HomeMy WebLinkAbout2024-01-16 City Council Regular Minutes City of Apache Junction, Arizona Meeting location:
City Council Chambers
ram at City Hall
Meeting Minutes 300 E.Superstition Blvd
r= Apache Junction,AZ
P;Z0 City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,January 16,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:01 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Schroeder 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
Matt Busby,Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Michael Pooley, Police Chief
Rudy Esquivias, Development Services Director
Evie McKinney, Deputy City Clerk
Kelsey Schattnik, Planner
Nicholas Leftwich, Planner
D. CONSENT AGENDA
Councilmember Cross moved,seconded by Vice Mayor Schroeder 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
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City Council Meeting Meeting Minutes January 16,2024
1. 24-002 Consideration of acceptance of agenda.
2. 24-003 Consideration of approval of minutes of the regular meeting of December
19, 2023.
3. 24-014 Consideration of approval of Resolution No. 23-39 amending the
classification and compensation plan for fiscal year 2023-2024 for
non-sworn city employee positions, implementing a mid-fiscal year
adjustment to salaries, authorizing necessary budget appropriations, and
establishing an effective date for these actions.
4. 24-023 Consideration of approval of Resolution No. 23-41 retroactively approving
submission of projects for consideration in Arizona's 2024 Highway Safety
Plan.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
5. 24-028 Proclamation designating January 2024, as"Human Trafficking
Awareness Month."
Mayor Wilson read the Proclamation designating the month of January 2024 as"Human
Trafficking Awareness Month", and presented it to Chief Michael Pooley with the Apache
Junction Police Department. Scott September of"Not In Our City"thanked the Mayor and _
council for the proclamation and invited all to join the annual event"Night of Hope" being held
on February 18, 2024, at 5:00 PM at Grand Canyon University. The event is to raise
awareness of human trafficking in our community. Chief Pooley also thanked the Mayor for the
proclamation and spoke about the training and trends the police force keep up with to help
prevent this and save victims.
F. REGIONAL INTERGOVERNMENTAL UPDATES
6. 24-004 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Heck spoke about the upcoming "Lost Dutchman Days"event. It will take
place on February 23-25, 2024,with various events including live entertainment, carnival
rides, vendor booths, a parade and the rodeo. He stated this is a signature event for the City
and it highlights Apache Junction's history. He noted that the rodeo tickets are sold per day
and not one ticket for all 3 days. The event brings in thousands of visitors and all money made
goes to youth organizations within the City. He brought flyers with event information listed and
hopes that all will attend.
Vice Mayor Schroeder and all members of the council attended Legislative Opening Day on
January 8, 2024, as special guests of Senator Wendy Rogers. It was a very busy day but
Senator Rogers took the time to sit down with the council and ask what she can do for them
and what the City needs. Vice Mayor Schroeder was very impressed with that and he felt she
was very accessible and helpful. Mayor Wilson agreed with him and felt Senator Rogers was
very receptive to their concerns and ideas.
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City Council Meeting Meeting Minutes January 16,2024
Mayor Wilson attended"Breakfast with the Governor"on January 9, 2024. Governor Hobbs
gave the State of State speech and other cities shared what was going on in their cities. It was
well attended by many other cities Mayors and officials.
Mayor Wilson also spoke about the celebration of life memorial for Sergeant Southard on
January 13, 2024, at VFW Post 7968. Many family members, friends and active duty members
attended and shared memories of him. Sergeant Southard's family sent the City a thank you
note for recognizing him and placing the flags at city hall half-staff.
Mayor Wilson requested Police Chief Michael Pooley speak regarding the increase in juvenile
crime in the East Valley. Chief Pooley stated a crime analyst for the East Valley reviewed the
cases that are in the media currently and Apache Junction citizens are not connected to any of
them. He also stated last year there was a spike in juvenile crime in the City but it is being
monitored closely.
Councilmember Soller commented that parents need to step up and be parents,to help
prevent more juvenile crime.
G. CITY MANAGER'S REPORT
7. 24-005 City Manager's Report.
City Manager Bryant Powell recognized Code Compliance Manager Victor Martinez for his
involvement in regional and national code enforcement associations. Mr. Martinez was the
President for the Code Enforcement Association in the League of Arizona Cities and Towns
for 2018-2022. He was recently sworn in as President of the nation-wide American Association
of Code Enforcement.
The Apache Junction library received an award of$20,000.00 annually from the Glen Perkins
Foundation to go towards computers for public use. This year it was increased to$79,000.00,
and library management staff will design a plan to maximize the amount for our citizens.
