HomeMy WebLinkAbout2021-06-01 City Council Regular Minutes ;. ..5 City of Apache Junction, Arizona Meeting location:
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City Council Chambers
at City Hall
" r -a Meeting Minutes
-' 300 E.Superstition Blvd
CityCouncil MeetingApache Junction,AZ
85919
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,June 1,2021 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the city council meeting to order,
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Rizzi gave the invocation and then council said 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
At Bravo, Public Information Officer
Tom Kelly, Police Chief
Mike Wever, Public Works Director
Rudy Esquivias, Planning Manager
Kelsey Schattnik, Planner
Liz Langenbach, Parks&Recreation Director
Jill Bright, Deputy City Clerk(remotely)
D. CONSENT AGENDA
Vice Mayor Rizzi moved,seconded by Counclimember Schroeder to accept the consent agenda
as presented.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
1. 21-262 Consideration of acceptance of agenda.
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City Council Meeting Meeting Minutes June 1,2021
2. 21-264 Consideration of approval of minutes of the special meeting of May 17,2021.
3. 21-263 Consideration of approval of minutes of the regular meeting of May 18,2021.
4. 21-250 Presentation, discussion and consideration of approval for cooperative
purchasing agreement between City of Apache Junction and CoreCivic, Inc
for jail service. CoreCivic staff will be available to answer any of the council's
questions,
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
5. 21-254 Formal presentation by mayor of certificates of graduation to the graduates of
the 21 st Citizen Leadership Institute{CLI).
Public Information Officer All Bravo shared that the 20th and 21 st Citizen Leadership Institutes
were just completed and presented Certificates of Graduation to each graduate.The next class
will begin in January 2022.
F. ANNOUNCEMENT OF CURRENT EVENTS
6. 21-261 Announcement of current events from mayor and councilmembers.
Councilmember Biggs shared that the VFW Posts hosted Memorial Day tributes,This weekend
is the monthly 1 st Friday and 1 st Saturday 1 year anniversary celebration,The Sonoran
Farmer's Market is also beginning this weekend,
Councilmember Evans shared that the Apache Junction Community Development Corporation
just finished cleaning up another code compliance case yard that consisted of 50 volunteer
hours and a large commercial dumpster from Republic Services.
Councilmember Schroeder congratulated the CLI graduates.
Councilmember Gremmel shared that the Centennial Group is meeting this Thursday at the
Library to continue to plan the January 2022 event.
Councilmember Nesser thanked the CLI graduates for getting involved.
Vice Mayor Rizzi congratulated and thanked the CLI graduates.
Mayor Wilson congratulated and thanked the CLI graduates for getting involved.He participated
in the Memorial Day events,
G. CITY MANAGER'S REPORT
7. 21-260 City Manager's Report,
City Manager Bryant Powell shared that the Superstition Shadows Pool is now open with limited
days and hours due to not having enough life guards.The annual 4th of July event will be
occurring this year with more details to come.
H. PUBLIC HEARINGS
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City Council Meeting Meeting Minutes June 1,2021
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8. 21-271, Presentation,discussion, public hearing and consideration of proposed
Resolution No.21-13,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 entitled"2021 Amendments to the Apache
Junction City Code,Volume 11, Land Development Code, Chapter 1:Zoning
Ordinance,Article 1-6. Supplement Regulations, § 1-6-12 Medical and
Recreational Marijuana"; repealing any conflicting provisions;and providing for
severability.
Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Resolution No.21-13,a
Resolution of the mayor and city council of the City of Apache Junction,AZ declaring that certain
document filed with the City Clerk entitled"2021 Amendments to the Apache Junction City Code,
Volume 2,Land Development Code,Chapter I Zoning Ordinance,Article 1-6:Supplement
Regulations,§1-6-12 Medical and Recreational Marijuana";repealing any conflicting provisions;
and providing for severability be amended to prohibit any testing,cultivation or anymore
dispensaries in the city limits of Apache Junction.
Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember
Nesser and Councilmember Gramme]
No: 2- Councilmember Evans and Councilmember Biggs
Mayor Wilson stated that the next four items deal with Recreational Marijuana and the Public
Hearings will be combined but each item will still have their own motion.
Planner Kelsey Schattnik explained the options relating to proposed Resolution No.21-13 and
No.21-15 and proposed Ordinance No. 1502 and No. 1504.
Councilmember Evans stated that she does not have any problems with P&Z recommendations
other.then allowing lab testing.
Councilmember Biggs asked City Attorney Joel for clarification on wording and options. He
thinks businesses should be able appeal the decision to the Board of Adjustment.
Vice Mayor Rizzi thinks that more conversation needs to be had on this matter. Her concern is
perception.
Councilmember Schroeder thinks we have enough marijuana facilities and does not want
anymore. Council can always come back and change this if needed or wanted in the future.
Councilmember Nesser would like to table it and let it die.
Councilmember Gremmel thinks it should not be tabled and council should make the decision,
not let Board of Adjustment make the decision on an appeal down the road.
Councilmember Evans thinks council should make the decision. It is voter approved and a
legitimate business and there will only be 23 allowed in the entire state by lottery so she thinks
council should approve it in our city.
Mayor Wilson opened the public hearing.
Mathew Bolt,708 S. Paustlan Circle, does not agree With marijuana and wants the city council
to be a leader, not a follower.
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City Council Meeting Meeting Minutes June 1,2021
George Schroeder,2444 W.Virginia Street,stated that the druggies have won and his
neighbors prove that.We need to tell the developers what is going to happen, not the other way
around.
Caitlin Knox, 2516 W. Cactus Wren Street, stated that the voters have spoken and want this
type of business. She thinks there are so many good uses for marijuana and it is much safer
then alcohol and council wouldn't stop a bar from coming into the city.
Bob Caldwell, 3301 S. Goldfield Road,asked council not do leave the Board of Adjustments out
to dry. If council is going to take no action then state that they don't want any facilities. Planning
and Zoning Commission had no direction from council which is how they came up with what
they did. Without any direction the appeals group could approve it and then we're back to square
one.
Mehmood Mohiuddin,234 N.,Apache Trail, explained that in the 1930s alcohol was not allowed
in the United States. He,knows people that have medical marijuana cards and go sell their
marijuana on the streets to children.Council needi to think about the future generation and
make the best decision for the community.
Mayor Wilson closed the public hearing and asked for a motion.
9. 21-272 Presentation,discussion, public hearing and consideration of proposed
Resolution No.21-15, a Resolution of the Mayor and City Council of the City of
Apache Junction,Arizona, deg]-aring as a public record that certain document
filed with the City Clerk and entitled"2021 Amendments to the Apache
Junction City Code,Volume 11, Land Development Code, Chapter 1:Zoning
Ordinance,Article 1-5:Zoning Bulk and Use Regulation, § 1-5-3
Non-Residential Use Regulations,Table 5-3 Non-Residential Use
Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction
provisions,and providing for spverability.
Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Resolution No.21-15,a
Resolution of the mayor and city council of the City of Apache Junction,AZ declaring that certain
document filed With the City Clark entitled"2021 Amendments to the Apache Junction City Code,
Volume 2,Land Development Code,Chapter I Zoning Ordinance,Article 1-5:Zoning Bulk and Use
Regulation,§1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations,
and Article 1-17,§1-17-1 Definitions";repealing any confliction provisions,and providing for
severability be tabled and brought back to council on July 20,2021 with the changes to the
ordinance that were carried out in item#8 with a new ordinance number.
Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember
Nesser and Councilmember Gremmel
No: 2- Councilmember Evans and Councilmember Biggs
10. 21-273 Presentation,discussion, public hearing and consideration of proposed
Ordinance No. 1502, an Ordinance of the Mayor and City Council of the
Apache Junction,Arizona, amending Apache Junction City Code, Volume It,
Land Development Code, Chapter 1: Zoning Ordinance,Article 1-6:
Supplemental Regulations, by repealing, replacing and retitling in its entirely
1-6-12, Medical Marijuana; and by adopting by reference that certain
document entitled"2021 Amendments to the Apache Junction City Code,
Volume 11, Land Development Code, Chapter 1: Zoning Ordinance,Article 1-6:
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City Council Meeting Meeting Minutes June 1,2021
Supplemental Regulations,§ 1,-6-12, Medical and Recreational Marijuana";
repealing any conflicting provisions; providing for severability; and providing for
penalties.
Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Ordinance No.1502,be
tabled and brought back to council on.July 20,2021 with the changes to the ordinance that were
carried out in item#8 with a new ordinance number.
Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember
Nesser and Councilmember Gremmel
No: 2- Councilmember Evans and Councilmember Biggs
11. 21-274 Presentation,discussion, public hearing and consideration of proposed
Ordinance No. 1504,an Ordinance of the Mayor and City Council of the City of
Apache Junction,Arizona, amending the Apache Junction City Code, Volume
11, Land Development, Chapter 1: Zoning Ordinance, by adding a new
recreational marijuana use category to certain zoning districts and new
recreational marijuana use definitions and adopting by reference that certain
document entitled"2021 Amendments to Apache Junction City Code,Volume
11, Land Development Code, Chapter
kapter 1:Zoning Ordinance,Article 1-5 Zoning
Bulk and Use Regulations, § 1-5-3, Non-Residential Use Regulations, Table
5-3 Non-Residential Use Regulations, and Article 1-17,§ 1-17-1 Definitions";
repealing any confliction provisions; providing for severability; and providing for
penalties.
Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Ordinance No.1504,be
tabled and brought back to council on July 20,2021 with the changes to the ordinance that were
carried out in item#8 with a new ordinance number.
Yes: 5- Mayor Wilson, Vice Mayor Rizzi, Councilmember Schroeder, Councilmember
Nasser and Councilmember Grernmel
No: 2- Councilmember Evans and Councilmember Biggs
I. OLD BUSINESS
12. 21-269 Presentation and discussion on award of bid for PR-21-01 County Basin Dog
Park Construction Services to Scholz Contracting, LLC.
Parks& Recreation Director Liz Langenbach shared that 8 bids were submitted for the dog
park. Staff is recommending a contract be awarded to Scholz Contracting, LLC who was the
lowest bidder and is qualified-to do the project fora total amount of$1,147,095.95.This item will
be brought back for final award of contract at the June 15th council meeting.
J. NEW BUSINESS
13. 21-257 Presentafion and discussion on proposed Resolution No. 21-23,authorizing
the City of Apache Junction to enter into an intergovernmental agreement with
Gila County,Arizona for CDBG Regional Account(RA)allocation.
City Attorney Joel Stern explained that Apache Junction and Gila County are members of
Central Arizona Governments(CAG)which is who distributes the CDBG funds. CAG has
authorized a procedure for switching funding years between communities so the parties believe
it is in the best interest to partner so that one community can submit applications in one fiscal
year and the other in the next fiscal year, allowing that year's applicant to receive double or
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City Council Meeting Meeting Minutes June 1,2021
increased funding.Apache Junction will request funding in fiscal year 2021 and Gila County will
request funding in fiscal year 2022,
14. 21-265 Presentation and discussion on Resolution No, 21-25 a resolution of the
mayor and city council of City of Apache Junction,Arizona, authorizing the
mayor to execute the procedural-pre-annexation agreement for the Auction
Property between the City of Apache Junction, the Arizona State Land
Department and D.R. Horton, Inc.Arizona State Land Department and D.R.
Horton, Inc. representatives wj!I be available to answer any of the council's
questions.
City Attorney Joel Stern explained that this resolution will authorize the mayor-to execute a
procedural pre-annexation agreement(PPA)for the, development of approximately 2,800 acres
to be annexed into the city for a housing community called Superstition Vistas which gives the
developer and state land department certain assurances relating to the approval process for the
development agreement . It is reasonable for the qeveloper and state land department to be able
to rely on the orderly process set forth in the PPA.
