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HomeMy WebLinkAbout2020-12-01 City Council Regular MinutesCity of Apache Junction, Arizona Tuesday, December 1 , 2020 A. CALL TO ORDER Meeting Minutes City Council Meeting 7 :00 PM Mayo r Serdy called the council meeting to ord e r at 7 :00 p.m . B. INVOCATION AND PLEDGE OF ALLEGIANCE Meeting location : City Council Cha mbers at Ci ty Hall 300 E. Superstition Blvd Apache Jun ct ion , AZ 85 11 9 www.ajcity.net Ph: (480) 982 -8002 City Coun cil Chambers Vice Mayor W ilson gave the i nvocation and Councilmember Struble led the meeting attendees in the Pledge of Alleg iance. C. ROLL CALL Present: 7 -Mayor Serdy Vice Mayor Wi lson Cou ncil membe r Barker Councilm embe r Eva ns Councilm em ber R izzi Councilm ember S chroede r Councilmembe r S tru ble Staff in Attend a n ce: Bryant Powell , City Manager Matt Busby, Ass istant City Manage r Joel Stern , City Attorney Jenn ifer Pena , C ity Clerk Al Bravo , Publ ic Information Officer Thomas Kelly, Ch ief of Pol ice Larry Kirch , Development Serv ices Director Rudy Esqu iv ias, Plann ing Manage r Kendra E ll ner, P lanning Intern Mike Wever, Publ ic Works Director Keith Bedwell , Publ ic Works Fleet Liz Riley, Human Resources Director Ji ll Bright, Dep uty Ci ty Clerk (rem ote ly ) D. CONSENT AGENDA Cou n cilme m ber Evans mov ed, seconded by Vi ce Mayor W ilson th at the con sent agenda b e accepted as prese nted , that award of cont ract be give n to Vi as un Corporation for construction of cu rbin g for se l ec t m e dians on Apache Trail through th e Pinal County coope ra tive contract No. 175623 in the amount of $279 ,456 .32 with a 10% co ntingency fo r a t ota l proj ect cost not to exceed $307,401.95 , that approva l be given for the agreeme nt with Arizona Republi c fo r legal a dvertisin g from J an uary 1, 2021 th ro ugh Dece mb er 31 , 2021 a nd t hat Reso lution No. 20-40 a res o l ution of the Mayor and City Co un c il of the City of Apa c h e Junction , Pinal and Maricopa Co unti es Arizona , City of A pache Junction, Arizo na Page 1 City Council Meeting Meeting Minutes December 1, 2020 1. 2. 3. 4. 5. declaring and adopting the results of the general election held on November 3, 2020 , be approved. 20 -612 20 -613 20-621 20-548 20-633 Yes: No : Consideration of acceptance of agenda . Consideration of approva l of minutes of the regula r meet in g of November 17, 2020 . Consideration of approval of contract to V iasun Corporat ion fo r t he construction of cu rb ing fo r se lect medians on Apache Trail. The work w ill beg in in early 2021 and w ill be through Pinal County cooperat ive job order Contract No . 175623 in the amount of $279,456 .32 , plus a 10% contingency for unforeseen change orders in the amount of $27 ,945.63 for a total proj ect cost not to exceed $307 ,40 1.95 . T he work w ill res ult in curbing to facilitate roadway drainage and protection to the Apache Tra il median beautification improvements. Cons ideration of a legal advertising agreement with Arizon a Republic fo r a one year period from January 1, 2021 to Dec ember 31 , 2021 . There is no price increase from the 2020 agreement. Consideration for approval of Resolut ion No . 20-40 , a resolution of the Ma yor and City Council of the City of Apache Junction , P in al and Maricopa Counties , Ariz on a, declaring and adopting the results of th e general election held on November 3, 2020 . 7-Mayor Serdy , Vice Mayor Wilson , C ouncilmember Ba rke r, Councilm ember Evans , Counc ilmemb er Ri zzi, Councilm ember Schroeder and Counci lmember Struble 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 6. 20 -481 Presentation of 40-year Service Award to Ke ith Bedwell of the Publ ic Works Department. City Manager Bryant Powell and Publ ic Works Director Mike Wever presen ted a 40 yea r service award to Keith Bedwell , fleet division employee in the Pub lic Works Department. F. ANNOUNCEMENT OF CURRENT EVENTS 7 . 