HomeMy WebLinkAbout2024-10-01 City Council Regular Minutes City of Apache Junction, Arizona Meeting location:
a �0, City Council Chambers
.Z Meeting Minutes at City Hall
-.s 300 E.Superstition Blvd
CityCouncil MeetingApache Junction,AZ
85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday,October 1,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Heck gave the invocation and Councilmember Johnson led the meeting
attendees in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Michael Pooley, Police Chief
Johnny John, Assistant Chief of Police
Rudy Esquivias, Development Services Director
Liz Langenbach, Parks& Recreation Director
Anna McCray, Human Resources Director
Jill Swanson, Sr. Human Resources Analyst
Evie McKinney, Deputy City Clerk
Sidney Urias, Interim Planning Manager
Erika Hernandez, Associate Planner
Kayla Fulmer, Marketing and Communications Director
Rob Wisler, Management Analyst
Eli Richardson, Management Analyst
Prior to addressing the Consent Agenda, Mayor Wilson inquired how many meeting attendees
were anticipating to speak during the Call To Public in regards to the Genesis Project. Three
hands were shown. Mayor Wilson then continued with the Consent Agenda.
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City Council Meeting Meeting Minutes October 1,2024
D. CONSENT AGENDA
Councilmember Cross moved,seconded by Councilmember Nesser to approve the Consent
Agenda.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
1. 24-806 Consideration of acceptance of agenda.
2. 24-807 Consideration of approval of minutes of the regular meeting of
September 17, 2024.
3. 24-770 Consideration of approval of procurement of a training simulator for
AJPD from Virtra in an amount not to exceed $341,912.98.This item was
presented and discussed at the September 17, 2024, work session.
4. 24-797 Consideration of award of bid for P&R SSP 2024-004 Drainage and
ADA Crossing Improvements at Superstition Shadows Park to Scholz
Contracting, LLC in an amount of$292,820 plus a 5% contingency of
$14,641 for a total amount not to exceed $307,461.
5. 24-798 Consideration of approval of award of contract to J2 Engineering and
Environmental Design LLC for Phase 1 and Phase 2 Rodeo Ground
Event Center Design/Post-Design in an amount not to exceed
$693,859.84, which includes an owner allowance for unforeseen needs.
6. 24-799 Consideration of award of contract to Sunland Asphalt & Construction for
the application of an asphalt concrete overlay to select city streets. The
work would be through the 1 Government Procurement Alliance
cooperative contract No. 22-15P-04 in the amount of$1,682,507.75 plus
10% contingency for unforeseen change orders in the amount of
$168,250.77 for a total project cost not to exceed $1,850,758.52. Work
is planned within the October- December 2024 time frame.
7. 24-814 Approval of Separation Agreement with Aaron Douglas LaSota.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
8. 24-796 Proclamation designating the month of October as "Domestic Violence
Awareness Month."
Mayor Wilson read the proclamation designating the month of October as"Domestic Violence
Awareness Month"and presented it to Chief Pooley. Apache Junction Police Department
Detectives, and members from A New Leaf/CAAFA,(Community Alliance Against Family
Abuse), enjoyed a photo opportunity with the Mayor. Dana Martinez, Director of Domestic and
Sexual Violence Services for A New Leaf, thanked the Mayor and Council for this recognition
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City Council Meeting Meeting Minutes October 1,2024
and shared the services offered by A New Leaf. Chief Pooley also thanked A New Leaf for their
partnership and assistance when the Police Department is in need of the services they provide.
He also announced, in partnership with the Pinal County Attorney's office, a 5K Domestic
Violence Awareness Walk will be held on Saturday, October 12, 2024, at 8:00 a.m. at
Prospector Park.
F. REGIONAL INTERGOVERNMENTAL UPDATES
9. 24-808 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Soller announced that October is Breast Cancer Awareness Month, in addition
to recognition given to Domestic Violence Awareness. Police Officers will be wearing pink
badges and patches to recognize Breast Cancer Awareness.
Councilmember Cross shared today is the start of the Home Sweet Home program offered by
the City. This is a program that provides free house plans and more affordable housing for
Apache Junction residents.
Mayor Wilson attended meetings that were informational on Proposition 479 for Maricopa
County residents and Proposition 486 for residents in Pinal County. Both Propositions regard a
transportation and road maintenance tax, to be on the November 2024 ballot.
G. CITY MANAGER'S REPORT
10. 24-809 City Manager's Report.
City Manager Bryant Powell shared highlights on the Home Sweet Home Program, and there
are now postcards with QR codes to connect to the program with ease.
