OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Eloy City Council Meeting - May 28, 2024

Meeting PortalTuesday, May 28, 2024
BodyEloy, Arizona
SessionMeeting Portal
DateTuesday, May 28, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Mayor have six or one whenever you're ready, sir.

0:36

Ready?

0:40

Good evening.

0:41

Welcome to the city council meeting.

0:43

It is Tuesday, May 28th, 2024.

0:47

Call with me to order.

0:49

It is approximate time is uh six oh two.

0:51

Miss Mary, can we have a roll call, please?

0:53

Councilmember Sutton.

0:55

Here.

0:56

Councilmember Wana Watha Rodriguez.

0:58

Uh we'll be arriving a little late, Mayor.

1:00

Um Vice Mayor Curtis here.

1:03

Mayor Powell.

1:04

Here.

1:05

Councilmember Schneider.

1:06

Here.

1:06

Councilmember Garcia.

1:08

Present.

1:09

Councilmember Tarango.

1:10

Here.

1:12

Thank you.

1:13

Anyone here would like to do the invocation for tonight's meeting?

1:18

Yep.

1:19

I mean what happened?

1:20

All right.

1:20

If we can all stand for the invocation and then remain standing for the Pledge of Allegiance.

1:26

Would you like to do the Pledge of Allegiance first or do the invocation first?

1:29

Uh good evening, thank you very much.

1:30

I'm a member of uh this community and uh I'm gonna go ahead and recite the prayer in Arabic, uh which is very close to the word Jesus spoke, and then I'm gonna translate and it'll be a prayer.

1:40

It says all praises to the Lord and uh creator of this word, uh Rahman Rahim, the most merciful and most gracious manikium, he is the owner of the day of judgment that we all believe in.

1:54

Yakana can state, we pray to you and only we worship only you.

1:59

Anything Surat al Mustaheen, may Lord show us the right path, the right path of the people who are righteous who you're pleased with, not the people that uh were misguided.

2:09

That is a prayer, and uh I would like to say thank you to the Lord first making us believers that we believe in and uh that we are accountable for everything that we do in this life and we believe in hereafter.

2:21

That is the reason we are asking Lord's help that for us to make this world a better place.

2:26

And uh I appreciate all the and uh pray for all the council members that are doing their best to make the city a best place for us to live.

2:34

I have moved here almost two years ago, and I have loved it since.

2:37

And uh it is all because of the hard work and uh the dedication of the uh council members and we all pray for all of you and uh we appreciate all of your help.

2:46

Thank you very much.

2:47

Thank you.

2:50

Congratulations to the flag of the United States of America and to the Republic for which it stands.

2:57

One nation, under God, indivisible with liberty and justice for all.

3:08

Thank you.

3:09

Anybody sign in for a public appearances?

3:11

Do we know you have to know?

4:01

All right, um the first one we have.

4:04

Uh is it Keith?

4:07

Yes.

4:08

Oh I'll go with uh key for there.

4:11

Okay.

4:11

Uh if you can state your name and your address for the record, and also realize that we have three minutes and after the timer is done, then that's that's all the time you'll have for three minutes.

4:21

More time than I need, thank you.

4:22

All right, thank you.

4:23

Yeah, Keith Hyatt, I live at 5573 North Coyote Hill Road in um Robeson Ranch.

4:29

And I just wondered if there's wanted to bring it to your attention the uh Toltec Road.

4:35

Apparently it was supposed to be there was an agreement for it to be paved um from Hannah down to Chiracala.

4:43

And you know, I had I contacted the mayor, and I think I've heard from McKenzie that there was an agreement that beginning January 1st of 24.

4:54

Um there was like six months within 90 days.

5:00

Um they'd start working on that road, and I understand that maybe that's not happening anymore.

5:04

And it's it's really horrible.

5:06

My back my back yard faces that.

5:09

And this morning, you know, bus is going down at 40 miles an hour, and it's quite a quite a bit of dust.

5:15

It makes it kind of unusable out there at times.

5:19

That was it.

5:20

Thank you.

5:21

Thank you.

5:24

Said if you can state your name and your address for the record, please.

5:28

I am Saitoha.

5:29

I'm at 3100 South Barrett Road in a way.

5:33

Uh thank you for giving me the opportunity to speak about a topic that will affect all of us, our children, and the whole world.

5:39

We have the power to make a difference.

5:40

That is the reason I'm here to convey the message to every one of us and do uh so every one of us can do our small part.

5:50

Uh I'll use a uh example.

5:53

Imagine in South America there's a group of people called let's say Incas who are getting killed by all the states in South America.

5:59

We Americans have big heart, we let the Incas in while every other country closes the borders.

6:03

The Incas are better trained, educated than us.

6:06

All of the South American countries get with the help of United Nations to divide United States into half, give Incas half, and we get the other half.

6:14

As soon as they partition United States, the Incas start a campaign of ethnic cleansing us and move all of us to Florida into a concentration camp, close all borders.

6:23

Their goal is to make life so miserable that we'll just leave.

6:27

Now all of the South American countries are providing weapons to Incas to ban us, slowly take over United States states one by one.

6:35

Now Incas control all of United States territory.

6:38

And every two years, they come and know the lawn in Florida, meaning they kill our children and young men, anyone who resist.

6:45

If you fight for land and homes, all in South Americans call us terrorists, rest of the world thinks of us as freedom fighters, just like George Washington was a terrorist, Gandhi was a terrorist, Nelson Mandela was a terrorist, and they was on a terrorist list.