20-614 Announcement of current events from mayor a nd councilmembers. Cou nci lmember Struble shared that Proj ect Showers is this Sunday at the Salv at ion Army. Open Mic Night is th is Friday night at Table of Grace Church. January 9t h is the 3rd Annual AJ Prayer Walk. Councilmember Evans shared that the Apache Junct ion CDC had a board meet ing th is last week. Last month they completed 2 plant ing projects on Make a Difference Day. In Apri l , they will start o n the Field of Dreams in front of the Boys & Girls Club. The Chamber will also be helping the CDC in getting the word out in the commun ity on these projects. Councilmember Ba rker reminded the community of the reverse ho lida y parade th is Saturda y City of Apache Junction, Ari zona Page 2 City Counc il Meeting Mee t ing M in u tes Decembe r 1, 2020 near Flatiron Park. Councilmember Schroeder hoped everyo ne had a Happy Thanksgiving . Council member Rizzi shared that there is a great need this year and if you have the a bility to give something it makes a difference for those in need. Mayor Serdy shared that Gold Canyon Country Club ra ised $30 ,000 .00 for the Superstition Food Bank. G. CITY MANAGER'S REPORT 8. 9. 10 . 11 . 20-615 City Manager's Report. City Manager Bryant Powell shared that this Saturday is the reverse holiday parade near Flatiron Par k and thanked Parks and Recreation for keeping t his tradition alive during these tough times . The annua l employee engagement breakfast and tr ivi a contest is next Thursday and council is invited to participate as always . Mr. Powel l reminded council that there will be a light agenda on January 5th as the new counci l is sworn in therefore the January 19th council meeting agenda will be heavy. 20-617 Presentation, d iscussion and update on the first quarter financial report . Assistant City Manager Matt Busby reported on the revenues that were brought in and expenses that went out during the first quarter of the fiscal year. All of the data is right whe re it should be and there are no concerns. 20 -618 Presentat ion , discussion and update on the 2020 and 2021 Citizen Leadership I nstitute classes . Public Information Officer Al Bravo reported that the Cit izen Leadership Institute consists of about 9 classes each year. The 2020 c lass will conclude at the end of December and the 2021 class w ill start January 13th in the council chambers . 20-597 Presentation and discussion of the US Census efforts utilized in the area . Public In fo rmation Officer A l Bravo reported that the 2020 US Census was tough due to Coronavirus but extra work was done to get the information out to the co mmunity. The response rate in Apache Junction was about 53% and then with the help of the US Census we eventually reached a 99% reporting rate . H. PUBLIC HEARINGS 12. 20 -624 Presentation , discussion , public hearing and consideration of proposed Ordinance No. 1499 (case PZ-7 -19), a city-initiated rezon ing of a 2 .37-acres property located at 978 E. Roosevelt Street, from General Rural Low Density Single-family Detached Residential ("RS-GR") to Medium Density Single-family Detached Residential by Planned Development ("RS-20/PD") for the purpose of crea t ing land split and development opportunities. Vice May o r Wilso n m oved , secon ded by Counci lm em be r Eva n s t h at Ordina n ce N o. 14 99 be co n t inu ed to th e Jan u ary 19th C ity Co un ci l m eet i n g as th e Pl a nnin g a nd Zo nin g Commissio n co ntin u ed t h e case t o th ei r next meetin g o n Decem ber 8 , 2020, whe re th ey wo u ld p resent two ad d itio na l lot sp lit opt io n s. City of A pache Jun ction, A rizon a Page 3 City Co un c il Meetin g Meeting Minutes December 1, 2020 Yes: N o: 7 - 0 Mayor Serdy , Vice Mayor Wilson , Councilmember Barke