15. 21-276 Presentation and discussion on Resolution No.21-26 a resolution of the
mayor and city council of City of Apache Junction,Arizona, authorizing the
mayor to execute the procedural pre-annexation agreement for the Retained
Property between the City of Apache Junction,the Arizona State Land
Department.Arizona State Land Department representatives will be available
to answer any of the council's questions.
City Attorney Joel Stern explained that this resolution will authorize the mayor to execute a
procedural pre-annex-ation agreement(PPA)with the state land department for the development
of approximately 5,700 acres to be annexed into the city for development.The PPA gives the
state land department certain assurances relating to the approval process for a development
agreement. It is reasonable for the state land department to be able to rely on the orderly
process set forth in the PPA.
K. COUNCIL DIRECTION TO STAFF
16. 21-225 Direction to staff on Fiscal Year 2021-2022 health& human services funding
recommendations. If so directed,the contracts for services will be placed on
the June 15th consent agenda at which time council can approve or opt to
continue the contracts to another date,
Councilmember Nasser moved,seconded by Councl!rnernber Biggs to direct staff to place the
contracts for the non-profit organizations on the June I 6th council agenda.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Grernmel
No: 0
City Clerk Jennifer Pena explained that two weeks ago council heard a presentation from
commissioners on their recommendation for funding.Tonight staff is requesting a direction to
staff on moving forward with the recommendations.
Councilmember Biggs expressed his concern with the amount that the city has funded to non
profits over the last 10 years and what there is to show for it. He wants this to be brought back
for discussion.
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City Council Meeting Meeting Minutes June 1,2021
Councilmember Evans explained that what the non profits provide to the community cannot
always be seen, such as children eating,children.getting cared for and educated,the homeless
getting showers,women being protected from domestic violence and much more.
Vice Mayor Rizzi would like a discussion to be had on where the funding is going and maybe
revamp the process and wean the current agencies from the funding. She does not want to cut
the funding.She would like to focus on helping the homelessness.
Councilmember Nesser doesn't think it hurts to revisit the process and took at only allowing
agencies to apply for a certain amount of years.
Councilmember Gremmel thinks it is a good idea to review what has been done and what is
being done and look for process improvements.
L. SELECTION OF MEETING DATES,TIMES, LOCATIONS,AND PURPOSES
17. 21-259 Executive Session at 6:00 P.M.for Monday, June 14th and Executive Session
at 6:00 P,M,for Tuesday,June 15th in the city council conference room
located at 300 E. Superstition Boulevard in Apache Junction,Arizona and
other meetings scheduled if necessary.
Vice Mayor Rizzi moved,seconded by Councilmember Schroeder that an Executive Session at
6:00 P.M.for Monday,June 14,and Tuesday,June 16,2021 be held in the city council conference
room located at 300 E.Superstition Boulevard in Apache Junction,AZ,and other meetings be
scheduled if necessary.
Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember
Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember
Gremmel
No: 0
M. CALL TO PUBLIC
Leonard Jeffrey, is trying to open a homeless shelter for veterans,There has been rumors going
around that are not true. He was red tagged or he would have two homeless veterans in the
shelter right now.The property should be zoned as commercial, not residential. He wants to be
able to work on his own property.
George Schroeder,2444 W.Virginia Street,said that only two churches in the city are
contributing to the community. The churches and Banner are not non profit. Code enforcement
needs to step up. $80,000 is nothing compared to what we need.
N. ADJOURNMENT
Mayor Wilson adjourned the city council meeting.
ACCEPTED THIS DAY OF 2021, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
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City Council Meeting Meeting Minutes June 1,2021
SIGNED AND ATTESTED TO THIS t�e�� DAY OF ': l k( 2021,
--- N----rr ;�u 111
CHIP WILS6N
Mayor
ATTEST:
JENI ,F + ENA
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 r 2021. 1 further certify that the meeting was duly
called and held and that a quorum was present..
Dated this zM � _ day of � 2021,
JENNIFE A r
City Clerk
City!of Apache Junction,Arizona mega