6:59

This is the exact same situation that is in Palestine and Israel.

7:02

Everything we've been told for the last 70 years is propaganda and lies.

7:06

There have been 13 wars so far, and it will continue until we have peace or a third world war.

7:12

Just need one domino to fall, and there will be nuclear war, and the fallout will be in Europe within four days, and the nuclear fallout will be in New York in two weeks.

7:21

First world war costs 55 million deaths, second world war costs more than 100 million, and the third world war will cost over a billion lives and misery for the rest of us.

7:31

The genocide we're witnessing now is only possible because our politicians have sold their souls for money just to get elected.

7:38

We provide bombs that are killing innocent women and children.

7:45

Israel is in violation of countless United Nations resolutions.

7:48

We are Christians, Muslim and Jews.

7:50

None of us support this genocide.

7:52

We'll be asked and have to account on the day of judgment by supporting Israel to kill innocent Palestinians.

7:57

We are alienating 57 countries with 1.5 billion Muslims who are our potential customers.

8:03

We are Christians, Muslim and Jews, and our morality does not allow us to steal somebody else's land, kill innocent women and children, demolish their homes and starve them to death.

8:13

Two-state living in peace is the only solution.

8:16

Vacate Gaza, vacate West Bank immediately, release our prisoner.

8:20

Most prisoners are children throwing rocks.

8:22

Please support a real two-state solution, not the fake one going on for the last 50 years.

8:27

Immediate withdrawal from Gaza, West Bank release of our prisoners.

8:31

I'm an American just like all of us.

8:33

It is our responsibility to educate people and make it just more and equitable society that is based on our Christian Muslim and peace values.

8:40

Thank you.

8:41

And we leave the good place for our children.

8:42

Thank you so much.

8:43

And I'll be in the back if anybody has any questions and anybody who would like to ask, elaborate, have I mean have me elaborate on it?

8:48

I'd really appreciate that.

8:49

All right, thank you.

8:50

Okay.

8:51

Next, we're gonna go to council member reports.

8:54

Anybody else start on my right side?

8:56

Andy.

8:57

Yes, thank you, man.

8:59

Uh over the past week I attended the APS summit contingency meeting along with city staff and Eloy Faya.

9:07

We discussed uh their preparedness, and I'm happy to say they seem to be they have it a really good handle on the upcoming summer.

9:16

We also discussed last year's heat wave and what they did.

9:20

So we exchanged phone numbers and contact information that I hope we don't have to use this coming summer.

9:28

That's it.

9:30

Thank you.

9:33

Okay.

9:38

Okay.

9:39

Well, uh yesterday we were at the um Memorial Day program that was hosted by the Chamber of Commerce in the city of Eloy and a lot of other sponsors, and it was a really nice turnout.

9:53

We always do a very good job honoring our our loved ones.

9:57

Um it was really nice.

10:00

Thank you, Paul and the chamber, Andrew, for putting it all together.

10:04

Um the flags, of course, from JW.

10:07

He gets up early in the morning and displays our oh glory down.

10:11

Were you with them too, Jose?

10:12

Okay, Jose was with them too, and displayed our flags along the main street and also at the cemetery and beautiful.

10:19

So thank you, all those that were involved um putting that together.

10:23

So um, yeah, that's pretty much it.

10:27

I do have one other announcement.

10:29

Um the other day myself, I received a phone call, and of course, I took it to voicemail.

10:35

Uh, shouldn't I have?

10:36

It was Congressman uh Juan Cisco Monty.

10:39

Uh then he called David and tried to look for me.

10:42

And so of course I David calls me panicking.

10:45

He goes, hey, you gotta take this phone call.

10:47

So all right.

10:48

So I talked to our Congressman Juan Cisco Mani for a little bit, and you know, um saw how he was doing, he's doing a good job with campaigning.

10:56

But he wanted to let me know that um we applied for a grant um from the federal government several about a month ago, I guess, or several months ago, and there were 60 applications that were that were submitted, and out of 60, we were chosen um by his group and almost awarded five point four million dollars for a pro for um the mill and fill on frontier all the way from Bataglia to the Castle Gran City limits.

11:32

So, like he said, it's not we're not ready to uh pull out the champagne yet, because it's let's go to the appropriations committee and be on the bill, but he wanted to let us know that it's looking very good for us, and we were able to announce that um soon we will shall be recipients of over five million dollars for our our roads, our major road.

11:56

So thank you, David and everybody, the staff who put that together in in a very timely manner because they told us on a Wednesday it needed to be done by Thursday, something like that.

12:05

And so thank you and Matt for you guys and and our our grants coordinator for putting it together.

12:12

Um it's it's things like that teamwork, putting it together, and so this is it, and I know I've been pushing the staff to go for the grants, go for these.

12:21

What can we do?

12:22

And this was uh a project that we had on our capital improvement project plan, and um so it'll be less money out of our coffers.

12:31

And um, hopefully when the bill goes through that we will receive the five point I think it's almost five point four million dollars total for this whole project.

12:40

So kudos to everybody that was involved.

12:42

So that's the major announcement that I was supposed to do for today.

12:45

So great news, yes.

12:49

That's it for me.

12:51

Mr.

12:51

David Thank you, Mayor, members of council.

12:56

Um, yeah, just to in echo on that, we've still got a couple of other grants outstanding with cinema and Kelly.