r, Councilm ember Eva ns , Councilmember Rizz i, Counc ilmember Schroeder and Councilmember Struble Plann ing Intern Kendra Ellner presented that this is a city initiated rezoning for a 2 .37 acre property located at 978 E. Roosevelt Street. This property was abandoned for several years while the own er lived in Germany . With cooperat ion of the owner, the city was able to remove non-conforming structures and trespassers and the owner eventua lly did not w ish to deal with it anymore so they donated the property to the city . Staff is proposing to rezone it from General Ru ral Low Density Single Family Detached Residentia l to Med ium Density Single Fam ily Detached Residential by Plann ed Dev elopment in order to bring the property into conform a nce with th e surround ing neighborhood inclu ding allowing for a land sp lit and horse privileges on property. T he Plann ing & Zon i ng Commi ssion requested a continuance on this rezoning and city staff is recommendin g th is item come ba ck to council on January 19th after the Planning and Zoning Commi ssion has made a recommendation . Development Services Director Larry Kirch explained that staff would like to see the proceeds to go to the Community Development Corporation. Mayor Serdy opened the publ ic hearing. George Schroeder, 2444 W. Vi rg inia Street, stated that he was personally involved in this property and doesn't know why the city dragged its feet. He thinks it should be separated into 2 lots and that there should be a minimum acreage for horses to be permitted . Jeff Barlett, 108 N. Merid ian Drive, stated that he thinks the property should be split down the middle and the city shou ld support horse property . Mehmood Mohiuddin , 2341 N. Apache T rail , suggests that this property be spl it into two properties . He th inks residents should be able to have as many horses as t hey want. Mayor Serdy closed the public hearing. I. OLD BUSINESS J . NEW BUSINESS 13. 20-620 Presentation , discussion and approval on proposed Resolution No. 20-42 authorizing the city to enter into an intergovernmental agreement w ith Maricopa County for use of Maricopa County Sheriffs Office Basic Train ing Academy . Councilmember Rizzi moved, seco nd ed by Co un ci lmembe r Evans to approve Reso l uti on No . 20-42 authorizing the c ity to ente r into a n inte r gove rnm enta l ag ree m ent with Mari copa County fo r use of M aricopa County Sheriffs Offi ce Ba s ic Trainin g A cademy . City of Apache Junction, Arizona Page 4 City Council Meeting Meeting M in utes December 1, 2020 14. 15. Yes: 7-M ayor Serdy , Vice Mayor W ilson , Council member Ba rker, Co uncilmember Evans , Counc ilmem ber Rizzi, Councilm ember Sch roede r and Cou nci l member Struble No : 0 Ch ief Ke lly presented that this intergove rnmental agreement with Maricopa County Sheriffs Office will a ll ow ci ty sworn officers use of their Basic Trai ning Acade my. The police department currently uses Mesa but is look ing for more options to ensure that the re are enough spots for the upcoming officers being hired . Mr. Kelly explained that it takes about a year for an officer to co mplete bas ic training and to patrol the streets by themselves . 20-64 5 Presentation , discuss ion, and approva l on proposed Reso luti on No. 20-43 authorizing the city to enter into an intergovernmental agreement with the Town of Mammoth for transfer of used law enforcement equ ipment. Vice Mayor Wilson moved , seconded by Councilmember Evans to approve Resolution No. 20-43 authorizing the city to enter into an intergovernmental agreement with the Town of Mammoth for the transfer of Apache Junction 's used law enforcement equipment. Yes : 7 -Mayor Serdy , Vice Mayor Wilson , Councilmem ber Barke r, Councilmember Evans , Councilmember Rizz i, Council member Schroeder and Coun cilmem ber Struble No: 0 Ch ief Kell y presented that our pol ice department has outdate d traffi c enforcement equipment that is no lo nger of use and Mam moth Po lice Department has an interest in using th is equipment. This intergovernmental agreement will allow for the exchange of equipment and allow for future exchanges to be perm itted . 