HomeMy WebLinkAbout2023-01-17 City Council Regular Minutes Pq Gyg Meeting location:
City of Apache Junction, Arizona
ti City Council Chambers
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Meeting Minutes at City Hall
300 E.Superstition Blvd
City Council Meeting Apache8 un511 ction,AZ
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,January 17,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:03 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Heck gave the invocation and Councilmember Soller 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
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Michael Pooley, Police Chief
Leslie DeReche, Finance Director
Al Bravo, Public Information Officer
Rudy Esquivias, Development Services Director
Liz Langenbach, Parks&Recreation Director
Ted Wolff, Public Works Director
Raquel Schatz, Public Work Project Engineer
Jennifer Hoffman, Management Analyst
Evie McKinney, Deputy City Clerk
D. CONSENT AGENDA
Vice Mayor Schroeder moved,seconded by Councilmember Heck 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 17,2023
1. 22-805 Consideration of acceptance of agenda.
2. 23-016 Consideration of approval of minutes of the regular meeting of January 3,
2023.
3. 22-806 As required by Apache Junction City Code, Volume I, Chapter 3:
Administration, Article 3-9: Department of Development Services, §§
3-9-1 (C), the city manager is seeking ratification of Ted Wolff for
appointment to the position of Public Works Director.
4. 23-006 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.3
Final Plat- SV-22-28.
5. 23-007 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.4
Final Plat-SV-22-30.
6. 23-008 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel 19.6
and 19.7 Final Plat-SV-22-34-SD.
7. 23-009 Consideration of approval of Superstition Vistas, Phase 1 B, Parcel
19.10 and 19.11 Final Plat-SV-22-33-SD.
8. 23-010 Consideration of approval of Superstition Vistas, Phase 1 B, Map of
Dedication - SV-22-42.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Mayor Wilson recognized the attendance at tonight's meeting of two local boy scouts who are
working on their citizenship and community awards, representing the Mesa Lost Dutchman
Troop#380.
F. REGIONAL INTERGOVERNMENTAL UPDATES
9. 23-013 Brief summary of intergovernmental updates from mayor and
councilmembers.
Mayor Wilson, Councilmember Heck and Councilmember Cross attended a"Lunch and Learn",
hosted by East Valley Institute of Technology, (EVIT). Comments from their attendance
included EVIT offers 42 programs for high school students, 18 for adults. These are alternative
programs that can assist in obtaining an Associates Degree. There is an EVIT branch located at
the Apache Junction High School. Financing has been secured to build a 64 bed housing facility
at the Mesa campus for kids that"age out"of the state's foster care system. There will be a 2
year stay limit, and will allow these individuals to be housed in a safe environment while
obtaining further education and life skills.
Mayor Wilson and Assistant City Manager Matt Busby attended the Governor's State of the State
Breakfast.
Mayor Wilson attended meetings addressing state legislative sessions, which included a bill
regarding the funding of the Right of Way for the continuation of development for State Route 24,
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City Council Meeting Meeting Minutes January 17,2023
as well as others bills that would affect the City's Police, Parks and Recreation and Library
programs. This bill is proposed to eliminate sales tax on food and rentals,which could impact
the general fund by over 20%. He will be receiving more information on this, and is working on
an educational packet to be offered to the public.
G. CITY MANAGER'S REPORT
10. 23-011 City Manager's Report.
City Manager Bryant Powell informed Council the Library was recently awarded a grant from the
Glenn Perkins Educational Foundation in the amount of$25,000. These funds will be applied to
the purchase of 20 new computers for public use, replacing existing units that are at the end of
life.
11. 22-808 Introduction of new Public Works Director, Ted Wolff.
City Manager Bryant Powell thanked the Mayor and Councilmembers for their approval on the
ratification of Ted Wolff for the appointment to the position of Public Works Director. He then
introduced Mr.Wolff and requested he come forward and share information about himself.