13:02

Uh we put in for a two million dollar uh cat RMS record system upgrade for the police department.

13:08

So hopefully we get answers on those soon too, and we get awarded those.

13:11

That'd be great news on that front as well.

13:14

Uh jumping into a couple of announcements.

13:16

Speaking of PD, happy to announce that our two uh new laterals just started with the police department and they're out there doing their field training right now.

13:25

And then our new officers that we hire through the Gilbert Police Academy have completed their FTO of the field training and are out on their own right now.

13:33

They'll be doing that by the end of this week, in the beginning of next week, they'll be out on their own patrolling the city streets of Eloy.

13:40

So good news on that.

13:40

We're really proud of them.

13:41

That was our first endeavor into the Gilbert Academy, and they've come out of there, been uh stellar officers and really look forward to having them be part of our family.

13:51

And then we have our summer youth camp is sold out.

13:55

So exciting news that that is sold out.

13:58

And following that, this weekend, Saturday, 6 a.m.

14:01

to noon in the main street park is a community yard sale.

14:04

So who's ever got stuff that they want to sell in the community yard sale this Saturday, please uh reach out to the community services department and they can certainly help you out and get you taken care of on that front.

14:15

And then our dust bowl, it's finishing up this week.

14:18

If you drove by it coming into the council meeting today, you'll see that all the debris is gone.

14:22

The company put in some fill dirt and they're get bringing more in to level that off once that area is leveled off.

14:27

They'll be bringing in some grunt rock and whatnot to fill in that space and and make it usable until we come up with a more appropriate plan for for that space.

14:37

So this is just temporary, so if any way to see his rock and nothing else, that's until we get a plan approved through council.

14:43

Um we'll keep working on that soon to come.

14:46

And then my last announcement for today is I mentioned it here and there throughout budget meetings and talking with council members, but this is the last week of our economic development specialist Jeff Fairman.

14:57

He's been with us for just over five years now, and he's retiring.

15:01

He's finally hanging up his hat and gonna go camping and whatever else he needs to do.

15:06

So his last day will be Friday.

15:08

So if you happen to see him around, say hi to him or shoot him an email or whatever, he'd probably really appreciate that.

15:14

And that is all I have.

15:15

Anybody have any questions for David?

15:18

I got a question more for Paul about the the summer camp.

15:22

How many residents versus non-residents do we have signed up for that?

15:27

Uh mayor, I don't know at the top of my head, but information matters.

15:34

Okay, yeah.

15:35

And we have our our pool that's open as well, too, and that's that's going pretty well.

15:40

Okay, good for the kids.

15:43

All right, thank you.

15:44

Next, we're gonna go to consent agenda.

15:46

All items listed with an asterisk are considered to be a routine matter and will be enacted by one motion and roll one roll call vote of the council.

15:54

There'll be no separate discussion on these items unless the council members will request.

15:58

In which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda.

16:04

So we have items A all the way down to O.

16:09

Anybody like to discuss any of these consent agenda items?

16:16

Hearing none, do I hear a direction from council?

16:18

Which, if you'd like to move forward.

16:24

Mayor, I'll make a motion to approve um items A through O.

16:28

Thank you.

16:28

Do I hear a second?

16:30

Second.

16:31

Mayor, can I get a roll call, please?

16:33

Councilmember Sutton.

16:35

Yes.

16:36

Vice Mayor Curtis.

16:37

Yes.

16:38

Mayor Powell?

16:39

Yes.

16:39

Councilmember Schneider?

16:41

Yes.

16:41

Councilmember Garcia?

16:43

Yes.

16:43

Councilmember Tarango.

16:45

Yes.

16:46

The motion passed unanimously, Mayor.

16:48

Thank you.

16:48

Next one go to business item A discussion and consideration of formally adopting the recent completed water and sewer master plan prepared, prepared by Wilson Engineers.

16:58

Matt evening, Mr.

16:59

Mayor, Madam Vice Mayor, members of the Council.

17:01

As you're aware, we've been working with Wilson Engineers to update our water and wastewater master plans.

17:06

The last updates that we had were from 2005 and 2007.

17:10

Since then, we've gone through a significant amount of growth and interest in the city of Eloy, and the assumptions that we had in the original wastewater and water master plans didn't really uh apply anymore.

17:23

And so we reached out to an engineering firm to update our water and wastewater master plan.

17:29

If you will recall, they they came and gave a presentation to you.

17:32

Uh high level summary of that.

17:34

We now have the hard copies of that as well as an executive summary uh that is is being brought to you for formal adoption that we can implement in our in our planning process.

17:49

Anyone have any questions for Matt?

17:54

Matt, is this plan talk about potential expansion to certain areas that we identified as the growth areas?

18:02

Mr.

18:02

Murray is it does.

18:04

Okay.

18:08

And it talks about if we needed to what our projections would be 10 years, 15 years, 20 years.

18:16

That's correct.

18:16

We actually have the wastewater master plan as a 30-year build out to out to the year 2020 3.

18:23

Um, and with that, we have it segmented so that every 10 years we can look and see where our projected milestones are and where we track with that.

18:31

And how soon are we going to need to expand our sewer treatment facility?

18:37

It depends on the on the growth that we have.

18:39

We're projecting in about 10 to 15 years right now with the current growth rates.

18:44

We should be in a point where we should be expanding our wastewater treatment plan.

