HomeMy WebLinkAbout2020-11-17 City Council Regular MinutesCity of Apache Junction, Arizona
Tuesday, November 17, 2020
A. CALL TO ORDER
Meeting Minutes
City Council Meeting
7:00 PM
Mayor Serdy called the council meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Meeting location:
City Council Chambers
at City Hall
300 E. Superstition Blvd
Apache Junction, AZ
85119
www.ajcity.net
Ph: (480) 982-8002
City Council Chambers
Vice Mayor Wilson gave the invocation and Councilmember Schroeder led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7 -Mayor Serdy
Vice Mayor Wi lson
Councilmember Barker
Council member Evans
Council member Rizzi
Council member Schroeder
Councilmember Struble
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
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager
Kelsy Schattnik, Planner
Janine Solley, Economic Development Director
Raquel Schatz, Public Works Project Engineer
Jill Bright, Deputy City Clerk (remotely)
D. CONSENT AGENDA
Councilmember Barker moved, seconded by Councilmember Evans that the consent agenda be
accepted as presented, that Resolution No. 20-40 a resolution of the Mayor and City Council of the
City of Apache Junction, Pinal and Maricopa Counties, Arizona declaring and adopting the results
of the general election held on November 3, 2020 be moved to new business as requested by the
city clerk, and that Resolution No. 20-39, a final plat approval for subdivision case SD-1-18, a
request by Superstition Vista Development, LLC, represented by Dan Kauffman, for a 256 lot
residential subdivision named Superstition Vista, located near the southeast corner of Baseline
Avenue and Cortez Road be approved.
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City Council Meeting Meeting Minutes November 17, 2020
1.
2.
3.
4.
20-598
Yes:
No:
20-599
Yes:
No:
20-637
Consideration of acceptance of agenda.
7-Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
0
Consideration of approval of minutes of the regular meeting of November 3,
2020.
7-Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
0
Consideration for approval of Resolution No. 20-40, a resolution of the Mayor
and City Council of the City of Apache Junction, Pinal and Maricopa Counties ,
Arizona, declaring and adopting the results of the general election held on
November 3, 2020 .
Vice Mayor Wilson moved and Councilmember Barker seconded to continue this item to the
December 1, 2020 council meeting.
Yes:
No:
7-
0
Mayor Serdy, Vice Mayor Wilson , Councilmember Barker, Councilmember
Evans, Councilmember Rizzi , Councilmember Schroeder and Councilmember
Struble
City Clerk Jennifer Pena requested that this item be discussed under New Business .
Ms. Pena stated that this was a very large election and we are still waiting for data from
Maricopa County and requests to continue this item to the December 1st council meeting.
20-605
Yes:
No:
Consideration of approval of proposed Resolution No. 20-39, a final plat
approval for case SD-1-18, a request by Superstition Vista Development,
LLC , represented by Dan Kauffman, for a 256 lot residential subdivision
named Superstition Vista, located near the southeast corner of Baseline
Avenue and Cortez Road .
7-Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi , Councilmember Schroeder and Councilmember
Struble
0
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
5. 20-557 Presentation of proclamation designating Saturday, November 28, 2020 as
"Small Business Saturday". The Chamber of Commerce will accept the
proclamation .
Mayor Serdy proclaimed Saturday, November 28, 2020 as Small Business Saturday and
presented the proclamation to Denise Hart of the Chamber of Commerce .
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City Council Meeting Meeting Minutes November 17, 2020
6.
Ms. Hart thanked the council for the proclamation and encouraged the community to shop local
all year long.
20-580 Presentation of proclamation designating November 2020 as National
American Indian Heritage Month . Daughters of the American Revolution will
accept the proclamation.
Mayor Serdy proclaimed the month of November 2020 as National American Indian Heritage
Month and presented the proclamation to Bonnie Williams of Daughters of the American
Revolution.
F. ANNOUNCEMENT OF CURRENT EVENTS
7. 20-600 Announcement of current events from mayor and councilmembers.
Councilmember Struble reminded high school graduates to redeem their gift cards before the
end of the year. The 3rd annual prayer walk will be January 9th. AJ Open Mic Night is this Friday
night at Table of Grace Church. The 4th annual AJ Kids Idol is going to be January 24th at
2:00pm.
Vice Mayor Wilson shared that the Superstition Mountain Horsemen's Association just
celebrated 40 years.
Councilmember Rizzi thanked all of the veterans and first responders for serving the country.