He also announced the Citizen Leadership Institute will be starting again on January 9, 2025.
Encouragement is given to sign up now for this class. It is designed for Apache Junction
residents to understand how local government works, and gives an opportunity to meet the
various department directors for the City of Apache Junction government. More information will
be posted on the City's communication channels, and contact can be made with Kayla Fulmer
at(480) 474-5080.
11. 24-813 Presentation, discussion, and update on the .2% sales tax dedicated to
fund roadway maintenance and repairs, and the .2% sales tax for public
safety.
City Manager Bryant Powell explained further discussion will be offered at an upcoming Work
Session, regarding the .2% sales tax dedicated to fund roadway maintenance and repairs, as
well as the .2%tax for public safety. He explained these dedicated resources remain a steady
source of funding to assist Public Works to carry out road service life by maintaining the city
streets, and the .2%for Public Safety is dedicated to the public safety pension plan.
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City Council Meeting Meeting Minutes October 1,2024
12. 24-810 Announcement of Current Events.
Management Analyst Eli Richardson shared October events:
* Make a Difference Day, October 5, 2024, 8:00 a.m. to 12:00 p.m. The event participants will
meet at Silly Mountain Park at 7:30 a.m.
* Faith & Blue, Building Bridges, Strengthening Community Ties, October 12 & 13, 2024. More
information can be found by visiting www.faithandblue.org.
H. PUBLIC HEARINGS
13. 24-811 Presentation, discussion, public hearing, and consideration of Ordinance
No. 1553, approving a text amendment to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: § 1-6-5 Accessory Structures; repealing any
conflicting provisions; and providing for severability.
Councilmember Johnson moved,seconded by Councilmember Cross,that Ordinance No.1553 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
City Clerk Pena read Ordinance No. 1553 by title only,repealing any conflicting provisions;
providing for severability;and providing for penalties.
Councilmember Johnson moved,seconded by Councilmember Soller that Ordinance No. 1553 as
read by the city clerk be approved.
Motion Passed Yes-6
No-1
Councilmember Heck opposed this code change,as it can potentially create more opportunity for
residents to build an unpermitted accessory dwelling.
Planner Erika Hernandez introduced Ordinance No. 1553, sharing the following presentation.
BACKGROUND
During the July 16, 2024, City Council meeting, a resident spoke during the Call to Public to
address his need to add a shower in a future accessory structure.
On August 6, 2024, the Development Services Director brought the item before Council seeking
direction for a possible text amendment to allow bathing facilities in accessory structures. The
Council voted unanimously to give a direction to Staff to review and consider updates to§ 1-6-5
Accessory Structures to remove the restriction of bathing facilities for accessory structures.
RESEARCH
Currently, Section 1-6-5 Accessory Structures prohibits bathing and cooking facilities in any
accessory structure. Prior to 2014, the code did allow showers in accessory structures, but it
was discovered that these structures were often becoming unpermitted apartments. In 2014,
the Zoning Ordinance then disallowed showers in an attempt to curb such structures from
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City Council Meeting Meeting Minutes October 1,2024
being utilized as an unpermitted dwelling unit. Dwelling units must meet the 2018 International
Residential Code("IRC")to be considered habitable space, and because accessory structures
do not have the same regulatory standards as dwelling units, they are not able to be lived in.
The City allows all single-family residential lots within its jurisdiction to build one (1) accessory
dwelling unit("ADU"), with a full kitchen and bathroom, if it is properly permitted and meets all
City regulatory standards, as well as the 2018 IRC. Because building an ADU can be costly,the
City still sees accessory structures being utilized illegally as dwelling units.
The current accessory structure regulations regarding bathing facilities read as follows:
(A)(1)Accessory structures. An ACCESSORY STRUCTURE is any non-habitable (no bathing
facilities or stove/oven) structure that is greater than 120 square feet in size, and detached from
the principal structure, and includes overseas shipping containers as defined herein.
Dimensional standards for accessory structures are set forth in Article 1-5 of this code, Tables
5-2 and 5-4 (see Vol. II, §§ 1-5-2 and 1-5-4).
(A)(8) Utility connections.Accessory structures may be served with utilities, such as electrical
and plumbing for water, with the appropriate permits. No sanitary plumbing fixtures for bathing or
cooking shall be permitted in any accessory structure.
PLANNING DIVISION RECOMMENDATION
Staff recommends removing the restriction on bathing facilities in accessory structures with the
following text language:
(A)(1)Accessory structures. An ACCESSORY STRUCTURE is any non-habitable (no sleeping,
living, or cooking activities) structure that is greater than 120 square feet in size, and detached
from the principal structure, and includes overseas shipping containers as defined herein.
