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HomeMy WebLinkAbout2021 06.01 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,June 1,2021 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 21-262 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-264 Consideration of approval of minutes of the special meeting of May 17, 2021. Sponsors: Jennifer Pena Attachments: Minutes 3. 21-2 3 Consideration of approval of minutes of the regular meeting of May 18, 2021. Sponsors: Jennifer Pena Attachments: Minutes 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. Sponsors: Thomas Kelly Attachments: Memo City of Apache Junction,Arizona Page 1 Printed on 512512021 City Council Meeting Agenda June 1,2021 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 5. 21-254 Formal presentation by mayor of certificates of graduation to the graduates of the 21st Citizen Leadership Institute (CLI). Sponsors: Al Bravo F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 6. 21-261 Announcement of current events from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 7. 21-20 City Manager's Report. Sponsors. Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 512512021 City Council Meeting Agenda June 1,2021 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 II, 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. Sponsors_: Rudy Esquivias and Kelsey Schattnik Attachments: 6.1.21 CC Phi Staff Memo Resolution 21-13(DRAFT) Ordinance No. 1502 DRAFT Revised Medical Marijuana Ordinance(Version 1) 2.23.21 Revised Medical Marijuana Ordinance(Markedup Version 2) i Prop 207 Medical and Recreational PZ PH Staff Rem 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, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume II, 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 severability. Sponsors: Rudy Esquivias and Kelsey Schattnik Attachments: 6.1.21 CC PH Staff Memo Resolution 21-15(DRAFT] Ordinance No. 1504(DRAFTl Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitic Prop 207 Medical and Recreational PZ PH Staff Rem City of Apache Junction,Arizona Page 3 Printed on 512512021 City Council Meeting Agenda June 1,2021 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 11, 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: Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana"; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors: Rudy Esquivias and Kelsey Schattnik Attachments: 6.1.21 CC PH Staff Memo Ordinance No. 1502 IDRAFT Resolution 21-13 DRAFT Revised Medical Marijuana Ordinance Version 1 h_J2.23.21 Revised Medical Marijuana Ordinance Markedup Version 2 i Prop 207 Medical and Recreational PZ PH Staff Report 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 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. Sponsors: Rudy Esquivias and Kelsey Schattnik Attachments: 6.1.21 CC PH Staff Memo Ordinance No, 1504(DRAFT Resolution 21-15 DRAFT Table 5-3 Non-Residential Use Rpriulations and 1-17-1 Definitic Prop 207 Medical and Recreational PZ PH Staff Re art City of Apache Junction,Arizona Page 4 Printed on 512512021 City Council Meeting Agenda June 1,2021 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 12. 21-269 Presentation and discussion on award of bid for PR-21-01 County Basin Dog Park Construction Services to Scholz Contracting, LLC. Sponsors: Liz Langenbach Attachments: Memo PR-21-01 Award of Contract-Handouts 060121 Scholz Construction Agreement J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 13. 21-257 Presentation 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. Sponsors: Misty Moseley Attachments: Staff Report Res No 21-23 and IGA IGA with Gila County for FY21 &FY22 QQBG-RA Resolution 21-23 for IGA with Gila County for FY21 &FY22 CID 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 will be available to answer any of the council's questions. Attachments: Memo to Staff 06/01/2021 PPA 06012021 Resolution 21-25 Procedural Preannexation A reement Auctioi City of Apache Junction,Arizona Page 5 Printed on 512512021 City Council Meeting Agenda Junu1.2021 15. 21-276 Presentation and discussion nn Resolution No. 21-26a 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 ufApache Junction, the Arizona State Land Department. Arizona State Land Department representatives will be available hu answer any ofthe onunoi|'aqueetinna. Attachments: Memo to Staff 06/01/2021 PPA Retained Resolution 21-26 Procedural Preannexation Agreement(Retain K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 16. 21-225 Direction hu staff on Fiscal Year 2O21-2O22 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 tn continue the contracts to another date. Sponsors: Jennifer Pena Attachments: Memo Funding Comparison Table AJ CDC Combined Application Packet Boys&Girls Club Combined Application&Documents Salvation Army Combined Application&Documents Food Bank combined Application&Documents L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 17. 