HomeMy WebLinkAbout2023-09-05 City Council Regular Minutes P City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
t D City Council Meeting Apache Junc ion,AZ
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,September 5,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:01 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
Joel Stern, City Attorney
Jennifer Pena, City Clerk
Michael Pooley, Police Chief
Al Bravo, Public Information Officer
Liz Langenbach, Parks&Recreation Director
Ted Wolf, Public Works Director
Doug Wirthgen, IT Director
Rudy Esquivias, Development Services Director
Sidney Urias, Principal Planner
Nicholas Leftwich,Associate Planner
Erika Hernandez,Associate Planner
D. CONSENT AGENDA
Councilmember Heck moved,seconded by Councilmember Nesser to approve and adopt 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 September 5,2023
1. 23-446 Consideration of acceptance of agenda.
2. 23-447 Consideration of approval of minutes of the regular meeting of August
15, 2023.
3. 23-454 Consideration of approval for an award of contract to Sunland Asphalt&
Construction for the asphalt overlay of the Azure Skies Subdivision. The
work would be through the 1 Government Procurement Alliance
Cooperative Contract No. 22-15P-04 in the amount of$564,803.39 plus
a 10% contingency for unforeseen change orders in the amount of
$56,480.33 for a total project cost not to exceed $621,283.72. Work is
planned sometime within the October-December 2023 time frame.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
4. 23-453 Proclamation designating the week of September 17 through September
23, 2023 as "Constitution Week."
Mayor Wilson read the proclamation designating the week of September 17 through September
23, 2023 as"Constitution Week." Representatives of The Daughters of the American
Revolution-Apache Junction Chapter, were present to accept the proclamation.
F. REGIONAL INTERGOVERNMENTAL UPDATES
5. 23-450 Brief summary of intergovernmental updates from mayor and
councilmembers.
Vice Mayor Schroeder announced the council attended the League of Arizona Cities and Towns
annual conference last week.The topics and discussions were of great value to the entire state.
Mayor Wilson announced he was recognized for his 16 years of service to the city.The topics
were amazing and difficult to choose which ones to attend as sometimes they ran concurrently.
Senator Kelly was present and he was able to discuss the Weekes Wash flooding issue.
G. CITY MANAGER'S REPORT
6. 23-448 City Manager's Report.
City Manager Bryant Powell commented on the 9 Mayors and Councilmembers that were
recognized for 16 or more years of service to municipal government. He spoke on the Weekes
Wash flood control project and work the city has been doing with its state and congressional
delegation.
He spoke on the various updates that have occurred at the Library.
He announced ADOT is seeking public input on the North-South extension and segments of the
major improvement project on SR24.This meeting is scheduled for Thursday, September 14,
2023, from 5:30 p.m. -7:30 p.m. at the Apache Junction Multi-Gen Center located at 1035 N.
Idaho Rd.
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City Council Meeting Meeting Minutes September 5,2023
7. 23-449 Announcement of Current Events.
Public Information Officer AI Bravo announced the Chamber of Commerce is holding a Level-Up
Your Business event that will be held on September 7, 2023, from 8:00 a.m. - 10 a.m. at Central
Arizona College, located at 805 S. Idaho Rd. Room F115.
The Board and Commission application deadline is Friday, September 15, 2023, at 5:00 p.m.
Applications can be completed online through the city's webpage. Interviews will be conducted
on October 16, 2023, at the City Council Work Session and appointments made October 17,
2023, at the regular City Council meeting.
He announced the Dive in Movie September 9, 2023, at 7:30 p.m. will be offered at the
Superstition Shadows Aquatic Center, located at 1091 W. Southern Ave.
H. PUBLIC HEARINGS
8. 23-456 Presentation, discussion, public hearing, and consideration of Ordinance
No. 1537, approving a text amendment and adopting by reference that
certain document titled "2023 Amendments to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-7: Parking, Loading and Circulation Regulations";
repealing any conflicting provisions; and providing for severability. This
request was previously presented and discussed at the City Council
Work Session on July 17, 2023 and at the City Council Public Hearing on
August 1, 2023.
Vice Mayor Schroeder moved,seconded by Councilmember Heck to read Ordinance No.1537 by
title only and the entire reading of the Ordinance be waived. Motion Passed 7-0.
City Clerk Pena read Ordinance No. 1537 by title only.
Vice Mayor Schroeder moved,seconded by Councilmember Soller that Ordinance No.1537,as
read by the city clerk be approved. Motion Passed 7-0.
Mayor Wilson announced that since Agenda items 8 and 9 are related to the same section of
code, he would combine the.presentation and public hearings, but each item will have a
separate motion.
