HomeMy WebLinkAbout2024-08-20 City Council Regular Minutes P .. City of Apache Junction, Arizona Meeting location:
p; City Council Chambers
at City Hall
Meeting Minutes 300 E.Superstition Blvd
4Rt2�P1* 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,August 20,2024 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 Soller gave the invocation and Councilmember Heck 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
Johnny John, Assistant Chief of Police
Rudy Esquivias, Development Services Director
Ted Wolff, Public Works Director
Liz Langenbach, Parks& Recreation Director
Evie McKinney, Deputy City Clerk
Kayla Fulmer, Marketing and Communications Director
Rob Wisler, Management Analyst
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 August 20,2024
1. 24-562 Consideration of acceptance of agenda.
2. 24-563 Consideration of approval of minutes of the regular meeting of August 6,
2024.
3. 24-568 Consideration of approval of contracts for towing service providers
related to PD 2024-003. This item was presented and discussed at the
August 5, 2024 work session.
4. 24-602 Consideration of approval of Resolution No. 24-28 approving the
submittal of application from City of Apache Junction to the Gila River
Indian Community State Shared revenue Program for Proposition 202
Funds for Fiscal Year 2024-2025 in the amount of$30,000 for senior
transportation. This item was presented at the August 5, 2024, City
Council Work Session.
5. 24-604 Consideration of award of contract to Dig Studio for Prospector Park
Pickleball Court Expansion in an amount not to exceed $138,624.15
which includes a 5% contingency.
6. 24-614 Consideration of approval of procurement of city fleet vehicles and
equipment for FY25 making the purchase through Arizona State
Cooperative Contract#CTR069472 with Freightliner, Arizona State
Cooperative Contract#CTR059323 with San Tan Ford, and City of
Phoenix Cooperative Contract CON159257-0 for lighting and equipment
for a total not to exceed $2,226,502.
7. 24-628 Consideration of approval, retroactively, of an agreement for bulk fuel
between the City of Apache Junction and Senergy Petroleum, LLC, for
the term of August 2, 2024, through June 30, 2025, in an amount not to
exceed $840,000, utilizing the State Cooperative Contract No.
CTR063147.
8. 24-678 Consideration of approval of a Replat of Blossom Rock Phase 1 to
adjust the shared boundary between Parcels 8 and 9 zoned Master
Planned Community (MPC).
9. 24-679 Consideration of approval of a Replat of Blossom Rock Phase 2 to
divide Tract G into two parcels zoned Master Planned Community
(MPC).
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
F. REGIONAL INTERGOVERNMENTAL UPDATES
City of Apache Junction,Arizona page 2
City Council Meeting Meeting Minutes August 20,2024
10. 24-564 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Soller attended a meeting at The Morrison Institute. Topics of discussion
included reclaimed water and low income housing. The Institute is working on an education
program for public knowledge on the process and safety of reclaimed water, as well as
programs being designed and offered for low income housing.
Mayor Wilson attended the ribbon cutting for Painted Sky Park at Blossom Rock on September
19, 2024. He commented on the beautification this park and others in the new development area
have brought forth, and the many additional amenities being offered in them. Councilmember
Nesser inquired on the fishing requirements for the new park in Blossom Rock. Parks and
Recreation Director Liz Langenbach addressed this inquiry, and shared the requirements that
will be enforced at the various lakes in parks to be developed in the future.
Mayor Wilson was also in attendance at the East Valley Mayor's Breakfast with the East Valley
Chamber of Commerce. This was an opportunity for the east valley cities to collaborate on
recent house bills initiated by the Legislature, that could have had negative impacts on the cities.
Some of the topics covered were new zoning requirements and height restrictions.
He also shared that the Phoenix Mesa Gateway Airport Authority met today, and again is
exceeding their passenger services in record numbers.
G. CITY MANAGER'S REPORT
11. 24-565 City Manager's Report.
City Manager Bryant Powell shared his appreciation and commendations to the Parks and
Recreation department for a job well done at the Open House event for Painted Sky Park at
Blossom Rock.
He updated that the Apache Junction Summer Reading Program had a 48% increase in
participation.This program increases the awareness of the power of learning through reading
and is so important for our youth to participate in.
He also reminded that the City is currently recruiting for Boards and Commission members for
various boards.
12. 24-566 Announcement of Current Events.
Management Analyst Eli Richardson shared details on an upcoming event called "Boba With
Badges", Wednesday,August 28, 2024, 4:00 p.m. - 5:00 p.m. at 183 W. Apache Trail, #107,
Apache Junction,AZ. This is part of a series of events the Apache Junction Police Department
is doing to engage the community and allow residents to interact with the Police Officers in a
more relaxed setting.
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes August 20,2024
H. PUBLIC HEARINGS
13. 24-623 Consideration of application for a new Series 6 Bar Liquor License for
Captain's located at 300 W Apache Trail Suite 118, 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 Soller moved,seconded by Councilmember Nesser that the application for a
Series 6 Bar Liquor License submitted by Cynthia Pierson with Captain's be recommended for
approval to the Arizona Department of Liquor Licenses and Control.