21-2959 Executive Session ui8:0OP.K4. for Monday, June 14th and Executive Session at6:00P.K4. for Tuesday, June 15ihin the city council conference room located at3O0E. Superstition Boulevard inApache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena City vr Apache Junction,Arizona Page Printed on 512512021 City Council Meeting Agenda June 1,2021 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 7 Printed on 512512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-262 Sponsor:Jennifer Pena Agenda Date:6/1/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 512512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-264 Sponsor:Jennifer Pena Agenda Date:6/1/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of May 17, 2021, City of Apache Junction,Arizona Page 1 Printed on 512512021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E Superstition Blvd Special Meeting of the Apache Apache Junction,AZ p g p 85119 Junction City Council apachejunctionaz.gov Ph:(480)982-8002 Monday,May 17,2021 7:00 PM CALL TO ORDER Mayor Wilson called the special meeting to order. ROLL CALL Present 7- Mayor Wilson Vice Mayor Rizzi Councilmember Biggs Councilmember Evans Councilmember Gremmel Councilmember Nesser Councilmember Schroeder City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Anna McCray, Assistant to City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager Kelsey Schattnik, Planner Liz Langenbach, Parks& Recreation Director Pam Harrison, Library Director Janine Solley, Economic Development Director Leslie DeReche, Finance Director Jill Bright, Deputy City Clerk(remotely) CONSENT AGENDA AGENDA ITEMS 1. 21-100 Discussion and consideration of Resolution No. 21-20, declaring as a public record and adopting certain documents filed with the city clerk entitled "City of Apache Junction Classification Plan for Fiscal Year 2021-2022", "City of Apache Junction Civilian Compensation Plan for Fiscal Year 2021-2022", and "City of Apache Junction Recruit and Sworn Compensation Plan for Fiscal Year 2021-2022", and "City of Apache Junction Flat and Hourly Salary Schedule for Fiscal Year 2021-2022"; and declaring an emergency. City of Apache Junction,Arizona Pagel Special Meeting of the Apache Meeting Minutes May 17,2021 Junction City Council Councilmember Biggs moved,seconded by Councilmember Evans that Resolution No.21-20,a resolution of the mayor and city council of the City of Apache Junction,AZ,declaring as a public record and adopting certain documents filed with the city clerk entitled: • "City of Apache Junction classification plan for fiscal year 2021-2022"; • "City of Apache Junction civilian compensation plan for fiscal year 2021-2022"; • "City of Apache Junction recruit and sworn compensation plan for fiscal year 2021-2022";and • "City of Apache Junction flat and hourly salary schedule for fiscal year 2021-2022" and declaring an emergency be approved. Yes 7- Mayor Wilson,Vice Mayor Rizzi,Council member Biggs,Council member Evans,Councilmember Gremmel,Council member Nesser and Councilmember Schroeder No 0 City Manager Bryant Powell explained that the classification plan, compensation plans and salary schedule lists every staff position in the city and the pay grade they are designated at. PUBLIC HEARING 2. 21-101 Discussion and consideration of approval of Resolution No. 21-21, adoption of tentative budget for Fiscal Year 2021-2022 and giving notice of the time and place for hearing taxpayers for adoption of final budget. This resolution adopts the tentative budget for Fiscal Year 2021-2022 and sets the date, time and location for a public hearing on final budget adoption and declares an emergency. Councilmember Evans moved,seconded by Councilmember Biggs that Resolution No.21-21,a resolution of the mayor and city council of the City of Apache Junction,AZ,for the adoption of the tentative budget for the City of Apache Junction,AZ for fiscal year 2021-2022,setting forth the tentative estimates for the monies necessary for the public expenses of the City of Apache junction,AZ for fiscal year 2021-2022 and giving notice of the time and place for hearing taxpayers for the adoption of the final budget,and declaring an emergency, be approved. Yes 7- Mayor Wilson,Vice Mayor Rizzi,Council member Biggs,Council member Evans,Councilmember Gremmel,Council member Nesser and Councilmember Schroeder No 0 City Manager Bryant Powell explained that this is the first of two public hearings to adopt Fiscal Year 2021-2022 city budget. City Manager Matt Busby presented what is included in this budget including new positions and facility improvement and maintenance projects. Mr. Busby shared general fund and HURF revenues and expenditures and possible financial threats in the future. Councilmember Biggs asked why the Police Department is our biggest expense. Mr. Busby responded that the Police Department consists of four divisions and houses the most employees. Vice Mayor Rizzi shared that we are thankful that our community supports our Police Department. She explained that we have a pretty conservative and trim budget. City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Meeting Minutes May 17,2021 Junction City Council Mayor Wilson opened the public hearing. Jeff Struble thanked the city council and staff for their work on the budget. He explained three duties that a government is responsible for and does not think it is the government's purpose to fund health and human service organizations. He read the city's vision and mission statement. It saddens him that the public does not attend the budget meetings and get more involved. Mayor Wilson closed the public hearing. Vice Mayor Rizzi commented that she sees things a little differently now and sees where Mr. Struble is coming from. OLD BUSINESS NEW BUSINESS ADJOURNMENT Mayor Wilson adjourned the meeting. ACCEPTED THIS DAY OF 12021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2021. CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-263 Sponsor:Jennifer Pena Agenda Date:6/1/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of May 18, 2021, City of Apache Junction,Arizona Page 1 Printed on 512512021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,May 18,2021 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 Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Raquel Schatz, Project Engineer Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Nesser 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. 