Mr. Wolf shared history of his previous employment and residential locations. He mentioned his
first hand experiences regarding natural disasters and emergency management while serving at
Coconino County Public Works. He retired from Maricopa County Department Of
Transportation in 2019. He is excited about being here with the City of Apache Junction.
12. 23-023 Presentation by Kevin Camberg of Fester& Chapman on the city's
annual financial audit.
City Manager Bryant Powell announced Kevin Camberg was unable to attend, due to illness. He
has rescheduled to present an update on the City's annual financial audit at the next council
meeting.
13. 23-012 Report of Current Events.
Public Information Officer Al Bravo shared the following updates and current events:
• Further information can be found on Ted Wolff, Public Works Director, on the city's
website home page at www.apache4unctionaz.gov
• State of the City Address-February 1, 2023 Networking and refreshments at 6:00 p.m.
and the program to begin at 6:30 p.m., Apache Junction Performing Arts Center, 2525
S. Ironwood Drive,Apache Junction,AZ
• Citizens Leadership Institute has started.The current class had 23 attendees. This is a
course to learn about municipalities and how they work, but more specifically how the
City of Apache Junction government works.
• The City is now offering a weekly newsletter that is available every Thursday. For
council meeting weeks this will be a recap of the meeting, and the other weeks it will be
focused on what is going on around the city. Sign up for this at
apachejunctionaz.gov/newsletter.
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City Council Meeting Meeting Minutes January 17,2023
H. PUBLIC HEARINGS
14. 22-812 Presentation, discussion, public hearing, and consideration on case
P-22-93-PZ, a request by The Lost Dutchman Aerie No. 3850, a
proposed rezoning of four parcels located at the northeast corner of
Southern Avenue and Coconino Drive from General Commercial (B-1)
and Industrial by Planned Development (B-5/PD)to General Commercial
by Planned Development (B-1/PD) and a Minor General Plan
Amendment from Industrial to Commercial to facilitate a future lot
combination.
Councilmember Nesser moved,seconded by Councilmember Johnson that rezoning case
P-22-93-PZ be continued to the February 7,2023 council meeting.
Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson and Councilmember Soller
No: 0
Recused: 1 - Councilmember Cross
Development Services Director Rudy Esquivias announced this item, as it appears on the
agenda, has an omission which is the Ordinance that pertains to this case.This was duly
advertised and posted. He suggested staff continue with the presentation for tonight.
Discussion between Mayor Wilson and City Attorney Joel Stern concluded with the presentation
be given tonight, and the motion be continued to the February 7, 2023 council meeting.
Erika Hernandez,Associate Planner, provided the city council with the following update:
Background
The properties being considered in this rezoning are located on the northeast corner of
Southern Avenue and Coconino Drive.The parcels are identified as Pinal County Tax Parcel
Nos. 102-22-3846, 102-22-387A, 102-22-3890 and 102-22-390A and are proposed to change
from General Commercial ("B-1") and Industrial by Planned Development("13-5/PD")to General
Commercial by Planned Development("B-1/PD")to facilitate a lot combination.
Planninq and Zoning Commission Recommendation
The Planning and Zoning Commission public hearing was held on December 13, 2022.The
Commission unanimously recommended approval of the proposed rezoning. The attached
ordinance represents Staffs and the Commission's recommendation.
Mayor Wilson inquired if the applicant would like to offer any comments.
Mike Reed, Trustee for the Lost Dutchman Area 3850 of Apache Junction, Fraternal Order of
Eagles State Officer, explained the need for this request.
Mayor Wilson opened the Public Hearing, receiving no comments related to the agenda item,
Mayor Wilson closed the Public Hearing.
Motion, vote and roll call were taken.
Councilmember Cross was called to return to the meeting.
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City Council Meeting Meeting Minutes January 17,2023
I. OLD BUSINESS
J. NEW BUSINESS
15. 22-794 Presentation, discussion, and consideration to enter into a maintenance
agreement for public spaces with Brookfield ASLD 8500 LLC and
Blossom Rock Community Alliance, Inc.
