used. Councilmember Cross shared his appreciation of Chief Pooley. Mayor Wilson thanked Chief Pooley and the entire department for doing a terrific job. He shared a phone call he received from a citizen that had a positive interaction with an Apache Junction Police Officer. Chief Pooley commended the community for pulling together in light of the passing of Officer Facio and thanked the Mayor and Council for their support. 10. 25-447 Announcement of Current Events There was no current event report. H. PUBLIC HEARINGS 11. 25-425 Presentation, discussion, public hearing and consideration of application for Class A Bingo License for Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Ave., Apache Junction, AZ. Councilmember Nesser moved,seconded by Councilmember Soller to recommend approval of the Class A Bingo License for Desire Maxwell with Rancho Mirage Mobile Home Park,located at 2400 E.Baseline Avenue,Apache Junction,AZ. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes September 16,2025 City Clerk Evie McKinney stated the city received an application for a Class A Bingo License from Desire Maxwell with Rancho Mirage Mobile Home Park, located at 2400 E. Baseline Avenue,Apache Junction, AZ. She stated that Rancho Mirage did have a Bingo license years ago and did not renew it during Covid due to low interest. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department, Building and Safety Division and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Applicant Desire Maxwell shared why residents of Rancho Mirage are wanting to have Bingo at their park again. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the Public Hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 12. 25-438 Presentation and discussion on entering into an agreement with Advanced Chemical Transport, Inc. for four(4) household hazardous waste events for fiscal years 2025/2026 and 2026/2027 in an amount not to exceed $200,000.00. Administrative Services Manager Spencer Sarager presented that starting in November 2018, the City has hosted two (2) household hazardous waste events(HHW) each year. The events have been open for Apache Junction and Pinal County residents just east of City boundaries, including Gold Canyon. The City entered into an Intergovernmental Agreement with Pinal County to reimburse for costs attributable to County resident participation in a maximum amount of$20,000 ($10,000 per event). The City is looking to work with Advanced Chemical Transport, LLC to assist in the HHW events. They will help with removal of items such as paint, gasoline,fire extinguishers, anti-freeze, lightbulbs, etc. The next HHW event is Saturday, November 15, 2025, from 8:00 a.m. to 12:00 p.m. Residents can drop off white goods, document shredding, tires, electronic recycling and hazardous material. The last two events had 710 City and County participants. Public Works Staff recommend entering into an agreement with Advanced Chemical Transport LLC,for two (2)years, which includes two(2) events per fiscal year for 2025/2026 and City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes September 16,2025 2026/2027 in the amount not to exceed $200,000.00. This will be back for Council consideration at the October 7, 2025, meeting. Councilmembers had no concerns. 13. 25-440 Presentation and discussion on Rezoning by Planned Development Case P-24-114-PZ, a request by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive, Parcel 101-02-0050, from Medium Density Single-Family Detached Residential ("RS-10M")to High Density Multiple-Family Residential by Planned Development("RM-1/PD") and a Minor General Plan Amendment from Medium Density Residential to High Density Residential. Senior Planner Nicholas Leftwich presented that P-24-114-PZ is a proposed rezoning requested by Hermelinda Pando of Hermelinda Properties LLC to rezone 282 N. Palo Verde Drive (Parcel 101-02-0050), approximately .62 net acres, from Medium Density Single-Family Detached Residential (RS-10M)to High Density Multiple-Family Residential by Planned Development(RM1/PD)to resolve the existing legal non-conformity of multi-family duplexes on a single family residential property and allow for the construction of a new fourplex to replace Unit A, the west building on the property. The Planned Development(PD) has been requested to provide zoning deviations to building setbacks to the rear and side minimum building setbacks.A reduction of the rear setback from twenty feet(20')to ten feet(10) has been requested to provide more space for parking and circulation within the site, while a reduction of the side setback from ten feet (10')to five feet (5') is requested in order to bring the existing buildings into zoning compliance, as they are only five feet(5') away from the north property line. While the duplexes' legal non-conforming status allows the buildings to continue their usage as constructed, it does currently limit repair and remodel work. To facilitate the rezoning of the property, a Minor General Plan Amendment to the General Plan Future Land Use map of the property is also proposed to change the designation from Medium Density Residential to High Density Residential. Planninq &Zoning Commission Hearing and Recommendation: The Planning and Zoning Commission held their public hearing for P-24-114-PZ on August 26, 2025. The Planning and Zoning Commission discussed site improvements, parking, the screen walls, proposed setbacks, and the correction of the property's legal nonconformities. A question was asked regarding if the new development will be connected to sewer, which it will be using existing infrastructure on Palo Verde Drive. One neighbor spoke during the public hearing to ask for confirmation that there would be a north screen wall, which was confirmed on the plans. The Planning and Zoning Commission evaluated the Minor General Plan Amendment and Rezoning by Planned Development proposal and subsequently voted 6-0 to forward P-24-114-PZ to the Apache Junction City Council with a recommendation of approval. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes September 16,2025 Councilmember Johnson inquired about the material of the 8 foot wall and the retention basins. Councilmember Heck asked about the amount of parking spaces. Mr. Leftwich responded to all questions and stated the Public Hearing for this item will be on October 7, 2025. K. COUNCIL DIRECTION TO STAFF 14. 25-459 Presentation, discussion, and possible direction to staff on dissolution of the City of Apache Junction Municipal Property Corporation. Councilmember Soller moved,seconded by Councilmember Nesser that direction to staff be given to draft an Ordinance and take whatever other administrative action is needed to effectuate the dissolution of the City of Apache Junction Municipal Property Corporation. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Assistant City Manager Matt Busby introduced Zach Sakas Esq., a Bond Attorney with Greenberg Traurig to speak on this item. Mr. Sakas presented that in 1990, the City created the Municipal Property Corporation (MPC) to allow the City to seek bonds for City facilities. At the time, due to Federal law, a non-profit third-party entity was necessary to allow for the City to sell tax-exempt bonds through lease-purchase financing structures (which significantly reduces borrowing costs for cities). The City utilized the MPC to fund multiple projects from 1992 through 1997, including: Apache Junction Police Department headquarters, a major street rehabilitation program, the rodeo grounds arena, irrigation and landscaping at Police Department Building and County Retention Basin, library expansion, and Prospector Park improvements(2 ballfield lighting, picnic areas, sports courts, lighting). In 1997, Federal Law was changed to allow municipalities to sell tax-exempt bonds through lease purchase type financing structures without needing another entity. Since that law has changed, the City has ceased to use the MPC to secure bonds. The City has paid off all financial obligations related to the bonds. The MPC has continued to function with Council appointing members each year and an annual meeting that consisted solely of approving the last meeting minutes and appointing the chair with no further business on the agenda. City Staff manage annual reporting requirements to the ACC, which are necessary even without any business being conducted. The City of Surprise is in the process of dissolving their MPC.All comparator organizations: Avondale, Buckeye, Casa Grande, Goodyear, Marana, Maricopa, Mesa, Oro Valley, and Queen Creek, do not have a MPC. Several of these entities previously used a MPC to issue bonds for public infrastructure but no longer use the MPC financing structure for the reasons City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes September 16,2025 described previously. There are two possible alternatives for the MPC: do nothing and allow it to continue to exist or dissolve it completely. Do nothing-Council would continue to appoint members, and the MPC would continue to meet at least once annually. Staff time will continue to be utilized on MPC functions. Barring major changes in federal tax law or some innovation that would make sense to see an MPC utilized, neither of which has happened in the 28 years post-1997 federal law changes, the MPC will continue to have no business. 2. Dissolve it completely-Council would adopt an ordinance changing the City Code and eliminate the MPC. Before this, the MPC would meet to formally transfer all assets to the City and adopt a resolution calling for its dissolution. After Council action to formally dissolve the MPC, City staff will complete the necessary dissolution filing with the ACC and the Arizona Department of Revenue. If conditions changed in the future and an MPC became beneficial or necessary once again, the City would have to adopt an ordinance to create a new MPC. If Council chooses to direct staff to dissolve the MPC, staff will prepare an ordinance and public hearing for the October 21, 2025, council meeting. If Council directs staff to continue with the MPC, there will be nothing further that Council will be asked to take action on. Vice Mayor Schroeder inquired about the back debt and how the program can be brought back if the tax laws change in the future. Councilmember Johnson asked about the filing fees for the annual reports. Mr. Busby and Mr. Sakas responded to all questions. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Gail Evans, Gold Canyon, announced that she is the new Chair of the Apache Junction Community Development Corporation and explained the services they offer the City. Donna Carr, 2178 West Virginia Street,Apache Junction, inquired if solar panels can be placed on the carports for the new condos. She also commented on the younger Police Officers not treating everyone like a criminal. Justin Cardwell, 4674 East Roundup,Apache Junction, spoke about a land dispute he is having with a neighbor and asked for guidance on how to proceed. Noah-James Markham, Tempe, spoke about the following topics: Police Officers receiving more education on people with disabilities, additional Section 8 housing in the City, adherence to fair labor laws, pay for the fire department and building more in the City. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes September 16,2025 Councilmember Soller commented that the Fire Department has their own Board and elected officials to make decisions on their pay. City Manager Bryant Powell stated Development Services will contact Mr. Cardwell to assist him with his questions. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:06 p.m. ACCEPTED THIS DAY OF OG�O , 2025, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2025. C ?� WALTER"CHIP"WILSONOF Mayor ATTEST: LtAG EVIE MCKINNEY City Clerk City of Apache Junction,Arizona Page 8