21-235 Consideration of acceptance of agenda. 2. 21-236 Consideration of approval of minutes of the regular meeting of May 4, 2021. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes May 18.2V21 3' Certificate of Appreciation toCouncj|momber Tess Nooeor for her volunteer efforts in the Criminal Investigation Division of Public Safety. Chief Kelly presented a certificate of appreciation to Councilmember Nesser for her many years of volunteer work in the Criminal Investigation Division in the Police Department. Councilmember Nesser thanked Chief Kelly and encouraged everyone in the community to volunteer. She said that it took her five years to get all of the cases logged and complete the project. F. ANNOUNCEMENT OF CURRENT EVENTS 4, 21-238 Announcement nf current events from mayor and oounoi|mombors. Councilmember Biggs shared that he attended a meeting hosted by Congressman Gosar in regards to the potential closure of the Apache Junction Social Security[)Mioe. He is oU||working on the largest flag in Arizona project. Founders Centennial Day in going to be January 8. 2022 at Prospector Park. Councilmember Gremmel shared that Kiwanis is inviting the community to get involved. The meetings are held on the fourth Thursday of each month at the Salvation Army. Councilmember Nesser shared that the shop local program started May 1 st and goes until October 31st and cards can be picked up at the Chamber. Spring into Savings program is still occurring at the Chamber and their annual golf tournament is September 24th. Mayor Wilson shared that he also attended the meeting hosted by Congressman Gosar and he would like the council to send out another letter in opposition of the relocation of the social security office. G. CITY MANAGER'S REPORT 5~ 21-23[7 City Manager's Report. City Manager Bryant Powell shared a positive comment from a citizen who applauded the code compliance staff and the visual improvement of the city. He reminded council that tomorrow is Chief Farber's retirement party. Officer Eaton's daughter was killed in a car accident and her funeral was today and his thoughts are with him and his family. He clarified that the next step in the medical marijuana item io continued tna public hearing onJune 1nL H. PUBLIC HEARINGS 6. Consideration of application for e permanent extension of premises for Oirbwoter8prinQa located ot5M0 W. Apache Trail, Apache Junction, AZ' 85120. The next step in the pnnoeae is for the council to hold e public hearing on the application and make o recommendation of approval or denial to be forwarded bo the Arizona Department ofLiquor Lioanooa and Control. Vice Mayor Rizzi moved,seconded byCounci|membur Schroeder that the application for o permanent extension of premises for Dirtwater Springs located at 586 W.Apache Trail be recommended for approval to the Arizona Department ofLiquor Licenmeo&Control. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes May 18,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Clerk Jennifer Pena explained that Dirtwater Springs is requesting a permanent extension of premises. It is the same area that council previously approved for a temporary extension of premises and all divisions recommend approval. Mayor Wilson opened the public hearing. Mayor Wilson closed the public hearing and asked for a motion. 1. OLD BUSINESS J. NEW BUSINESS 7. 21-240 Presentation, discussion and consideration of Resolution No. 21-09, a resolution of the Mayor and City Council of the City of Apache Junction, Arizona, authorizing the City to enter into an Intergovernmental Agreement with the State of Arizona's Department of Transportation (ADOT)for the Delaware Drive Roadway Improvement Project. Councilmember Biggs moved,seconded by Vice Mayor Rizzi that Resolution No.21-09,a resolution of the mayor and city council of the City of Apache Junction,AZ authorizing the city to enter into an Intergovernmental Agreement with the State of Arizona's Department of Transportation for the Delaware Drive Roadway Improvement project be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Project Engineer Raquel Schatz presented that staff is requesting council to approve an Intergovernmental Agreement with Arizona Department of Transportation for roadway improvements on Delaware Drive from 16th Avenue to Broadway Avenue. The improvements include sidewalks, bicycle lanes, curb, gutter, center shared turn lane, street lights and storm drain. The city has been approved for federal aid funds in the amount of$3,108,422.00 which leaves the city's cost at$598,910.00 for the entire project. Design is anticipated to begin this fall with construction anticipated to start in 2024. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 8. 21-29 Executive Session at 6:00 P.M. for Tuesday, June 1st 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 Tuesday,June 1,2021 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. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes May 18.2V21 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Coumci|nmmberEvano. Coumci|mombar 8chmodor, Counoi|memborBiggn. Counoi|momborNeoner and Counci|momber Grommo| No: O M. CALL TO PUBLIC Lynn Lawson, 2605 S. Tomahawk Road, has previous experience working with the mentally ill and has learned that Apache Junction has criminalized the homeless with an anti camping ordinance even though Apache Junction has no homeless shelter. She would like council to decriminalize homelessness. Gary Smith, 800 W.Apache Trail, expressed his support for all the work that is done to take care ufthe homeless in Apache Junction. His church, Desert Chapel, io available toassist wherever they can. They feed about 100 homeless every Saturday and would be interested in doing more. Patrick Jensen, 800 W.Apache Trail, volunteers at a local church Desert Chapel to help feed the homeless on Saturdays and getting clothes for them towear. Brenda Jensen, 800 W.Apache Trail, volunteers at a local church Desert Chapel and would like the city to come up with a plan to help the homeless u |id|a more. Jeffrey Leonard, bought the Greyhound Facility for homeless veterans. City staff has done nothing but fight him on it. He cleaned the property up. He wants help from the council in getting his facility upand running. Mehmood Mohiuddin, 234 N.Apache Trail, asks council to look into the homelessness problem. George Sohroeder, 2444 W. Virginia Stnyet, says that mental illness is not right. He got the last biker gang out of the city. The city needs money and the two city managers are not helping. He doesn't know why his street isn't getting fixed. The city council is failing as a whole. Code compliance is doing nothing about people living in other people's yards. Counui|member Biggs asked Mr. Powell hu provide anupdate to council on the Greyhound Facility being considered for homeless veterans. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF . 2021. BY THE MAYOR AND CITY COUNCIL OF THE CITY DF/\P/\CHEJUNCTION, AR|Z{}NA. SIGNED AND ATTESTED TO THIS DAY 0F . 2021. CH|PVV|LS0N Mayor City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes May 18,2021 ATTEST: JENNIFER PENA 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 , 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-250 Sponsor:Thomas Kelly Agenda Date:6/1/2021 Index: In Control: City Council Meeting 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. City of Apache Junction,Arizona Page 1 Printed on 512512021 ZApache Junction Police Department I tJJl l l rth Ida cal aad,Apache J inetiar,firizcsna I 1 Tel 48t11 82;8 0-*Fax 48O/474-4480*T )4848€/542-33 3" iVlailing Address:3tIQ l ast Superstition E3c�ulelwd,Aoache.Jun ti0on,Ars'zc� a 8 119 C-9liPf V* 11--001 May 4, 2€121 To Mayor Wilson and Apache Junction City iCouncil.- Presented to you for your consideration is a contract with Core Civic, (authorized throe gh a cooperative Mesa contract) private detention center located in Florence, .Arizona. This is an optional certified detention center facility {used by the US Marshal Service of a} and other local agencies in the East Malley to house arrestes. This contract does not separate any ongoing relationships with the Pinal County sheriffs Office or the Pinal county detention Center ("P ©C") for the housing of our individuals charged with felonies or misdemeanor offenses, should we wish to utilize there. It is an available alternative which will save taxpayers a significant sung of money for jail cost. PCt C will invoke the City of Apache Junction a booking fee of: Until ,July 1, 2021: 1st day $1 3.86 Additional days thereafter $72.3 .After July 1, 2021: 1st day $285.00 Additional days thereafter $98.00 It is anticipated that this will continue to increase in the upcoming years due to escalating county costs. While it is erected Core Civic will initiate increased housing costs over the terra of the contract, Core ivic's per clean for Apache Junction will be $70.91 with a decreasing rate once the number of inmates exceed 200 per month. This matter will be presented on the consent agenda on ,June 1, 2021. sine rely, Tho as Kelly Chief of Police City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-254 Sponsor:Al Bravo Agenda Date:6/1/2021 Index: In Control: City Council Meeting Formal presentation by mayor of certificates of graduation to the graduates of the 21 st Citizen Leadership Institute (CLI). City of Apache Junction,Arizona Page 1 Printed on 512512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-261 Sponsor: Chip Wilson Agenda Date:6/1/2021 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 512512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-260 Sponsor: Bryant Powell Agenda Date:6/1/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 512512021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-271 Sponsor: Rudy Esquivias and Kelsey Schattnik Agenda Date:6/1/2021 Index: In Control: City Council Meeting 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 Il, 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. City of Apache Junction,Arizona Page 1 Printed on 512512021 City ofApache Junction .. Development Services Department Date : May 19, 2021 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject: June 1, 2021 City Council Work Session, and April 6, 2021, City Council Public Hearing Items : AM-1-20 (Resolution No. 21-13, Ordinance No. 1502, Resolution No. 21-15 and Ordinance No. 