18:48

The Department of Environmental Quality mandates that once we hit 80% of our capacity, we start the design for the next for the next phase.

18:56

Right now, our current wastewater capacity is two million gallons per day.

19:00

Right now we're running about 700,000 gallons per day, so we still have a little bit of time.

19:04

Okay.

19:08

All right.

19:08

Anyone have any questions for the public?

19:14

All right.

19:16

Do I hear um direction for council?

19:22

Motion to adapt adopt um the recent completed water and sewer master plans.

19:28

So moved.

19:29

Do I hear a second?

19:31

A second.

19:40

Can we get a roll call, please?

19:41

Okay.

19:42

Mayor Powell?

19:43

Yes.

19:44

Councilmember Tarango.

19:47

Yes.

19:48

Councilmember Sutton.

19:50

Yes.

19:51

Councilmember Garcia?

19:53

Yes.

19:53

Vice Mayor Curtis?

19:55

Yes.

19:56

Council.

19:57

Councilmember Schneider.

19:59

Yes.

20:00

The motion pass unanimously, Mayor.

20:01

All right.

20:02

Thank you.

20:02

Thank you very much.

20:03

And just for the record, that those will be one of will be available at City Hall for review, the other will be at the public works office for review if anybody wants to review that.

20:10

All right.

20:11

Thank you so much.

20:12

Thank you.

20:14

All right.

20:14

Next one item B requirements for walls and fences on single family lot zoning text amendment.

20:21

Dan good afternoon, mayor members of the council.

20:26

Dan Seimer Community Development.

20:29

And as soon as I'll get up.

20:50

Thank you.

20:53

Okay.

20:54

The item before you today is a request.

21:00

There it goes.

21:01

Let me go back here.

21:13

All right.

21:14

Let me get it going here now.

21:19

Okay, the item for you today is a request uh staff to for the council to initiate a zoning text man from for walls and fences on residential lots.

21:28

Just a brief overview of the presentation.

21:30

I'm gonna go through some current circumstances that we're seeing in the industry right now and in the city, but the objectives of the amendment are the proposed provisions and implementation plan and any questions or answers that the council may have.

21:49

So what we're seeing right now or the past two years is a development growth in the Tultic and North Toltic and Robertson Ranch.

21:58

That's where our primary development has been occurring.

22:01

These are formerly two North Toltec and Toltic are two formerly older subdivisions that platted in the 70s, some in the late 60s, mostly in the 70s.

22:11

And we're seeing a reassert resurgence of development activity in those areas.

22:16

These two areas do not have uh homeowners associations, nor do they have master developer, somewhat like Robuson Ranch.

22:25

And that this creates a decom the economy between the two and our other areas of the community where there's no standards.

22:33

Uh development today is currently most subdivisions are built with uh walls and fences around yards and have a uniform development format, which you don't see that in these areas.

22:48

So the intent of the amendment is to establish some uniformity between these the existing developments and the newer and older areas by screening the rear and side yards, and this has an enhanced uh neighborhood aesthetics.

23:04

So as it pertains to these areas, as you can see in the top two pictures, these are two developmental areas in the city.

23:11

Um the fences uh screen the backyard compared to the two or lower developments, which are both in ones in Toltec and ones in North Toltuck, and it just happens to be that I picked two pictures that I realized, or three pictures that were all the same developer.

23:29

So the reality is what it is.

23:35

Uh current development standards when you have uh a development that's proposed by a master developer has standards in those that don't.

23:44

So the idea is to screen the size and rear yards.

23:47

Now the entire rear and side yards don't have to be screened, as you can see in the top two pictures.

23:54

So and that kind of uh uh adds to the enhanced community character.

24:02

So the requirement is to propose to have side and rear yards with a minimum six foot tall wall, as kind of showing it or fence.

24:11

Doesn't have to be block, could be wood, it could be metal.

24:15

So that's what the requirements are stating.

24:20

I'm stuck.

24:22

Um as I was saying, that require the rear requirement of the rear and side yards.

24:29

Now, currently the proposed draft has those requirements in the with lots that are two and a half acres or larger.

24:37

I would recommend reducing that down to like an acre and a quarter, and that's because you start getting into more of the estate uh residential developments, which you have more open spans of uh open areas, and furthermore, the cost of include enclosing these uh areas is significantly higher.

25:05

As it pertains to the rear and side yards, you know, we would require those with new development and reconstruction of existing developments, and that as proposed currently, any addition or accessory structure that has a value greater than 60% of the property.

25:21

Um, the reason that this is important is once you put a standard like this in, all residential development properties under that side become legal non-conforming.

25:30

The intent of this is to allow for those property owners to still invest in their properties while staying legal conforming.

25:39

But once they reach a certain valuation, then that standard kicks in.

25:44

You could reduce this down to 25% of the property value.

25:48

You would get more people into compliance, but it would have the effect of lowering that investment.

25:56

So that's why I have it at 60%, although I am asking for council direction on that.

26:04

Minimum height of five feet.

26:06

This picture on the left, this is your standard lot, what that starts to look like in your uh planned communities, and also adjacent to open space areas.

26:16

Other the proposed standards are recommending allowance for a reduced height of an opaque wall adjacent to open space areas of four feet, does not require it, just allows it, and larger open space areas of two feet of opaque wall allows for those areas to be more open, and of course, greater than 200 feet allows for a complete open rail fencing.