Parks and Recreation Director Liz Langenbach recognized two of her employees, David Butler
and Riley King for their help with the new Christmas tree for the City. Mr. Powell read a thank
you from citizens Jim and Shirley Rollins who really enjoyed seeing the new tree each day.
8. 24-001 Presentation and discussion with Republic Services regarding operational
updates and the upcoming free dump week.
Republic Services General Manager Charlotte Thomas thanked council for attending the
landfill tour and shared her hope to have more opportunities to work together. She introduced
Municipal Manager Emma Reyes and Operations Manager Rob Fisher. The presentation was
turned over to Ms. Reyes for updates regarding the free dump week.
Ms. Reyes presented the holiday schedule for 2024. Republic Services will be closed on
Thanksgiving, Christmas and New Years. On those dates, pick-up services will be delayed
one day.
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City Council Meeting Meeting Minutes January 16,2024
Free dump weeks for 2024 are:
February 5-10
May 6-11
August 5-10
November 4-9
Ms. Reyes explained the requirements of what can and cannot be accepted during free dump
week. She stated that 2,514 households took advantage of free dump weeks last year.
Councilmembers questioned increasing the weight limit and how close this location was to
capacity.
Ms. Thomas addressed the concerns.
9. 24-027 Presentation by Jill Shaw of Heinfeld, Meech&Co. on the city's annual
financial audit.
Third party Auditor Jill Shaw with Heinfeld, Meech and Co. presented the audit timeline, scope
of the audit, responsibilities of the auditor and management and new accounting standards that
have been implemented. She stated no audit adjustments were needed, the audit was filed on
time and met all state and federal regulations. She also highlighted certain pages in the
financial report.
The full report can be viewed on the City's website at
www.apachejunctionaz.gov/742/Financial-Reports.
10. 24-006 Announcement of Current Events.
Assistant City Manager Matt Busby advised the Lost Dutchman Marathon on February 18,
2024 is sold out. He also encouraged everyone to sign up for the City's newsletter to see all
details of upcoming events and programs.
H. PUBLIC HEARINGS
11. 24-008 Consideration of application for a new Series 12 Restaurant Liquor
License for Taco Giro located at 1520 W Apache Trail, 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.
Councilmember Heck moved,seconded by Councilmember Soller that the application for a Series
12 Restaurant Liquor License submitted by Miguel Ramos with Taco Giro be recommended for
approval to the Arizona Department of Liquor Licenses and Control.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
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City Council Meeting Meeting Minutes January 16,2024
City Clerk Jennifer Pena stated the city received an application for a new Series 12 Restaurant
Liquor License for Taco Giro located at 1520 W.Apache Trail, on December 21, 2023, and the
Notice of Posting was placed at the establishment on December 26, 2023.
The posting requirement has been met with no comments from the public. 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.
Mayor Wilson opened the public hearing, receiving no comments from the public, he closed the
public hearing and asked for a motion.
12. 24-009 Consideration of application for a Series 06 Bar Liquor License for SKIES
located at 945 E Scenic Street, 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.
Councilmember Cross moved,seconded by Councilmember Nesser that the application for a
Series 6 Bar Liquor License submitted by Amy Nations with SKIES be recommended for approval
to the Arizona Department of Liquor Licenses and Control.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
City Clerk Jennifer Pena stated the city received an application for a new Series 06 Bar Liquor
License for SKIES located at 945 E Scenic Street, on December 21, 2023, and the Notice of
Posting was placed at the establishment on December 26, 2023.
The posting requirement has been met with no comments from the public. 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.
Mayor Wilson opened the public hearing, receiving no comments from the public, he closed the
public hearing and asked for a motion.
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City Council Meeting Meeting Minutes January 16,2024
I. OLD BUSINESS
13. 23-711 Presentation and Discussion on Urban Night Sky Place Application Status.
Senior Planner Kelsey Schattnik presented the background for the Urban Night Sky Place
("UNSP") Status Update. In September 2022, Staff made the decision to pursue an Urban
Night Sky Place designation for the City Hall Campus.The campus includes City Hall, Library,
Multi-General Center(&associated parks), and the Police Department.
An Urban Night Sky Place application was submitted to Dark Sky for review in May 2023 and
received feedback from Dark Sky in June 2023.The City was informed that at least 67%of
outdoor, onsite lighting must be retrofitted before an application is considered complete.With
that knowledge, the City worked with TRANE Technologies to obtain a budget for retrofitting all
outdoor, City Hall Campus lighting.