1504) Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Article 1-5 Zoning Bulk and Use Regulations, Section 1-5-3 Non- Residential Use Regulations; and Article 1-17, Section 1-17-1 Definitions . Background A planning and zoning commission public hearing was held on March 23, 2021 (planning staff report and exhibits attached) . The commission unanimously recommended approval of the text amendment dated March 17, 2021 in a vote of 7-0 . The attached ordinance represents staff' s and the commission' s recommendation. Council is advised that a vote is needed on four (4) separate items : 1 . Ordinance No. 1502 adopts the "version 2" changes to Section 1-6-12 Medical and Recreational Marijuana . These changes, which were recommended for approval by the planning and zoning commission, would allow standalone recreational marijuana establishments in the B-1, B-2, B-3 and B-4 zoning districts . Testing facilities are prohibited. 2 . Ordinance No . 1504 adopts incidental changes to the "commercial uses" and the definitions section of the zoning ordinance in order to effect the new language adopted by Ordinance No. 1502 . 3 . Resolution No. 21-13 and 21-15 declare the proposed language in the above ordinances a public record, respectively. If council denies the ordinances and resolutions recommended by P&Z, staff recommends that council make a motion to direct staff to draft a new ordinance that prohibits standalone recreational establishments, prohibits testing facilities and makes associated text amendment changes such as allowing dual licensees, prohibiting standalone recreational establishments in all zoning districts, and adding related definitions . Alternative Motion Based on the council' s conversation at the work session of May 17, 2021, to specifically prohibit standalone marijuana establishments and marijuana testing facilities, council may choose to not act on P&Z' s recommendation and direct staff to come back at their meeting of (date?) with an ordinance to prohibit said uses and make other necessary related text adjustments/changes . Attachments: - Ordinance No. 1502 (DRAFT) - Resolution No. 21-13 (DRAFT) - Ordinance No. 1504 (DRAFT) - Resolution No. 21-15 (DRAFT) - Revised Medical marijuana Ordinance (Marked-up Version 1) - Revised Medical marijuana Ordinance (Marked-up Version 2) (3.17.2021) - Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions - Prop 207 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 II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy, is filed with the city clerk and the electronic copy is accessible on the city' s website and are both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . 9-801 (1) and 9-802, such codes include medical and recreational marijuana zoning regulations; and WHEREAS, a work session on February 23, 2021 and public hearing on March 23, 2021 were held with the planning and zoning commission to discuss the proposed amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL 1 . That certain document entitled the "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12 Medical and Recreational RESOLUTION NO. 21-13 PAGE 1 OF 3 Marijuana", at least three paper copies, or one paper copy and one electronic copy, of which are accessible on the city' s website (www.apa.ch.ejunct-i-onaz .gov) and filed in the office of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, and shall be made available for public use and inspection, and said copies are ordered to be remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF f 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-13 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-13 PAGE 3 OF 3 ORDINANCE NO. 1502 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, BY REPEALING, REPLACING AND RETITLING IN ITS ENTIRETY § 1-6-12, MEDICAL MARIJUANA; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, § 1-6-12, MEDICAL AND RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, on December 4, 2020, the city council gave direction to staff to process the necessary amendments to the zoning ordinance, through the planning and zoning commission, to accommodate recreational marijuana uses in the city, pursuant to the approval of Proposition 207, the Smart and Safe Act, by the voters of Arizona in the November 2020 general election; and WHEREAS, on February 23, 2021, the planning and zoning commission held a work session to review and discuss the proposed amendments; and WHEREAS, on March 23, 2021, the planning and zoning commission voted 7 to 0 to recommend such amendments to the city council; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy of the code or public record, are filed and made available for public inspection in the office of the city clerk and the electronic copy is accessible on the city' s website and made available for public inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to medical and recreational marijuana zoning regulations; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by adopting by reference a revised version of the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana. ORDINANCE NO. 1502 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : -Supplemental Regulations, § 1-6-12, Medical Marijuana is hereby repealed in its entirety and replaced with new provisions referenced below. 