26:43

So the intent of that is to allow for a variety in development standards and a variety of open space enhancements, but the standards also include the council to approve modifications as part of the subdivision plat.

26:59

So that these are just for those new developments or new properties being developed.

27:05

A master developer can come in and propose an alternative standard to you as part of the final planning process.

27:12

And again, the variety of wall designs is to enhance the neighborhood appearance of open space, provide options, allow for property owners to enjoy open space areas, and of course, it helps with the natural surveillance of those areas.

27:28

If the council chooses to initiate this amendment today, we would probably be in front of planning commission as a non-action item at our June hearing with a public open house in July.

27:43

Potentially, depending on uh the fall of the planning commission hearing, we may have a July, maybe early August planning commission with a council hearing in uh August, early September for adoption, and then it goes into effect month later.

28:01

So, council, we are recommending the city council initiate the amendment.

28:05

Although staff is looking for specific directions on what the lot size should be for initiating that requirement as currently drafted.

28:13

I said it has a two and a half acre size and anything smaller.

28:16

I do recommend reducing that down to a 1.5 to allow for those estate rural communities to develop out, and then of course, the valuation of when that should kick in for the lots that are currently developed.

28:31

So mayor, I'll hand it over to you for any questions and direction.

28:34

Okay, thank you.

28:35

Anyone have any questions?

28:38

Dan?

28:38

Yeah.

28:39

Uh if you require the property owner of a new construction to put these would the wall or fence go in a property line, or where would it be relative to the property line?

28:50

The way that the code is written that was attached, it does not have to be the entire yard.

28:58

So some property owners choose to enclose some of the yard and some choose to enclose only part of the yard.

29:05

And that's the two developments that I showed you there.

29:07

One had the full yard enclosed on the property lines and then the setback, and one only had the rear yard.

29:14

So by requiring it on all property lines, you're essentially close enclosing the entire yard.

29:22

So it gives it an option.

29:25

So the that's my question though.

29:27

If it is it on the property line, or you know, if it's a new construction and I have a lot and I'm building on it, but the lot next to me is baked today.

29:38

So I'm going to re be required to put up a wall or the building.

29:42

Will that wall go in that property line or will be inside the property line?

29:46

And this afterwards, if a resident moves new lot is then sold, who's responsible for the wall afterwards?

29:55

It's a good question.

30:04

Technically, you need both property owners' approval to build on the property line.

30:08

And that's where you see in your newer subdivisions, they're all built on the property line because the developer owns the property.

30:15

When a new development comes through on a vacant lot next door, we do require them to be at least the width of the wall off.

30:23

So you can be right on the property line facing it, but it does have to be off unless they provide authorization from the adjacent property owner.

30:34

So maintenance, so if I own uh the wall and I have it uh uh four to two feet inside the property line, I could paint and maintain my side to wall and say the heck with this idea, even though it's facing another resident who part of us do anything about it.

30:53

That is correct, Mayor members or council.

30:57

It is an un it is an un an ongoing issue that happens through all the cities throughout the communities I worked on, worked in, is who maintains the wall.

31:07

But the wall is there and essentially one or the two, they both usually end up maintaining the wall.

31:17

Anybody else?

31:20

Um I like your recommendation that the net area is reduced to um one and one quarter.

31:28

I think you're right with the fact that 2.5 acres is kind of getting into horse properties and different types of estates, and it's maybe way too costly to do an opaque fence around something of that size.

31:42

Um so I'm in agreement with that.

31:46

And then the second point um with the additions to the primary building.

31:51

So I just want to understand this.

31:53

You're saying you're asking a question, should it be 25% or 60%?

31:58

Is that what you're asking?

32:00

Correct.

32:00

So if I the intent is to bring properties into conformance, but yet those that are not hinder them from reinvesting in their property.

32:10

So my initial draft has it at 60% of the property value.

32:16

If that addition is greater than 60% of the property value, then they have to build the wall.

32:32

So or any number in between.

32:41

Um my personal feeling, I don't know what everyone else feels, but is something like 50 or 60 percent.

32:46

Um would be reasonable.

32:48

I think we want to um, you know, make this happen for new um developments going up, but we don't want to punish you know, or or or create financial hardship, let's say, to existing residents.

33:02

Um, yes, it would be nice if they can conform one day, but um, you know, we don't I don't think we need to force that just yet.

33:08

Um so I think the something in the spirit of 50 percent makes sense to me for this particular point.

33:18

Yeah.

33:20

For the question to following up on council member uh Curtis's question.

33:25

What with property valuation?

33:28

What is the valuation?

33:30

Is it market value, tax value, and then if it's uh additions, is that addition, the cost addition, or how how's that evaluation going to work when you're saying I have an addition compared to to what?

33:45

Yeah, great question, American council, councilman Schneider.

33:49

The valuation of a property that has written as including your draft is the valuation assigned by the county assessor.

33:58

That's the property assessed value.

34:00

The valuation of the approvement is calculated at the time of building permit.

34:06

So we actually do calculate the valuation of almost every building permit that goes it goes in.

34:13

So for example, most I'll use great gold gold bond because in my head right now.

34:19

When it was permitted, the first phase was 74 million dollars.

34:24

Now we all know it costs a lot more to build that plant.

34:28

But the valuation of those improvements, that's what it was at.

34:33

So we use a reason number that's uh published by the building code association.