The city received a budget from TRANE in October 2023 for an approximate project total of
$260,000. Once the budget was received, staff began looking into grant funding for the project.
Two(2) primary grants were identified for the project.The first is the Energy Efficiency and
Conservation Block Grant(EECBG),which can be used to fund general energy efficiency
projects.The second is the Energy Efficiency and Conservation Block Grant(EECBG)
Program =Arizona Department of Housing (ADOH): Community Development Block Grant-
Regional Account(CDBG-RA), which can be used to fund projects at locations designed for
public use.
Due to the timing, use and money allocated by each grant, staff has decided to split the project
into two (2) phases. The locations, budget, and timing of each phase is outlined below:
Phase 1:
• Location: City Hall and Police Department
• Estimated Cost: $102,114.07
• Items Included:All outdoor lighting including the parking lots,walkways, sconces, etc.,
as well as controls for the PD walkway,sconce lights etc.
• Funding Source-U.S. Department of Energy (DOE):
o Energy Efficiency and Conservation Block Grant(EECBG) Program =$76,310
o Parks&Recreation staff is looking into other sources to make up the difference.
• Anticipate EECBG funding to be available in Spring 2024, and project completion of
Phase 1: Spring 2024
• TRANE to assist with submitting SRP rebates.
Phase 2:
• Location: Library, MGC and Park
• Estimated Cost: TBD
• Funding Source- U.S. Department of Energy(DOE): Energy Efficiency and
Conservation Block Grant(EECBG) Program =Arizona Department of Housing
(ADOH): Community Development Block Grant-Regional Account(CDBG-RA) _
approximately$130,000
• Anticipate funding to be available in Fall 2024.
• Anticipated Completion of Phase 2: Spring 2025
• TRANE to assist with submitting SRP rebates.
Ms. Schattnik stated at Prospector Park, ball fields 1 and 2 and the west side of 3 and 4 were
updated in Winter of 2023 and have been certified by Dark Skies. Before and after photos
were shared.
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City Council Meeting Meeting Minutes January 16,2024
Councilmembers had concerns about the grant funding and complimented Ms. Schattnik for
her hard work on this project.
City Manager Bryant Powell stated if the grant funding falls short, the City budget can
accomodate the gap.
J. NEW BUSINESS
14. 24-007 Presentation, discussion, and consideration of approval of Resolution No.
24-01, an intergovernmental agreement with Pinal County for election
services for the August primary election and, if necessary, the November
general election. This proposed intergovernmental agreement with Pinal
County is necessary in order to conduct the August 2024 city primary and
November general elections.Through the intergovernmental agreement, we
will obtain critical election and voter-related services to include sample and
final ballots, ballot tabulation, precinct registers, early voting, and preparation
and distribution of ballots.
Councilmember Soller moved,seconded by Councilmember Nesser that the Intergovernmental
Agreement for provisions of services with Pinal County Elections and Recorders Office for
elections and voter registration services be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
The City Clerk has received the Election Services Intergovernmental Agreement from Pinal
County for the primary election on August 6,2024, and the general if needed, on November 5,
2024.The City is required to have the approved intergovernmental agreement with the county
no later than 120 days before the election so that both meet all entities legal requirements.
The city's election cycle is concurrent with the state's consolidated election cycle. This
provides a decrease in the cost of election services from the previous spring election cycle
which the city last conducted in 2016. Currently, Pinal County set its fee at$0.75 per voter.
In 2022,the City of Apache Junction had approximately 25,181 registered voters and most
recently the city has over 26,000 registered voters. Cost is based on the number of registered
voters per election.These amounts reflect only Pinal County election charges.They do not
include election-related charges for translation services, legal advertisements, mailing or
charges from Maricopa County.
Councilmember Cross inquired if the fee total will increase as the number of registered voters
goes up.
City Clerk Jennifer Pena stated the fee total would increase as the county charges per voter.
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City Council Meeting Meeting Minutes January 16,2024
15. 24-021 Presentation, discussion, and update of the direction to staff given on
December 5, 2023 to review the Apache Junction City Code,Volume II,
Zoning Ordinance, § 1-16-12 Conditional Use Permits,Administrative Use
Permits and Building Permits, Subsection (D) "Conditional Use Permits"and
provide options to address possible changes to the Apache Junction
Planning and Zoning Commission's approval authority for conditional use
permits.