G. CITY MANAGER'S REPORT
8.
9.
20-601 City Manager's Report.
City Manager Bryant Powell stated that the city will be getting information out very soon on the
Reverse Holiday Light Parade this year. Public Information Officer Al Bravo explained the details
of this year's light parade that will be held on December 5th at 7:00pm.
Mr. Powell shared that the City of Tempe gave the City of Apache Junction technology to help
guests hear in the council chambers better. Guests just need to ask a city staff member for it
upon arriving to the chambers and it will be provided to them.
20-558 Presentation and discussion with Denise Hart, CEO/President of the Apache
Junction Chamber of Commerce, on the operation of the local visitor
information center.
Denise Hart, President of the Apache Junction Chamber of Commerce, shared that Jingle in the
Junction will be taken over by the chamber this year and encourages all businesses in the city to
decorate for the holidays this year.
Ms. Hart reported that the visitor's center is run by 16 volunteers. They had to close their doors
from March 20th -June 1st due to COVID. As of November 2, 2020, the total number of visitors
to the chamber is 8,688 which is down significantly from last year's 30,000 visitors. Ms. Hart
recognized and presented a plaque to Jim Edwards who has been volunteering at the chamber
for 21 years.
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City Council Meeting Meeting Minutes November 17, 2020
H. PUBLIC HEARINGS
I. OLD BUSINESS
10. 20-573 Presentation and discussion on the Planning and Zoning Commission's
recommendation on amending cargo container regulations in the city's zoning
code.
Development Services Director Larry Kirch presented that cargo containers are currently only
permitted in RS-GR zoning and if the parcel is 1.25 acres. Mr. Kirch presented four options that
council can choose from to move forward with. The Planning and Zoning Commission is
recommending to leave the 2014 provisions in place.
Mr. Kirch showed a picture of a parcel with multiple cargo containers on the lot.
Councilmember Rizzi asked what the guidelines are to have a cargo container.
Mr. Kirch responded that it has to be on a 1.25 acre lot in RS-GR zoning, must meet setbacks,
has to be painted earth tone and desert colors and there has to be a landscape plan.
Councilmember Rizzi stated that cargo containers are becoming popular because they are so
durable and thinks council may need to re look at this.
Vice Mayor Wilson presented a slide show of pictures of cargo containers and sheds and
explained how cargo containers can be well concealed and are expensive. He requested that
this item be brought back to direction to staff at an upcoming council meeting.
Mayor Serdy said he would be curious to know what other cities have done over the last decade
with cargo containers.
Councilmember Schroeder stated that council could look at the size of a cargo container that
could be on a lot based on the parcel size.
J. NEW BUSINESS
11. 20-546 Presentation, discussion and consideration on the extinguishment of a
federally patent easement located at Smoketree Street from Tomahawk Road
to Vista Road for the purpose of alleviating setbacks so that Filly's Roadhouse
can rebuild/repair the duplex which was destroyed in a fire.
Councilmember Evans moved, seconded by Vice Mayor Wilson that the extinguishment of a
federally patent easement located at Smoketree Street from Tomahawk Road to Vista Road for
the purpose of alleviating setbacks so that Filly's Roadhouse can rebuild or repair the duplex
which was destroyed in a fire be approved.
Yes:
No:
7-
0
Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
Public Works Project Engineer Raquel Schatz presented that this extinguishment is being
requested in order to alleviate setbacks so Filly's Roadhouse can rebuild the duplex that was
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City Council Meeting Meeting Minutes November 17, 2020
destroyed in a fire.
K. COUNCIL DIRECTION TO STAFF
12.
13.
20-607 Presentation, discussion and direction to staff on the creation of a draft
ordinance relating to the regulation of recreational marijuana using the model
ordinance language provided by League of Arizona Cities and Towns.
Councilmember Barker moved, seconded by Vice Mayor Wilson that the discussion on
Proposition 207, the legalization of recreational use of marijuana be continued to the work
session on November 30th.
Yes:
No:
7-
0
Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
Planning Manager Rudy Esquivias presented on the background of the Smart and Safe Arizona
Act that just passed. Mr. Esquivias explained what the act does and does not do as well a what
a city may and may not do in regards to the act. Mr. Esquivias stated that he visited the city's 2
dispensaries yesterday and he believes they are both going to apply to have dual licenses
consisting of a medical license and a recreational license.