34:41

So there is a potential for someone who's owned their home for a while, and the appraised value could be fairly low, but you had to do an addition or something, the new construction, the uh 50 60 percent level could be reached very easily.

34:58

That is correct.

35:00

That is correct, and that's part of the reason why I had it in there at the six well, it's the majority of the reason why I had it in at that 60 percent level.

35:08

It could be it could be achieved fairly quickly.

35:12

Um and not wanting to hinder people because once once we put a provision in like this, either you're conforming or you're non-conforming.

35:22

And the non-conforming provisions state that any addition or any modification has to conform by providing an allowance in there, you set a window that allows them to flex that improvement non-conformity.

35:41

I think it's a great idea.

35:44

Um I mean, especially in the new houses, the new developments in the Taltech area, it's wide open.

35:52

And so, you know, I I've I've always thought it would be a great idea and to change it and make it look more pleasing, I guess.

36:04

Um to the neighborhoods, yeah.

36:07

Um, especially on a new bill, they just add that to the house anyways.

36:12

That's true.

36:13

So it's still affordable.

36:14

Houses here in Eloy so still more affordable now than anywhere else.

36:19

And so um I I do know there's some new bills that are are coming in with fences already.

36:26

Yeah, quite a few, yeah.

36:28

Not all of them.

36:30

Yeah, there's one particular builder that is not.

36:33

Um so but I think it's a great idea somehow.

36:38

Uh I'm not a really big fan of the the metal, the the shine the shiny ones, um, but anything else I'm okay with it, unless it's painted or something.

36:48

So the glare than heat.

36:51

So yeah, there actually is in the zoning code of provision.

36:55

I just do that one in there for example purposes.

36:59

The zoning code does require non-reflective surface.

37:02

Non-reflective, okay.

37:04

So gotcha.

37:06

And a light reflectivity value less than 40%, which is a real challenge to get implemented with single family homes.

37:14

Okay.

37:15

All right, and in the houses now would be grandfathered in once this went in effect in September.

37:22

Lack of a better term, it would it would they would fall into the the nonconformity issue where that 60% 60% of the valuation would kick in.

37:32

So when if they did any modifications, yeah, yeah.

37:36

That from here on out.

37:37

Yeah.

37:38

Yeah.

37:38

Which is which is fine.

37:40

New construction.

37:40

Yeah, new construction.

37:41

So it's existing, no changes, no changes.

37:46

Gotcha.

37:47

And I have somebody from the audience like to speak.

37:50

I moved here from Chandler about 40 years ago.

37:54

Yeah.

37:56

I just had a quick question.

37:57

I moved here from Chandler, and I'm in realistic development also.

38:01

Uh used to look like Eloy 40 years ago.

38:04

Does the city have a guideline as to what we'd like to look like after 30 or 40 years?

38:08

Chandler or Gilbert.

38:09

And also, do you use any of their codes as a guide to help us not do too much work and just kind of see if their codes make sense in Eloy and adapt those?

38:20

That was my question.

38:23

Dan, did you want to answer that one?

38:25

Sure.

38:28

Chandler and uh Gilbert are unique in the sense that a lot of them were developed by master developers.

38:35

And a lot of the uniformity that you see is because of those developers.

38:41

The we do have design guidelines in our ordinances, and most of the new developments address those conditions.

38:51

When it comes down to an individual single family home, even in those communities and ours, the the guidelines are fairly limited.

39:01

So and that's pretty much intentional for allowing people to have flexibility.

39:07

So we do have a standards that are unique to Eloy, but they're not very specific as Channel Chandler or Gilbert, and for that matter, Tempe or Peoria.

39:23

Um you have a community that I'll use North Scottsdale, for example, they do not have single family design guidelines, but yet you there's a uniformity there.

39:33

That's that's what happens when you have a master developer.

39:36

Okay.

39:36

So any other questions.

39:43

Your mic's on.

39:45

Oh, well, that's it.

39:49

So right now it's just information.

39:51

It's it is a request for initiation.

39:55

Okay.

39:58

So it would require a vote of the council.

40:01

Will that vote of the council be for the 60%?

40:05

Oh the 25% of the 2.5 acota 1.5.

40:09

Is it staff recommended?

40:11

Staff recommended.

40:13

Staff was recommending.

40:16

The 60% and the 1.25.

40:20

And uh if you include that in your recommendation to initiate, I'd be fine, or I do have it here in a minute.

40:27

So I'll make a motion to um move the proposal on to the next level.

40:35

Um with the uh recommended 1.25 acres and the 60 percent um value if there's an addition to the primary building.

40:46

All right, thank you.

40:48

Do I hear a Steve?

40:50

Mayor, council members, one council member has a question, but procedurally, we have a motion.

40:54

We have a second, then we would have discussion so I can address the question at that time.

40:59

Do you have a question?

41:01

We already have a motion on this.

41:04

Oh it's initiate initiation is an action, mayor, council members.

41:14

Um the agenda item that was posted did say business possible discussion and our action on the following and B was requirements for walls, fences and a single family zoning text amendment.

41:26

We're just going to move the process forward to start forward.

41:30

There is going to be public input, planning and zoning.

41:33

It may come back to you the same way, it may come back a little different, but you'll have another opportunity to come in discuss and decide those amendments on there.

41:41

But we're just starting the motion.

41:42

The intent of the motion is to start the process and to give our planning and development director basically some guidelines of what to put in the pro in the in the um in the moving forward on it so that basically everybody understands what we're looking at.