Councilmember Nesser moved,seconded by Councilmember Johnson to choose option one
regarding the Apache Junction City Code,Volume ll,Zoning Ordinance§1-16-12(D),relating to
Apache Junction Planning and Zoning Commission's approval authority for conditional use
permits be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser,
Councilmember Heck, Councilmember Johnson, Councilmember Cross and
Councilmember Soller
No: 0
Planner Nicholas Leftwich stated that on December 5, 2023, the City Council held a discussion
regarding the regulations of the Apache Junction City Code,Volume ll, Zoning Ordinance§
1-16-12 Conditional Use Permits,Administrative Use Permits and Building Permits (D), in
which the Council issued a direction to staff to look into the ordinance language and return at a
future meeting with potential text amendment options that address the Council's concerns
regarding the authority on land use decisions given to the Planning and Zoning Commission.
Planning Staff has reviewed the matter and provides the following options, and seeks further
direction to staff to initiate a Zoning Ordinance text amendment:
Option 1:A proposed amendment of Article 1-5: Zoning Bulk and Use Regulations land use
tables which currently determine which uses are permitted by right in each zoning district and
which uses require Conditional Use Permit(CUP) approval. This amendment would modify the
existing land use tables to change what kinds of uses are approvable by CUP and Planning
and Zoning Commission oversight, so that more impactful, sensitive land use changes are
subject to City Council approval.
Option 2:A proposed amendment of the Article 1-16:Administration, § 1-16-12 Conditional
Use Permits,Administrative Use Permits and Building Permits,(D)Conditional Use Permits
regulations that would require City Council approval for CUPs.
Planning staff respectfully recommends Option 1, as we believe there are uses within the
Article 1-5: Zoning Bulk and Use Regulations land use tables that do not fit the standard
criteria of conditional uses, such as multi-family residential development in commercial zoning
districts, and by modifying the table these uses can be aligned to different zoning designations
so that, for example, if a commercial property were to be considered for multi-family residential
development it would need to receive rezoning approval through the city council. This approach
also maintains the standard usage of CUPs for lesser items like minor landscaping or sign
code deviations,without requiring all CUPs to go through additional public hearings with the
City Council.
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City Council Meeting Meeting Minutes January 16,2024
Councilmembers questioned the following: if Option 1 is chosen, how do they determine what
is approved by City Council versus Planning and Zoning Commission,the number of CUPs the
City gets annually, the difference between a CUP and a development agreement and how
other cities handle CUPs.
Mr. Leftwich addressed all councilmember questions and City Attorney Joel Stern explained
the difference of a CUP and a development agreement.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Pastor Mark Farley, 22311 E. Rosa Road, Queen Creek, announced Homes from Heaven is
purchasing several acres at 2140 E. Old West Highway,to create affordable rentals for elderly
citizens and young adults ages 18-25. They will also be teaching, mentoring and training the
young adults for job success.
Donna Carr, 2178 W.Virginia Street,Apache Junction, spoke on the following items:
-The metal factory on Meridian and Baseline emits cancer causing agents and those
purchasing homes near this location need to be informed.
-Reclaimed water needs to be cleaned better, but there is no technology to do so at this time.
She encouraged council to not use reclaimed water.
-Requested no smoking at the Rodeo Grounds
George Schroeder, 2444 W. Virginia Street,Apache Junction, stated he agrees with Council's
vote regarding CUPs but he does not agree with the current building code and believes it
needs to be updated. He also commented he will continue to help out people in the community
and does not agree with the Senate representatives that the Council spoke with.
Catherine Meek, 1327 S. Belair Road,Apache Junction, shared her appreciation to the Mayor
and Council for raising awareness of human trafficking, highlighted the movie Sound of
Freedom and thanked the police for their hard work. She also announced Thursday afternoon
lectures have begun at the Superstition Mountain Museum and several other upcoming events.
Andre Meek, 1327 S. Belair Road,Apache Junction, stated his complaint with the newly paved
Tomahawk Road. He believes it was not completed very well and needs to be fixed. He also
spoke to the events upcoming at the Superstition Museum.
Council requested that Tomahawk Road be looked at. City Manager Bryant Powell stated that
Public Works Director, Ted Wolff will get back to them on this.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:37 p.m.
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City Council Meeting Meeting Minutes January 16,2024
ACCEPTED THIS ( _DAY OF r4�k��f 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF ! 024.
WALTER"CHIP"WILSdh
Mayor
ATTEST:
�R
J N FER PE
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 Yity Council of the City of Apache Junction,Arizona, held on the
day of 2024. 1 further certify that the meeting was
duly called and held and that a q orum was present.
Dated this day of fie_ A c; 12024.
J N FER PE A
City Clerk
City of Apache Junction,Arizona Page 10