Dimensional standards for accessory structures are set forth in Article 1-5 of this code, Tables
5-2 and 5-4 (see Vol. II, §§ 1-5-2 and 1-5-4).
(A)(8) Utility connections. Accessory structures may be served with utilities, such as electrical
and plumbing for water, with the appropriate permits. No fixtures for cooking shall be permitted
in any accessory structure.
A draft text amendment to the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-5 Accessory
Structures has been provided to apply the above noted proposed changes.
Council comments included: reasons commissioners voted no, clarification on toilets and
showers being allowed or not, and the possibility of the proposed code changes being abused.
Ms. Hernandez addressed all Council comments.
Mayor Wilson opened the Public Hearing.
Andre Meek, 1327 S. Belair,Apache Junction shared his favor for this code amendment.
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City Council Meeting Meeting Minutes October 1,2024
Catherine Meek, 1327 S. Belair,Apache Junction commented in favor of this change.
Receiving no further comments, Mayor Wilson closed the Public Hearing and asked for a
motion.
I. OLD BUSINESS
J. NEW BUSINESS
14. 24-750 Presentation, discussion, and consideration of the Public Art
Commission's recommendation of approvals of various artist's vinyl
culture public art designs at the library, Multi-Gen Center, and various
traffic cabinet locations. This was previously presented and discussed at
the September 9, 2024 Public Art Commission regular meeting.
Councilmember Johnson moved,seconded by Councilmember Soller that the recommendations
from the Public Art Commission related to the various vinyl public art designs to be located at the
Library,Multi-Gen Center,and various traffic cabinet locations,with the exception of Superstition
and Idaho,and an Apache Junction High School mascot theme located at the Ironwood and
Southern cabinet be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Associate Planner Erika Hernandez introduced Public Arts Consultant Diane Cripe. Ms. Cripe
presented various photos of the proposed window vinyl projects, vinyl banners and cabinet vinyl
wraps. She shared the desires that each artist is portraying and gave explanations for the final
products submitted.
Council comments included their appreciation of all submittals and the talent portrayed through
the projects, concerns with the geometric project being located at the corner of Veteran's
Memorial Park, maintenance and life span of the vinyl products, possibility of including the
Apache Junction High School mascot, and favoring this as a temporary project.
Ms. Cripe addressed all Council concerns and comments.
15. 24-759 Discussion on political signage on and near the Focal Point.
Mayor Wilson commented on the numerous calls he received during the past campaign
regarding the posting of political signs at the Focal Point. Council discussed with City Attorney
Joel Stern the legal options on changing the city code. Council requested Staff research how
other cities handle political signage placement. City Manager Bryant Powell replied Staff will
work on a presentation.
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City Council Meeting Meeting Minutes October 1,2024
K. COUNCIL DIRECTION TO STAFF
16. 24-812 Direction to staff regarding details of an upcoming city council retreat, to
include date, time, and location.
Councilmember Cross moved,seconded by Councilmember Heck that staff be directed to set
details for a city council retreat to include date,time,and location.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Manager Bryant Powell asked for direction on the city council retreat regarding location,
time and date. Councilmember Cross spoke about the lack of attention and time given to the
topics submitted for the agenda at the previous retreat and would like more consideration be
given to these topics submitted by councilmembers. The council agreed to the same consultant
as the previous year and requested to have the retreat at Central Arizona College. Options for
dates will be sent out to the council.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Candace O'Dell, 1557 W. Greasewood, Apache Junction, stated her concerns with the
relocation of the Genesis Project in her neighborhood and her disappointment in the council for
not notifying the residents.
Catherine Meek, 1327 S. Belair Rd,Apache Junction, commented on the need for help with low
income seniors that can't afford food and medication.
Andre Meek, 1327 S. Belair Rd, Apache Junction, expressed the important services the Genesis
Project provides, and the need for the City to enforce consequences on illegal activity which
could affect the residents in that area.
Donna Carr, 2178 W. Virigina St, Apache Junction, shared that she went to see Kari Lake speak
in Gold Canyon recently and discussed with her the use of reclaimed water in the City. She
also commented on the number of mental health facilities in her neighborhood.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:17 p.m.
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City Council Meeting Meeting Minutes October 1,2024
ACCEPTED THIS DAY OF (/C�`�!/�,f�-
, 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS I J7`DAY OF ?C , 2024.
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WALTER"CHIP"WILSO
Mayor
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City of Apache Junction,Arizona Page 8