41:56

It's staff recommendation and and council recommendations still has to go before planning and zoning.

42:02

Public hearing in the timeline back to council in September.

42:06

Hopefully in September for approval.

42:09

Correct.

42:10

Based on planning uh the the public hearing steps, maybe there's more staff or council questions.

42:17

So this isn't a done deal.

42:18

There's just this is just getting the ball rolling, pretty much.

42:22

Yeah.

42:22

Okay.

42:23

Just for a little clarity, Mayor, uh, a zoning tax amendment, and a zoning map amendment can be initiated by the council myself.

42:33

Um or the planning and zoning commission, but an initiation action has to occur.

42:39

Yeah.

42:40

From somebody.

42:42

Yes.

42:42

Okay.

42:43

And this yeah, yeah.

42:47

Okay.

42:48

Dan?

42:49

No, I was just gonna second a motion to uh uh continue on with this uh proposal with the recommendations for the recommendation, yeah.

42:57

Okay, all right.

42:59

So the recommendation is 60 percent and 1.25 acres.

43:05

Okay, and there's a first and second.

43:07

If I can get a roll call, please council member Snyder.

43:13

Yes, Mayor Powell?

43:18

Yes, Vice Mayor Curtis, yes.

43:23

Councilmember Garcia?

43:25

Yes, Councilmember Sutton?

43:28

Yes, Councilmember Tarango.

43:32

Yes, the motion passed unanimously, Mayor.

43:35

All right, thank you.

43:35

Thank you, Dan.

43:36

All right, ladies and gentlemen.

43:38

Uh you're more than welcome to stay, but we're gonna go in executive session.

43:41

Um it's with regarding uh the city manager, so we'll probably be here for 72 hours.

43:48

Um I know I I always say you know a couple hours, so with with this, it's pretty intense.

43:58

So I'm gonna recommend two hours with Mary for recording, Steve, if necessary, and then David, of course, he's on the hot seat.

44:10

Um recognizing uh what we're doing is should we have the session without David to start and have David come in?

44:21

Because I think we need to have some discussion among our council members.

44:27

Uh before we bring David in.

44:29

Just uh throw that out.

44:32

I was gonna see if we have David like maybe an introduction and then kind of kick him out and then we talk and then bring him back that way, it's fine.

44:41

Yeah, okay.

44:42

Yeah, not really kick you out, you know, but yeah, okay.

44:47

So two hours with Mary's recording, David on the hot seat, Steve for legal purposes if we need it.

44:56

Um motion do I hear a second?

45:00

Do I hear a second?

45:01

Second.

45:01

Second.

45:02

All in favor say aye.

45:04

Any opposed?

45:06

No.

45:07

All right, you guys uh we're gonna end our general session, and then uh you're more than welcome to stay.

45:11

If not, you guys have a good week or good week and uh see you next time.

45:15

I just want to show you guys some time.

Discussion Breakdown — Share of Meeting
Planning And Development█████████████████████████████████████████████45%
Public Engagement███████████████15%
Procedural█████████████13%
Water And Wastewater Management███████7%
Economic Development██████6%
Transportation Safety█████5%
Youth Programs████4%
Code Enforcement███3%
Community Engagement██2%
Summary of Proceedings

Eloy City Council Meeting - May 28, 2024

The Eloy City Council convened on Tuesday, May 28, 2024 at 5:30 p.m. (called to order at 6:02 p.m.) in the City Council Chambers. The meeting covered routine consent items, adoption of updated water and wastewater master plans, and initiation of a zoning text amendment to require walls or fences on residential single-family lots. Public comments addressed road paving concerns and international issues. Council and staff reports highlighted a potential $5.4 million federal grant, police staffing updates, and community events.

Consent Calendar

  • Approved minutes from May 13, 2024 regular meeting.
  • Adopted Resolution No. 24-1573 accepting right-of-way dedication for Eleven Mile Corner Road.
  • Recommended approval to the Arizona Department of Liquor Licenses and Control for a Series 10 (beer and wine store) license for JR’s Market & More, located at 218 W. Frontier Street, Eloy.
  • Accepted two Operation Stone Garden grants from the Arizona Department of Homeland Security: $151,500 for police officer overtime and mileage expenses, and $235,300 for equipment and vehicles.
  • Approved Community Outreach Program contracts for: Pinal Hispanic Council ($2,700), Pinal Alliance for Economic Growth ($5,000), Corazon De Latinos Unidos ($15,000), Eloy Division of Self and Community Improvement Inc. ($3,000), Central Arizona Regional Economic Development Foundation ($2,800), Community Action Human Resources Agency ($10,000), Sparrow Campaign ($4,000), Eloy Chamber of Commerce (amount not specified in transcript but listed in agenda), Hope Coalition/Eloy Food Bank ($6,000), and Eloy Ministerial Alliance ($1,900). All consent items were approved unanimously.

Public Comments & Testimony

  • Keith Hyatt (5573 N. Coyote Hill Road, Robeson Ranch): Expressed concern that paving of Toltec Road from Hannah to Chiracala, which he believed was agreed to start within 90 days of January 1, 2024, may not be happening. He noted that buses traveling at 40 mph create significant dust, making his backyard unusable.
  • Saitoha (3100 S. Barrett Road): Delivered a lengthy commentary drawing parallels between a hypothetical scenario of ethnic cleansing and the Israeli-Palestinian conflict. He argued that the genocide in Gaza is enabled by U.S. politicians, called for an immediate two-state solution, immediate withdrawal from Gaza and West Bank, release of prisoners, and urged the council to support peace. He identified himself as an American and referenced Christian, Muslim, and Jewish values.