20-623 Considerat io n of two appointments to the Planning and Zoning Commission . Counci l interv iewed applicants for th is position at the November 30th work session an d may take this opportun ity to fill the v aca ncies . Vice Mayor Wilson moved , seconded by Councilmember Evans to appoint Richard Cantwell to the Planning and Zoning Commission for a term to expire on October 31 , 2021. (Fulfilling a vacancy due to Shirley Ooley's resignation). Motion passed 5 -1. Councilmember Rizzi moved, seconded by Councilmember Schroeder to appoint Mehmood Mohiuddin to the Planning and Zoning Commission for a term to expire on October 31 , 2022. (Fulfilling a vacancy due to Mike McGraw 's resignation) Motion failed with a tie of 3-3. Councilmember Evans moved , seconded by Vice Mayor to appoint Robin Barker to the Planning and Zoning Commission for a term to expire on October 31 , 2022. (Fulfilling a vacancy due to Mike McGraw 's resignation) Motion passed 4-2. Councilmember Barker recu sed he rself from the conversat ion and vote as she is an appl ica nt for the commiss io n . Council member Rizzi shared that the counci l received a lot of great candidates and it is a tough City of Apache Junction, Arizona Page 5 City Council Meeting Me et i ng Min utes December 1, 2020 choice and doesn't want the applicants to tak e it personal. K . COUNCIL DIRECTION TO STAFF 16. 17. 20-636 Council direction to staff on amending cargo container regulations in the city 's zoning code. Vice Mayor Wilson moved , seconded by Councilmember Schroeder to direct staff to look at th e a bility to allow cargo containers on l ots in the ci ty based o n lot sizes and what ca n be us ed and what n eeds to be done to a cargo co ntainer to try and neutralize it. Yes : No : 5- 2 - Mayor Serdy , Vice Mayor Wilson, Councilmember Rizzi , Councilmember Schroeder and Councilmember Struble Cou ncilm ember Barker a nd Co uncilm ember Evans Councilmember Evans explained her disapproval of cargo conta in ers being permitted on residential property . Co un cilmem ber Rizzi disagreed w ith Councilmember Evans and thinks that cargo containers should be allowed and the city should just regulate them . Vice Mayor Wilson explained that carg o containe rs are very secure. He believes th e city should allow them and regul ate them. Co uncilmember Bar ker confirmed that this discussion is about allow ing ca rgo contain ers on lots sma ll er then an acre and a quarter. Deve lopment Services Director Larry Kirch explained that the city currently regulates cargo con tainers by residents being required to apply for a permit. The ci ty looks for set back and landscape requirements . Mr. Kirch explained that 90% of lots w ith cargo containers are code cases because they do not get a perm it or follow requirements . Mayor Serdy stated that the artist that built the kachina stored his very expensive art materials in a cargo container because of how secure it is . Councilmember Evans explained that there are other options for storage and wishes to leave the ordinance as it is. 20-64 0 Presentation, di scussio n and di rectio n to staff on the possib le c reati on of a draft ordi nan ce relat ing to the regula ti on of recreational marijuana , as a ll owed by th e voter's approva l of th e "Smart and Safe Arizona A ct", possib ly using the mod el ordinance language provided by the League of Ar izona Ci t ies and T owns . T his item was con t i nued from the city council meeting of November 17 , 2020 , wherein council asked for more information about what o ther cities are doing . Coun