Vice Mayor Schroeder moved,seconded by Councilmember Nesser that the maintenance
agreement for public spaces with Brookfield ASLD 8500 LLC and Blossom Rock Community
Alliance,Inc.be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Liz Langenbach, Parks and Recreation Director provided an in-depth summary of the purpose
of entering into this agreement, along with an overview of the location this agreement would
include.
The development is governed, in part, by the Development Agreement("DA")for Superstition
Vistas between the City and D.R. Horton, Inc., a Delaware corporation, dated October 28, 2021.
The DA requires that, at the Development Unit Plan stage of the planning process, the City will
enter into one or more maintenance agreements to identify the respective rights and obligations
for the installation, maintenance, repair and replacement of the public streets, public parks and
open space, and specialty features within the development. This maintenance agreement is
between the City, Brookfield, and Blossom Rock Community Alliance ("Community Alliance"),
which is the entity created to provide Development-wide private governance.
Among other things, the agreement outlines that Brookfield and Community Alliance will be
responsible for installation and maintenance in all of the private spaces; landscaping and
sidewalks in Public Utility and Facilities Easements: landscaping in arterial medians, and all
public parks or open space conveyed to the City for public use.The City will reimburse
Community Alliance for the maintenance of the public parks. This agreement will be amended
as future areas are developed.
She explained park features and amenities to be included, and made mention these public
areas will be available for all Apache Junction residents.
Council concerns included comparing the cost with other models,who is responsible for
building these parks and paying for them,who will be allowed to use these parks,will events be
held at these spaces, and will current fees and rules apply.
Ms. Langenbach responded this agreement has been modeled after an agreement the City of
Mesa has with Community Alliance, and offered assurance much time and research has gone
into this comparison. The developer will be paying the costs. These areas will allow for
continued and enhanced programs to be offered such as lake activities and fishing, as well as
more sports courts and fields.The same fees and rules will be enforced, as well as some
additional rules due to these added activities.
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City Council Meeting Meeting Minutes January 17,2023
16. 23-020 Presentation, discussion, and consideration of approval for a
Construction Agreement with Visus Engineering Construction Inc. for the
Haven Hollow Roadway Improvement Project#PWC2013-10, in an
amount not to exceed $874,500.00, for roadway reconstruction, curb,
gutter, and sidewalk installations.
Councilmember Cross moved,seconded by Councilmember Nesser that the Construction
Agreement with Visus Engineering Construction Inc.for the Haven Hollow Roadway Improvement
Project#PWC2013-10,in an amount not to exceed$874,500.00 for roadway reconstruction,curb,
gutter,and sidewalk installation be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Raquel Schatz, Public Works Project Engineer presented to council the historical background
and bidding process for this project.
The City initiated design of Pueblo Del Sol and Haven Hollow Subdivision in 2013 with use of
Community Development Block Grant("CDBG") Regional Funds.The city constructed its first
phase in 2015 and used the same plans with aid of federal funds to construct Delaware Drive in
2018. After the construction of the first phase this area was deemed ineligible to receive any
more CDBG funds.
The City recently pursued bids for the construction of Virginia Street from Delaware Drive to
Pinyon Drive, Scenic Street from Delaware Drive to Pinyon Drive, and Pinyon Drive from Scenic
Street to Virginia Street, also known as the Haven Hollow Roadway Improvement Project. Staff
reviewed the submittals and found the lowest bidder to be Visus Engineering Construction, Inc.
Visus submitted all required documentation, and met all of the city's requirements.
HURF has committed to funding this project,which includes the base bid ($795,000.00) and
contingency of 10% ($79,500.00)for a total amount, not to exceed$874,500.00. Contingency
monies will be used for any unforeseen circumstances that are detected in the field/under
construction.
Construction will begin in February 2023, and is anticipated to be completed by May 15, 2023.
17. 23-021 Presentation and discussion of Resolution 22-25, a Federal Patent
Easement(FPE) Extinguishment of Wagon Wheel Road (alignment)
from Cactus Wren Street to Scenic Street for the purpose of future
development with the acknowledgement that the current setbacks will
remain in place until the Utility Easements are extinguished.