Reports and Announcements

  • Councilmember (identified as Andy): Attended an APS summit contingency meeting; APS has good preparedness for the upcoming summer.
  • Mayor Powell: Reported on the Memorial Day program hosted by the Chamber of Commerce, thanking participants. Announced that Congressman Juan Ciscomani informed him that Eloy was selected from 60 applications for a federal grant of approximately $5.4 million for mill and fill on Frontier Street from Battaglia to the Castle Gran city limits. The grant is pending approval by the appropriations committee.
  • City Manager David: Announced two new lateral police officers started field training; new officers from the Gilbert Police Academy completed field training and will begin patrol independently. Summer youth camp is sold out. Community yard sale this Saturday (6 a.m. to noon) at Main Street Park. Dust bowl cleanup completed; fill dirt and gravel are being brought in for temporary use until a permanent plan is approved. This is the last week for Economic Development Specialist Jeff Fairman, who is retiring after five years. Also noted two outstanding grants, including $2 million for a police records system upgrade.

Discussion Items

A. Adoption of Water and Sewer Master Plans

  • Matt (staff) presented: Water and wastewater master plans were updated by Wilson Engineers; previous updates were from 2005 and 2007. Plans cover a 30-year buildout (to 2053) with 10-year milestones. Current wastewater treatment capacity is 2 million gallons per day (MGD); current usage is approximately 700,000 GPD. Expansion will be needed in 10–15 years when capacity reaches 80% (ADEQ requirement). Hard copies and an executive summary are available at City Hall and the Public Works office. The council voted unanimously to adopt the plans.

B. Zoning Text Amendment – Requirements for Walls and Fences on Single-Family Lots

  • Dan Seimer, Community Development Director, presented: The amendment aims to establish uniformity in newly developing areas (Toltec, North Toltec, Robeson Ranch) where no homeowners association or master developer exists. The proposal requires a minimum 6-foot tall wall or fence (block, wood, or metal) on side and rear yards for new lots smaller than 2.5 acres. Staff recommended reducing the threshold to 1.25 acres to exclude estate/rural properties. Existing properties would become non-conforming; additions or accessory structures exceeding 60% of the property value (assessed by county assessor) would trigger compliance. Council discussed possibly using 50% but accepted the staff recommendation of 60%. The amendment process includes a non-action planning commission item in June, a public open house in July, potential planning commission hearing in July/August, and council adoption in August/September. The council voted unanimously to initiate the amendment with staff's recommended lot size of 1.25 acres and valuation trigger of 60%.

Key Outcomes

  • Consent agenda (Items A through O) approved unanimously.
  • Water and Sewer Master Plans adopted unanimously.
  • Initiation of zoning text amendment for walls and fences on single-family lots approved unanimously with staff recommendations (1.25 acres, 60% valuation).
  • Council moved into executive session (up to 2 hours) to discuss City Manager evaluation and legal advice under A.R.S. §38-431.03(A)(1), (3), (4). Motion approved unanimously.

Note: The meeting adjourned following executive session.

Meeting Transcript

Mayor have six or one whenever you're ready, sir. Ready? Good evening. Welcome to the city council meeting. It is Tuesday, May 28th, 2024. Call with me to order. It is approximate time is uh six oh two. Miss Mary, can we have a roll call, please? Councilmember Sutton. Here. Councilmember Wana Watha Rodriguez. Uh we'll be arriving a little late, Mayor. Um Vice Mayor Curtis here. Mayor Powell. Here. Councilmember Schneider. Here. Councilmember Garcia. Present. Councilmember Tarango. Here. Thank you. Anyone here would like to do the invocation for tonight's meeting? Yep. I mean what happened? All right. If we can all stand for the invocation and then remain standing for the Pledge of Allegiance. Would you like to do the Pledge of Allegiance first or do the invocation first? Uh good evening, thank you very much. I'm a member of uh this community and uh I'm gonna go ahead and recite the prayer in Arabic, uh which is very close to the word Jesus spoke, and then I'm gonna translate and it'll be a prayer. It says all praises to the Lord and uh creator of this word, uh Rahman Rahim, the most merciful and most gracious manikium, he is the owner of the day of judgment that we all believe in. Yakana can state, we pray to you and only we worship only you. Anything Surat al Mustaheen, may Lord show us the right path, the right path of the people who are righteous who you're pleased with, not the people that uh were misguided. That is a prayer, and uh I would like to say thank you to the Lord first making us believers that we believe in and uh that we are accountable for everything that we do in this life and we believe in hereafter. That is the reason we are asking Lord's help that for us to make this world a better place. And uh I appreciate all the and uh pray for all the council members that are doing their best to make the city a best place for us to live. I have moved here almost two years ago, and I have loved it since. And uh it is all because of the hard work and uh the dedication of the uh council members and we all pray for all of you and uh we appreciate all of your help. Thank you very much. Thank you. Congratulations to the flag of the United States of America and to the Republic for which it stands. One nation, under God, indivisible with liberty and justice for all. Thank you. Anybody sign in for a public appearances? Do we know you have to know? All right, um the first one we have. Uh is it Keith? Yes. Oh I'll go with uh key for there. Okay.

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