2 . That certain document known as the "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 21-13 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class I misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. ORDINANCE NO. 1502 2 OF 3 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1502 3 OF 3 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1) February 23, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana ' -,;' ' dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments.The requirements of this section, for the establishment of a nonprofit medical and/or recreational marijuana use, may also be accomplished through a planned development("PD") rezoning process or PD major amendment process. B. Number of Medical Mariivana Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act,for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical and/or recreational marijuana establishments di&pe,n-,a4es shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to a CUP or PD rezoning process. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3) An existing medical marijuana establishment fac4mty that has received a CUP _ & a4 u- _ e+rr ' approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4) An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared'location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment License or non-profit medical marijuana dispensary registration. 1 5) The operation of a recreational marijuana testing facility is prohibited. 6) The commercial cultivation and processing of recreational marijuana as'a standalone use is prohibited. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments shall be located in a fully enclosed locked facility, -to include only a permanent&ef,+,-e building (walls and'a roof)and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities, and recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion, or recreational marijuana. 2. A copy of the preliminary approval from the ADHS S ep rtme f- such as a registration certificate,for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all R pry'. �marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval.The conditions of approval which maybe considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another medical marijuana dispensary, cultivation facility or infusion facility, or recreational marijuana establishment as measured from nearest building wall to nearest building wall. 2 b. A minimum of 750 feet between a medical marijuana dispensary, cultivation facility, -infusion facility, or recreational marijuana establishment and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,ef drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or infusion facilities, or recreational medical establishment shall not be allowed. c. A medical marijuana facility or recreational marijuana establishment shall submit a security plan containing the following information: i. Proof that any cultivation and storage of ff*4,_--a4 marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system,video surveillance devices and a single secure entrance. iii. .. -a at fot—e -i s;` , Explanation, narrative, or protocols against l marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment, dispensary, off-site cultivation site or infusion facility. d. On-site consumption of 4edk- marijuana and/or marijuana products at a marijuana establishment, dispensary, cultivation facility or infusion facility shall not be allowed. " x°rc aro-si�Ir o^nma r^cw^x I' r•6e-w,u� �°x rx if "" ., .. T'�i'We. !"w Y"Fl Yv9'roFT ,ei""S Y5&—Fib "hY"%.—A,d4. sYYtY FYh. i""F'h4ASA""&P''"B`ddMA 3 wi f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. d. Allowing and accommodating unannounced'inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable,transparent and safe operation of the facility. 4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver(including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days 6. Recreational Marijuana Home Cultivation. a. It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess,transport, cultivate or process more than six(6) marijuana plants. b. It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess,transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c.` Except as provided by A.R.S§ 36-2801 et aL and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol,that has a flashpoint below one hundred (100);degrees Fahrenheit. e.` Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f. A residence shall not emit dust, fumes,vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g. Cultivation shall be limited to a closet, room,greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h. Cultivation'shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. 5 i. Cultivation as part of a home based occupation is not allowed'. 6 "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana" 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1 . Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities . The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process . 2 . Number of Facilities Allowed in City. The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA") . (See A.R. S . Title 36, Chapter 28 . 1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana. ) 3 . Allowed Zoning Districts . a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city' s B-1, B-2, B-4 and B-5 zoning districts . b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city' s B-5 zoning district . c) An existing medical marijuana facility that has received CUP u € approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as 1 may otherwise be approved by a CUP amendment or renewal . 