Raquel Schatz, Public Works Project Engineer informed council on the process of a Federal
Patent Easement. Her presentation included past activity, existing conditions and the purpose of
this request.
BACKGROUND
Federal Patented Easements(FPE's)were created by federal law and inherited by the city from
Pinal County upon city formation and subsequent annexations.They are the means whereby
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City Council Meeting Meeting Minutes January 17,2023
properties are accessed by citizens in portions of Apache Junction to mitigate the need of
acquisition to serve access to otherwise landlocked parcels. FPE's are typically a total of 66
feet in width,with 33 feet on each side of common parcel lines.
EXISTING CONDITIONS
The Wagon Wheel Road (alignment) FPE from Cactus Wren Street to Scenic Street has never
been maintained by the city and is not classified as a local roadway. In addition,the FPE does
not provide access to any parcels which would be landlocked in the event of extinguishment.
Area transportation would not be adversely affected by an extinguishment.
PURPOSE
Owners of the underlying property filed an application for the extinguishment on May 1, 2022.
There is currently a block wall that surrounds their property that they wish to keep permanently,
with a design of future development on private property. The extinguishment would provide a
reduction of setbacks once all the utility easements have been extinguished.
This item will return to the consent agenda for the meeting held on February 7, 2023.
K. COUNCIL DIRECTION TO STAFF
18. 22-813 Direction to staff regarding details of an upcoming city council retreat, to
include date, time, and location.
Councilmember Heck moved,seconded by Councilmember Nesser that the Council Retreat be
held on April 14,2023 from 9:00 a.m to 5:00 p.m..at the Central Arizona Campus in Apache
Junction.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Manager Bryant Powell introduced Management Analyst Jenny Hoffman,who will be
assisting in the coordination of the Retreat. He explained the purpose of this Retreat is an
opportunity for council to discuss and affirm their core values, consider the City's vision and set
priorities for the future, and to review the revenues to expenditures as well as major policies. He
also reminded that the 0.2 %tax for Public Safety Personnel Retirement System (PSPRS)and
street/road projects and improvements is due to sunset soon.
This is a full day and is typically held on a Friday. Breakfast and lunch will be provided. The
agenda for the Retreat will be similar to a council work session. It is desired to have Evelyn
Casuga return as the Host of the event.
Mr. Powell inquired if council was interested in something of this nature,which council members
voiced they were, especially with two(2) new members seated this year.A choice of dates was
given for April 7,April 14 or April 28, 2023.
City Clerk requested council's decision include the date, time and location of the event.
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City Council Meeting Meeting Minutes January 17,2023
L. CALL TO PUBLIC
Andre Meek, 1327 S. Belair Road,Apache Junction,AZ remarked on the current city code
restrictions.
Catherine Meek, 1327 S. Belair Road,Apache Junction,AZ encouraged attendance to the many
events being offered at the Superstition Mountain Lost Dutchman Museum, and the Desert
Farm to Table events held the first Saturday of each month at 300 W.Apache Trail,Apache
Junction,AZ.
George Schroeder, 2444 W.Virginia Street, Apache Junction,AZ thanked the council and city
staff for planning and approving street improvements on Virginia Street. He expressed
concerns regarding the approved type of fencing materials per City Code, and encouraged the
public to be more involved and attend council meetings.
M. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:20 p.m.
ACCEPTED THIS DAY OF Fibalap, 12023, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS_�DAY OF,, Fe-b 202 .
�,(&& V,�,
WALTER"CHIP"WILSON
Mayor
ATT T:
.f N IFERPE%A
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 ity Council of the City of Apache Junction,Arizona, held on the
---, day of 2023. I further certify that the meeting was duly
called and held and that a quorur4was present.
Dated this day of ' 2023.
J N IFER PE A
City Clerk
City of Apache Junction,Arizona Page 8