Yes: 5- Mayor Wilson, Councilmember ,Nesser, Councilmember Heck, Councilmember
Cross and Councilmember Soller
No: 2- Vice Mayor Schroeder and Councilmember Johnson
City Clerk Jennifer Pena explained a recent media post regarding the closure of Captain's due to
the lease not being renewed.Staff has had numerous discussions with the applicant as well as
the Arizona Department of Liquor License and Control, (AZ DLLC).The goal of this outreach
was to prevent any undue financial hardship to the applicant. She further explained that AZ
DLLC recommends approval of this application at this time, as pulling the application would
result in further expenses for the applicant. Ms. Pena stated 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.
Council concerns at this point included the license being issued to the applicant-vs-an
address, and the time frame allowed from the approval to the applicant finding a new location.
Ms. Pena addressed these Council concerns.
The applicant, Cindy Pierson, addressed Council and stated she has 1 year to find a new
location, and fully intends to stay in Apache Junction. She explained the situation of the
non-renewed lease, and what her plan is going forward after August 31, 2024, if Council should
move forward with their recommendation of this application.
Mayor Wilson opened the public hearing.
Heidi Erickson,Apache Junction resident, encouraged Council to approve this application, as
this is a very well liked and attended establishment by the residents of Apache Junction. This
business does many fund raising drives for the community, and she hopes a new location is
found for Captain's to continue operating.
Chandra Robinson,Apache Junction resident, shared further details of the implied lease, and
that this liquor license needs to be approved before a new location can be found.
East Valley Shopping Center Operations Manager Damon explained the history of the lease and
stated there was never an implied agreement for this location.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes August 20,2024
Mehmood Mohiuddin, 2341 N Apache Trail,Apache Junction, expressed his hope that this
establishment can remain open.
Council concerns included who is the true owner of this establishment, Power of Attorney
interests, if a purchase agreement has been written, and business continuance without an
actual business address. These concerns were addressed by the applicant.
Mayor Wilson closed the public hearing.
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
14. 24-688 Presentation and council direction to staff on amending the Apache
Junction City Code ("AJCC"), Volume 1, Chapter 9 Health and
Sanitation, Article 9-1 Property Maintenance Standards, Section 9-1-4
Enforcement and Abatement; and the AJCC, Volume 2, Land
Development Code, Chapter 1 Zoning Ordinance, Article 1-16
Administration, Section 1-16-16 Violations, Penalties and Enforcement;
pertaining to fees charged for violations.
Councilmember Soiled moved,seconded by Councilmember Nesser that direction to staff be
given to draft text amendments to the Apache Junction City Code Vol 1,Chapter 9: Health and
Sanitation,Subsection 9-1-4:Enforcement and Abatement AND Apache Junction City Code Volume
2, Land Development Code,Chapter 1:Zoning Ordinance,Subsection 1-16-16:Violations,
Penalties and Enforcement pertaining to fees charged for violations.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Development Services Director Rudy Esquivias refreshed on a presentation shared at a
previous meeting, regarding the disparity of fees for property maintenance and zoning ordinance
violations.The penalty amount in zoning differs from the property maintenance. Staff is
requesting direction to adjust the fees to be more in comparison.
Council comments included the need of establishing a level of expectation that if a violation
occurs the financial burden will be enforced, and these fees need to be equal.
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes August 20,2024
15. 24-689 Presentation and council direction to staff on amending the Apache
Junction City Code, Volume 1, Chapter 2, Mayor, Council and Appointed
Boards and Commissions, Article 2-21: Board of Adjustment and
Appeals/Municipal Property Corporation/Public Safety Personnel
Retirement Board, by Repealing and Replacing in its entirety Section
2-21-3, Public Safety Personnel Retirement Board.
Councilmember Cross moved,seconded by Councilmember Soller that direction to staff be given
to review and consider updates to the Apache Junction City Code,Volume 1,Subsection 2-21-3:
Public Safety Personnel Retirement Board related to vacancies on the board.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Clerk Jennifer Pena presented a brief explanation of staff requesting to amend City Code
relating to the Public Safety Retirement Board.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Andre Meek, 1327 S. Belair Rd, Apache Junction, commented on the process and purity of
reclaimed water, and the cost of non-potable water in Apache Junction.
Donna Carr, 2178 W. Virginia St, Apache Junction, shared concerns regarding reclaimed water,
and height restrictions on new buildings.
Councilmember Soller encouraged that extensive study and research is going into the
processes of reclaimed water.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 7:47 p.m.
ACCEPTED THIS J DAY OF 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
n
SIGNED AND ATTESTED TO THIS 3 DAY OF 2024.
0f
WALTER"CHIP"WILSON
Mayor
ATf E T:
JtNWER PENAI
City Clerk
City of Apache Junction,Arizona Page 6