Mayor Serdy asked if the state will get involved to handle these licenses just like they do with
liquor. Mr. Esquivias replied yes the Department of Health Services manages marijuana
dispensaries.
Mayor Serdy asked Chief Kelly how officers test for marijuana. Chief Kelly responded that there
is no physical test and officers have to use their expertise and discretion.
Council member Barker asked if we can apply sales tax to this. Mr. Esquivias replied no.
Councilmember Struble asked the difference the between medical and recreational. Mr.
Esquivias replied that recreational will be taxed by the state and medical is not.
Council member Schroeder asked if the city is allowed to deny any other dispensaries coming
into town. Mr. Esquivias replied that yes, the city should be able to deny if they choose to.
City Attorney Joel Stern recommended that council continue this item and discuss it further at
an upcoming council meeting.
20-611 Discussion and direction to staff on resignation of Planning and Zoning
Commissioner Shirley Ooley and the process to fill the vacant position.
Councilmember Rizzi moved, seconded by Vice Mayor Wilson that direction be given to staff to
open the application for the Planning & Zoning Commission and have interviews at the Monday,
November 30th work session and appointments at the Tuesday, December 1st council meeting.
Yes:
No:
Recused:
6-
0
1 -
Mayor Serdy, Vice Mayor Wilson, Councilmember Evans, Councilmember
Rizzi, Councilmember Schroeder and Councilmember Struble
Councilmember Barker
Councilmember Barker stated that she is considering applying for the Planning and Zoning
City of Apache Junction, Arizona Pages
City Council Meeting Meeting Minutes November 17, 2020
Commission therefore she recused herself from the discussion.
City Clerk Jennifer Pena explained options for council to direct staff on.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
14. 20-602 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday ,
November 30 and Tuesday December 1, 2020 be held in the city council
conference room and city council chambers located at 300 E. Superstition
Boulevard, Apache Junction, Arizona, respectively; and other meetings if
necessary.
Councilmember Evans moved, seconded by Councilmember Barker that an Executive Session at
6:00 P.M. and Work Session at 7:00 P.M. for Monday, November 30, 2020 and that an Executive
Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, December 1, 2020 be held in the
city council conference room and city council chambers located at 300 E. Superstition Boulevard,
Apache Junction, Arizona, respectively; and other meetings if necessary.
Yes: 7-
No: 0
M. CALL TO PUBLIC
Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember
Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember
Struble
Mikel Vandermolen, 88 N Vista Road, expected that council would address what the trash deal
really is. She has not had trash service in 21 years and is on a fixed income and has a lot of
medical bills. She says it is unnecessary and is increasing traffic on her dirt road. She keeps
her trash and takes it to free dump week or has her friends take it. It is an undue hardship for her
and thinks the voters should have voted on it.
Ken Coburn, 384 N. Valley Drive, thanked Chip for the presentation. He said storage containers
can be made to look like a shed.
Jeff Barlett, 108 N. Meridian Drive, stated the city needs public transportation and the city needs
to watch their budget. He requests that this be placed on a future agenda item for the purchase
of a small shuttle bus. The city should not take out a bond and should charge a fee.
Braden Biggs, 1492 W. Cactus Wren, explained that he along with the VFWs are putting
together a drive for current service members. They are putting together small care packages to
send to those who are currently in the service and are from the Apache Junction area.
George Schroeder, 2444 W. Virginia Street, stated that he has crack heads in his neighborhood
and they are not getting fined. His neighbors went and told on him to Judge Hazel. He gets
people out of business and out of his neighborhood. He has rights too. Ms. Townsend has not
paid her trash bill and she wants a class action law suit.
N. ADJOURNMENT
Mayor Serdy adjourned the council meeting at 8:47 pm.
ACCEPTED THIS \ DAY OF:Uec f ro be,,c '2020, BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
City of Apache Junction, Arizona Page6
City Council Meeting Meeting Minutes November 17, 2020
SIGNED AND ATTESTED TO THIS _ ___._ __ DAY °f}f;-V~rt.~........._.llP'"""er...._ __ , 2020.
JEFF SERDY 1tt-~
Mayor
ATTEST: ~A J 0 fana_
JENNIFER P~NA~
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 --+-/ .... 7.__ day of ~ ~ , 2020. I further certify that the meeting was duly
called and held and that a quorum was present.
Dated this __ ........._ __ day of ';£cvnh ~~ '2020.
JENN'if:iRPENA
City Clerk
City of Apache Junction, Arizona Page 7