Associate Planner Nick Leftwich presented a summary of the amendments related to parking
regulations. His memo addressed the following:
Through months of discussion, study, and analysis, Staff and the Planning and Zoning
Commission have evaluated the city's parking conditions and needs to draft verbiage to amend
the Apache Junction City Code,Volume II, Land Development Code, Chapter 1: Zoning
Ordinance,Article 1-7: Parking, Loading and Circulation Regulations.
The variety of matters have been presented to the City Council through the cases P-23-15-AM,
which is concerned with the recreational vehicle parking standards, and P-23-16-AM,which is
concerned with the parking requirements for guest parking, accessible parking, motorcycles,
bicycles, and electric vehicles.
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City Council Meeting Meeting Minutes September 5,2023
Having refined a final draft comprising the edits and language agreed upon by the City Council,
Ordinance No. 1537 now proposes to amend the affected portions of Article 1-7: Parking,
Loading and Circulation Regulations with the text provided in the document"2023 Amendments
to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance,Article 1-7: Parking, Loading and Circulation Regulations."The affected portions are
identified in the redlined version of this document, provided as Exhibit#4"Redlined Version:
2023 Amendments to Article 1-7: Parking, Loading and Circulation Regulations."
Draft Resolution No. 23-19 adopts the document entitled "2023 Amendments to 1-7 Parking,
Loading and Circulation Regulations"as public record so that it may be adopted by reference in
Ordinance No. 1537, pursuant to A.R.S. §9-802.
Associate Planner Erika Hernandez then provided an update to council on the amendments to
definitions and regulations related to RV's and trailers. Her staff memo addressed the following:
Per the direction to Staff given by the Planning and Zoning Commission on December 13, 2022,
Staff researched Arizona Revised Statutes'definitions of recreational vehicles, trailers, and toy
haulers and the location in which these vehicles may be parked to provide recommendations for
a text amendment.
On February 14, 2023, Staff provided a brief update with preliminary findings to the Planning and
Zoning Commission. Staff explained that the City utilizes much of the same language when
defining a recreational vehicle as the Arizona Revised Statutes.
On May 9, 2023, Staff presented additional findings to the Planning and Zoning Commission
during a work session. Staff reiterated that the City utilizes much of the same language when
defining a recreational vehicle as the Arizona Revised Statutes.
Additionally, Staff showed recreational vehicle limitations in surrounding municipalities. Staff
recommended against adding or changing definitions, as there currently is no limitation on the
number of trailers that can be stored on a single-family residential lot. Staff also recommended
allowing one(1) additional recreational vehicle with an integrated horse trailer on single-family
residential lots with a minimum of 1.25-gross acres.
RESEARCH
The Arizona Department of Transportation Motor Vehicle Division does not discriminate trailer
type for trailer registration. This means that a camp trailer, park model, travel trailer, and a truck
camper will require trailer.registration, whereas a motor home or any kind of vehicle that is
self-propelled, such as a motorized recreational vehicle with an integrated horse trailer will go
through the same registration process as a motor vehicle.
Ms. Hernandez provided a Recreational Vehicles Regulations in Surrounding Municipalities table
for reference.
PLANNING DIVISION RECOMMENDATION
Though the A.R.S. and the City define horse trailers with integrated living quarters as a
recreational vehicle,the public generally considers these vehicles as trailers. Staff has since
modified the language of the drafted amendment to reflect these changes.As a result, Staff
recommends allowing single-family residential lots with a minimum of 1.25-gross acres to have
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City Council Meeting Meeting Minutes September 5,2023
one(1) non motorized horse trailer with integrated living quarters or one (1) motorized
recreational vehicle with an integrated horse trailer, designed with the intent of transporting
equine.
Though a number of municipalities do not specify a listed limitation for RV parking and storing,
the rationale supporting the limitation recommendation of one(1) is that the City has had a long
history of code compliance cases due to properties misusing single-family residential properties
as storage lots. By providing a number limitation, this initiative strengthens the City's ability to
reduce potential blight, nuisance and code cases.
Staff also recommends simplifying the language in this section in regard to the location
requirement for such vehicles and trailers.The simplification and clarification of text language
will aid in avoiding potential contradictions and misinterpretations.
Staff will also use this opportunity to revise grammatical errors, unrelated to recreational
vehicles, for additional clarity and general ease of understanding.
A draft text amendment to the Apache Junction City Code,Volume II, Land Development Code,
Chapter 1: Zoning Ordinance,Article 1-7: Parking, Loading and.Circulation Regulations has
been provided to apply the above noted proposed changes.
Mayor Wilson opened the Public Hearing.