ci lme mber Rizzi moved , seconded by May or Serdy to d i r ect staff to allow existing dispensaries to b ecome dual l icensees : requ i re CUP amendment process , operate under the sa m e rules as existi ng dispe nsaries , allow recreational marijuana sa l es too , but no cu ltivat i on or processing , allow medical mariju a na to co nv ert to rec reational marijuana through CUP amendment, th e code t o still allow for medical m a riju ana c ultivation an d infusion kitchen s. Mo t ion pa ssed 6 -1. Ci ty of Ap ache Jun c tio n, Arizona Pag e 6 City Co uncil Meetin g Meet ing M in u t es Decem be r 1, 2 020 Coun c ilmem ber Eva ns m o ti oned to a dd on to Cou n cil m e m be r Rizzi 's mo t ion th at ma r ij uan a be treated l i ke reta i l and liqu or st o res i n t he B-1, B-2 a nd B -3 z on es. Amended moti o n pa sse d 4 -3. P lanning Manager Rudy Esqu ivias answered questions that counc il h ad at last ni gh t's work session on th is item . Dual li censees will not be requ i red to have separate entrances or areas for medica l and recreational sales . Citizens under the age of 21 will not be allowed to go into recreat ional mar ijuana estab li shments but they may go into a medica l mar ij uana estab lish m ent. A residence may grow up to 6 plants in their home per person living in the home. A felon can get a med ical marij uana card and marij uana establ ishments w ill likely not perform i ndividual background checks . Counc ilmember Strub le expressed his disl ike of the approval of recreational marijua na. L SELECTION OF MEETING DATES , TIMES , LOCAT IONS , AND PURPOSES 18 . 20-616 Execut i ve Session at 6 :00 P .M . and Wor k Session at 7 :00 P .M . fo r Monday , December 14 and Tuesday December 15, 2020 be he ld in the city council conference roo m and city council chambers located at 30 0 E . Su perst itio n Boulevard , Apache Junction , Ar iz ona , respect ivel y; and other meetings if necessary. Cou n ci lm em b er Evan s moved, se conded by Co u ncilmem be r Strubl e th at a n Ex ecu t ive Sessio n at 6 :00 P.M. an d W o rk Ses s i o n at 7:00 P.M. for Mo n day , De ce mb e r 14, 20 20 and th at an Execu tive Sessio n at 6:00 P.M. a nd Wo r k Sess i o n at 7 :00 P .M . fo r Tu esday, December 5 , 2020 be held in t h e ci ty co un c i l co nfe re n ce roo m a nd ci ty co unc il c h am b ers loca t ed at 300 E. Su pers ti tion Bo u levar d , A p ac h e Jun ction , A ri zo na, respective ly ; and o th e r me eti n gs i f necessary. Yes: No : 7 - 0 Mayor Serdy , V ice Mayor Wi lson , Coun cil member Ba rker, Co uncil mem ber Evans, Councilmem ber Ri zzi, Coun cil member Schroeder and Councilmem ber Struble M. CALL TO PUBLIC George Schroeder , 2444 W . Virginia Street in Apache Junction, stated that code enforcem ent already isn 't d oi ng the ir j obs . H im and h is w i fe shouldn 't both be c ha rged for not hav ing trash . He is not going to have or pay for trash . It isn't legal and he's not hav ing garbage service . N. ADJOURNMENT Mayor Se rd y ad j o u rne d th e co un ci l m eetin g at 8:40 p m . ACCEPTED T HI S s · DAY OF JM ua_~./ , 202~. BY THE MAYOR AND CITY COUNCIL O F THE C ITY OF APACHE JUN CT ION , ARIZO NA. SIGNED AND ATTESTED TO THIS __ s __ DAY OF ~uafi. y' City of Apache Juncti on, Arizon a JEFF SERDY Mayo r Pag e 7 . 202 b. City Council Meeting ATTEST: JENNIFER PENA C ity Clerk Meeting Minutes CITY CO UN CI L MINUTE S C ERTIFI CATION De cember 1, 2020 I hereby certify that the foregoing minutes are a true and correct copy o f the minutes of the regular7eeting of the City Council of the City of Apache Junction , Arizona , held on the ____ day of J2tl. c, o;n bM , 2020. I f urther certify that the meeting was duly ca ll ed and held and that a quorum was present. Dated th is __ S ___ day of J (Vl uo..A.t '2024 . JENNIFER E City Cler k City of Apac h e Junction, Arizona Page 8