4 . An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city` s business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana` dispensary registration. 5 . Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in af--� fully enclosed locked facility, to include only a permanent s building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle . If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6 . Applications . A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical 2 marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document . c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1- 16-9, and narrative explaining the operation of the facility and hours of operation. 7 . Conditions of Approval . The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements : i . A minimum of 1, 320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall . ii . A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution ;(inclusive of public or private charter schools);, library, public park, commercial-zoned day care facility, free- standing church, drug and/or alcohol rehabilitation center, or; group home, as measured from nearest building wall of the business to the nearest building wall of the protected use . 8 . Operating Requirements : a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute . 3 b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i . Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and= not a manufactured or factory built building or cargo container) " equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii . A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance . Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off- site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. n _ ry �}- 11fi-��-. _. �-��-�:-�-�.a--�;-�.�-=�-=�a-g-� � _-��- �r�r� ra ���-��-� -=���= :atet-:s- .....o-f 1 - ---"c+R-j-i -e-r —.L-t h__..a. r - -h-i-r-- .1- 4 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage . 9 . Other Conditions . The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements . b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process . d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe ioperation of the facility. 10 . Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner' s permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of 5 precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient' s home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations . Any change in residence location shall be reported to the chief of police within 30 days . 11 . Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle) , with homeowner' s permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients . At such time as a dispensary is located within 25 miles from the qualified patient on patients home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations . Any change in residence location shall be reported to the chief of police within 30 days . B. Recreational Marijuana 1 . All provisions in this section are pursuant ,to A.R. S . Title 36, Chapter 28 . 2 Responsible Adult Use of Marijuana.i 2 . Permit Required. A CUP shall be required for the establishment of recreational marijuana establishments . The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process .' 6 3 . Allowed Zoning; Districts . Location of marijuana establishments shall be allowed in the city' s B-1, B 2 B-3 and B-4 zoning districts, 4 . Facility Security. ; Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a' cargo container, RV, trailer, or motor vehicle . 5 . Applications . A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and` consent fon the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS") , such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall' register with the Apache Junction Police Department upon final approval to operate from ADHS,` as well as a copy of said final approval document . c) Application and all applicable fees paid as required by Apache Junction City Code, ;Volume I Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor'; plan for the facility prepared in accordance with Section 1 16-9, and narrative explaining the operation of the facility and hours of operation. 6 . Conditions of Approval . The conditions of approval which may be considered by ,the planning and zoning 7 commission in evaluating these requests include the following a) Required Spacing Requirements : i . 'A minimum of 1, 320 feet between another medical marijuana use (inclusive of dual' licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall . ii'. A minimum of 750 feet between another medical marijuana use (inclusive of duali licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools) , library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building walk of the business to the nearest building wall of the protected use . 7 . Operating Requirements : a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute : b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security ;plan' containing the following information: i . Proof that any cultivation and storage; of marijuana will take place in an "enclosed, locked facility (with walls and a `roof and not a manufactured or factory built building or cargo container) " equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 8 ii . A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance . ii . Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment.' d) On-site consumption of marijuana establishment shall not be allowed.' e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage 8 . Other Conditions . The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning,; landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements . b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood' or community. c) Hours of 'operation will be addressed through the CUP process . 9 d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, ; alarm permit and other items for the reasonable, transparent and safe 'operation of the facility'. 9 . The operation of airecreational marijuana testing facility is prohibited. 1O . The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11 . Home Cultivation a) It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants b) It shall be unlawful for two or more individuals' who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence`. c) Except as provided by A.R. S §36-2801 et al . and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in ai residential zoning district within Apache Junction d) Individuals shall not process or manufacture' marijuana by means of any liquid or gas i other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.4 f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air ' filtration,; 10 building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction.' g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with la lock or other security device that prevents access by minors . h) Cultivation shall take place in an area where the marijuana; plants are not visible from public view without using binoculars, aircraft, or other optical aids . i) Cultivation as part of a Nome based occupation is not allowed. 11 1CIACIAL TITLE AN INITIATIVE MEASURE AMENDING SECTION 36-2817,ARIZONA REVISED STAT ESl AMENDING TITLE 36,ARIZONA REVISED STATUTES, BY ADDING CHAPTER 2 .2;AMENDING TITLE 42,CHAPTER 5,ARIZONA REVISED STATUTES,BY ADDING ARTICLE 10 G TITLE 43,CHAPTER 1,ARTICLE 1,ARIZONA REVISED STATUTES,BY ADDING SECTION 43-105; RELATING TO THE RESPONSI13LE ADULT USE,REGULATION AND TAXATION OF MARIJUANA. TEXT OF PROPOSED AMENDMENT e it enacted by the People of the State of Arizona: „v Section 1.Short title tS:E P 2 6 200 This act may be cited as the"Smart and Safe Arizona Act". Section 2.Findings and declaration of purpose ARIZONA SECRETARY OF STATE The People of the State of Arizona find and declare as follows: 1. In the interest of the efficient use of law enforcement resources,enhancing revenue for public purposes,and individual freedom,the responsible adult use of marijuana should be legal for persons twenty-one years of age or older,subject to state regulation,taxation,and local ordinance. 2. In the interest of the health and public safety of our citizenry,the legal adult use of marijuana should be regulated so that: (a) Legitimate„taxpaying business people,and not criminal actors,conduct sales of marijuana. (b) Marijuana sold in this state is tested,labeled and subject to additional regulations to ensure that consumers are informed and protected, (c) Employers retain their rights to maintain drug-and-alcohol-free places ofemployment. (d) The health and safety of employees in the marijuana industry are protected, (e) Individuals must show proof of age before purchasing marijuana. (f) Selling,transferring,or providing marijuana to minors and other individuals under the age of twenty-one remains illegal. (g) Driving,flying or boating while impaired to the slightest degree by marijuana remains illegal. Section 3.Section 36- 817,Arizona Revised Statutes,is amended to read: 36-2817.Medical marijuana fund:tarivate donations A. The medical marijuana fund is established consisting of fees collected,civil penalties unposed and private donations received under this chapter. The department shall administer the fund. Phonies in the fund are continuously appropriated. B. The director of the department may accept and spend private grants,gifts,donations,contributions and devises to assist in carrying out the provisions of this chapter. C. Monies in the medical marijuana fund do not revert to the state general fund at the end of fiscal year. D. ON THE EFFECTIVE DATE OF TIHS AMENDMENT TO TIES SECTION,THE DIRECTOR OF THE DEPARTMENT SHALL TRANSFER THE FOLLOWING SUMS FROM THE MEDICAL MARIJUANA FUND FOR THE FOLLOWING PURPOSES: I, $15 000,000'TO THE ARIZONA TEACHERS ACADEMY FUND ESTABLISHED BY SECTION 15-1655. 2. $10,000,000 TO THE,DEPARTMENT TO FUND THE FORMATION A OPERATION OF COUNCILS, COMMISSIONS A PROS DEDICATED TO ROVING PUBLIC HEALTH, INCLUDING TEEN SUICIDE PREVENTION,THE MATERNAL MORTALITY REVIEW PROGRAM,U91PROVING YOUTH HEALTH,SUBSTANCE ABUSE PREVENTION,ADDRESSING ADVERSE CHILDHOOD EXPERIENCES, A tONA POISON CONTROL SYSTEM ESTABLISHED ,D PURSUANT TO SECTION 36-1161 THE ARIZONA HEALTH IMPROVEMENT PLAN,THE CHILD FATALITY REVIEW TEAM ESTABLISHED PURSUANT TO SECTION 36-3501 AND THE CHRONIC PAIN SELF MANAGEMENT PROGRAM. 3. $10,000,000 TO THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY TO DISTRIBUTE GRANTS FOR THE FOLLOWING PURPOSES: (a) REDUCING IMPAIRED DRIVING,INCLUDING CONDUCTING TRAINING PROGRAMS AND PURCHASING EQUIPMENT FOR DETECTING,TESTING AND ENFORCING LAWS AGAINST DRIVING,FLYING OR BOATING WHILE IMPAIRED. (b) EQUIPMENT,TRAINING AND PERSONNEL COSTS FOR DEDICATED TRAFFIC ENFORCEMENT, iL $2, 00,000 TO THE DEPARTMENT TO IMPLEMENT,CARRY OUT AND ENFORCE CHAPTER 25;2 OF THIS TIT Page I of 17