Donna Carr-Apache Junction resident inquired if a specific lot size would be required for
campers and camp trailers.
Principal Planner Sidney Urias responded that there is not a specific lot size, but there is a
location requirement on the property where these can be kept.The lot size requirement
becomes a factor when there are 2 or more RV's on the property.
George Schroeder-2444 W.Virginia Street,Apache Junction commented on the various
properties throughout town where there are"violations" of the storage requirements and people
living in RV s when it is not allowed in the city.
Andre Meek- 1327 S Belair Road,Apache Junction, thanked council for defining the
camper/truck issue and allowances of the various defined RV's.
Jane Brown-Val Vista Road,Apache Junction, expressed concerns on limiting what people can
do on or with their property.There are larger issues than restricting vehicles on a persons
property.
Comments from council informed the audience they were expanding the allowance not
decreasing it.
With no further comments, Mayor Wilson closed the public hearing.
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City Council Meeting Meeting Minutes September 5,2023
9. 23-457 Presentation, discussion, public hearing, and consideration of Resolution
No. 23-19, declaring as a public record that certain document filed with
the City Clerk and titled "2023 Amendments to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-7: Parking, Loading and Circulation Regulations";
repealing any conflicting provisions; and providing for severability. This
request was previously presented and discussed at the City Council
Work Session on July 17, 2023 and at the City Council Public Hearing on
August 1, 2023.
Councilmember Heck moved,seconded by Councilmember Nesser that Resolution No.23-19,a
resolution of the Mayor and City Council of the City of Apache Junction,Arizona,declaring as a
public record that certain document filed with the City Clerk and titled"2023 Amendments to the
Apache Junction City Code,Volume II,Land Development Code,Chapter 1:Zoning Ordinance,
Article 1-7: Parking,Loading and Circulation Regulations"; repealing any conflicting provisions;
and providing for severability be approved.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
I. OLD BUSINESS
J. NEW BUSINESS
10. 23-458 Presentation and discussion of P-22-6-SD, a request by Superstition
Springs Holdings, LLC, represented by Shantha Kumar, for a
commercial condominium subdivision of eleven (11) suites under the
name "Gold Drive Development," located near the southeast corner of
Gold Drive and Apache Trail.
Associate Planner Nick Leftwich provided an update on the Gold Drive Development since it has
been about 10 years since the prior approvals.
In 2013 Superstition Springs Holdings LLC,the current property owner, requested a rezoning of
the southeast corner of Apache Trail and Gold Drive for the purpose of developing the property
with a medical and office complex, which was approved in the Planned Development Ordinance
No. 1396.
The side was developed with infrastructure, driveways, and pad sites, and one building was
constructed.
The property owner has now applied for a commercial condominium plat so that the property
may be subdivided and that suites of future buildings may be sold individually to different
occupants.
The application has been found to be in compliance with the requirements of Planned
Development Ordinance No. 1396.
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City Council Meeting Meeting Minutes September 5,2023
The proposed final plat for"Gold Drive Development" subdivision, a B-2/PD-zoned, 11-suite,
commercial condominium subdivision located at 99 S. Gold Drive,Apache Junction,AZ 85120,
is approximately located at the southeast corner of Gold Drive and Apache Trail.
Staff has reviewed the final plat for substantial compliance with the requirements of the
approved Planned Development"PD" Ordinance No. 1396 and the standards of the Apache
Junction City Code, Volume II,Land Development Code, Chapter 1: Zoning Ordinance,Article
1-5: Zoning Bulk and Use Regulations, Tables 1-5-3 and 1-5-4; and Article 1-4:Zoning Districts,
Section 1-4-3 Planned Development("PD") Overlay District, and Chapter 2: Subdivision and
Minor Land Division Regulations.
PD Ordinance No. 1396 condition of approval number eight(8) required that"a separate
commercial subdivision process shall be required should the developer desire to create units for
individual sale after rezoning. It is the responsibility of the developer to develop the property with
the appropriate infrastructure systems to facilitate a possible future subdivision, or else
improvements may need to be retrofitted later for a subdivision project, at the developer's
expense."
Reviews from Staff and utilities, including sewer and water, and fire district staff have found that
the appropriate level of infrastructure has been provided.
Overall, the final plat represents the development intention reviewed in the rezoning by planned
development case PZ-6-13 and approved in the associated PD Ordinance No. 1396. Planning
Staff recommends the approval of the final plat, subject to the final recording-related items listed
in the resolution.
Councilmember Johnson inquired about the parking.
This item was for presentation and discussion only.
11. 23-357 Presentation and discussion of procurement and subscription services
for 101 APXN 70 portable radios in the amount of$837,308.60 and 24
APX 6500 mobile radios in the amount of$174,551.52 from Motorola
utilizing the State Cooperative Contract#CTR046830 for a total amount
not to exceed $1,011,860.12. This expenditure was approved in the
FY2023/24 Budget.
Chief Pooley stated the Police Department is needing to update the current radios for the
officers and vehicles.The radios they have now are about 15 years old. The technology has
changed significantly and the current equipment will not be able to be upgraded.The new radios
will track using GPS,just like a cell phone.The purchase is for 101 handheld radios and 24
vehicle replacement radios.This equipment replacement is funded through the city's Capital
Improvement Projects general fund in an amount of$842,763.60. There is a credit or refund
from ARPA funds in the amount of$143,250.00.
Vice Mayor Schroeder inquired about the Intergovernmental Agreement(IGA)with the Town of
Gilbert when the city acquired newer radios through that agreement, in exchange for sharing our
shooting range. The equipment from Gilbert will not be able to be updated with this new
technology.
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City Council Meeting Meeting Minutes September 5,2023
Councilmember Cross inquired on the costs after the one year promo deal. He asked if there
were any other companies providing similar products, and inquired about the use of Verizon for
the provider.Verizon technology degrades inside building structures. He inquired about the sale
price.
Chief Pooley stated there is a one year trial period and there are features they will be able to
select based on the city's use and need. This one year trial period will help PD determine which
features they use most. Chief Pooley stated Motorola is the largest manufacturer and industry
leader of this product.Verizon or AT&T are available, but the radios actually work on the radio
network and the LTE network for cell phones is a back up.
This item was for presentation and discussion only.
12. 23-444 Presentation, discussion,.and consideration of procurement of police
shooting range cover from Covershots Mobile Canopies International, a
sole source procurement, in an amount not to exceed $139,079.05.
Councilmember Soller moved,seconded by Councilmember Nesser to approve the purchase of
the police shooting range cover from Covershots Mobile Canopies International in an amount not
to exceed$139,079.05.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Chief Pooley recapped the discussion that was held at the August 15, 2023, city council meeting
regarding the mobile shooting canopy for the gun range.This canopy will allow extended use of
the gun range year round. He stated it is 104 feet in length, 20 feet deep and will allow for 20
shooting stations. Chief Pooley also provided information on the cost of a stationary cover. He
stated after contacting various companies to acquire estimates,the overall comments were that
it would be significantly more, due to the amount of steel that would be required, possible site
engineering and fabrication,that it could run so high that an indoor range would then be
considered.
13. 23-462 Presentation and discussion of proposal from Fire Security Electronics &
Communications, Inc. (FSEC)for upgrade of video surveillance system
for city facilities in the amount of$249,904.94.
IT Director Doug Wrthgen provided council with background on the city's current safety and
surveillance systems. The city currently has 160 cameras installed on city owned and leased
properties. Of the 160 cameras, 26 older units need to be replaced, and 5 new cameras must
be purchased to properly manage video coverage. The 165 cameras in service will be added to
the new Avigilon Alta system with a 3-year renewable subscription.The implementation of this
upgrade with its easy-to-use interface for recording discoveries will enable one system citywide
for dispatch monitoring.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
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City Council Meeting Meeting Minutes September 5,2023
M. CALL TO PUBLIC
Edward Ohly, 2364 N.Apache Trail,Apache Junction, addressed the traffic safety issue near
his residence,which included the constant speeding, lack of a full guard rail and the close
proximity of these safety concerns to his home. He asked if the city could look at the situation
and determine if there is anything the city can do.
Donna Carr, 2178 W.Virginia Street,Apache Junction,would like to see the city attract better
businesses. The lack of"quality"shops for the residents is an issue.
George Schroeder, 2444 W.Virginia Street,Apache Junction, spoke on using someone's name
when, as he sees it, that someone is a problem to the city. He said everyone is breaking the
law,they point the finger at each other and he wondered where it all ends. He complained about
code enforcement and city employees. The city will be in debt in the near future with all the
spending.
Andre Meek, 1327 S. Belair Road,Apache Junction, commented on an article he read that Mesa
will reduce the width of Apache Trail to put in bike lanes and sidewalks to Meridian, and
wondered if the city would be doing the same.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:17 p.m.
ACCEPTED THIS DAY OF wl &1 , 2023, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS/—DAY OF A'I&l , 2023. /
WALTER"CHIP"WILS
Mayor
ATTE
G.
EN IFER PENA
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the City Council of the City of Apache Junction,Arizona, held on the
Jr day of 2023. I further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of b tA 12023.
CJJIFER PENA
City Clerk
City of Apache Junction,Arizona Page 9