HomeMy WebLinkAbout2023-10-03 City Council Regular Minutes At1fi. Meeting:location:
City-of Apache Junction, Arizona
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
'lgt� Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,October.%2023 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.
Vice Mayor Schroeder gave.the invocation and Councilmember Heck 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
Al Bravo, Public Information Officer -
Michael Pooley, Police Chief
Rudy Esquivias, Development Services Director
.Ted Wolff, Public Works Director
Liz_Langenbach, Parks&Recreation Director
Emile Schmid City Engineer
Evie McKinney,_Deputy City Clerk
D. CONSENT AGENDA
Vice Mayor Schroeder 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:- b
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City.Council Meeting Meeting Minutes October 3,2023
1. 23-434 Consideration of acceptance,of agenda.
2. 23-435 Consideration of approval of minutes-of the-regular meeting of
September 19, 2023.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
3. 23-500 Proclamation designating the week of October.16 through October 22,
2023 as"Arizona Cities and Towns Week".
Vice Mayor Schroeder read and presented the Proclamation designating the week of October 16
through-October 22, 2023, as"Arizona Cities and Towns-Week."
4. 23-508 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 Michael Pooley.with the Apache Junction Police
Department. Chief Pooley thanked the Mayor and Council for recognizing this important issue,
that is dealt with on a consistent:basis across the country. He also shared the various
organizations that offer support for this cause, and complimented the Mayor and Council on the
wearing of purple shirts.at this meeting:.
5. 23-509. Proclamation designating the week of October 23-31, 2023 as "Red
Ribbon Week."
Councilmember Heck read.the Proclamation designating the week of October 23 through 31,
2023, as"Red Ribbon Week". Chief Michael Pooley accepted the Proclamation and thanked
the Mayor and Council for recognizing this important initiative. He recognized the Apache
Junction Police Officers in attendance, and requested they join_ him with the Mayor and
Councilmembers in a photo::
F. REGIONAL INTERGOVERNMENTAL UPDATES
6. 23-436 - Brief summary of intergovernmental updates from mayor and
councilmembers..
Councilmember Soller recognized the Apache Junction Police:Department and staff for wearing
pink in honor of Breast Cancer Awareness Month during_October, 2023.'
He also gave an update on the National Faith and Blue weekend, and invited the public to join in
the resolution and reconciliation during this event. This-is being hosted-in an effort to build.
bridges and break biases.A toy drive is being offered by-the Apache Junction.Police Department
at the Mountain View.Lutheran Church on Saturday, October 7, 2023, 9:00"a.m.to.11:00 a.m.,
located at 2122 S. Goldfield Road, and a community picnic is being held on Sunday, October 8,
2023, from.12:30 p.m. to.2:30 p.m., hosted by the Church of the Pentecost-and Amazing Grace
Presbyterian, located at 1180 E. Broadway Avenue. .
Vice Mayor Schroeder gave an update on.a recent forum that was paneled by himself, the Pinal
County Supervisor, Pinal:County Attorney, Mayor Wilson,and City Manager Bryant Powell.
Mayor .Wilson also added.the.statistics that were shared at this meeting regarding gun violence,
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City Council Meeting Meeting Minutes October 3,2023
Councilmember Heck attended a Pinal County Housing Round Table with City Manager Bryant
Powell and Management Analyst Robert Wisler. Presentations were given to help cities learn
how to plan and.offer more affordable housing, and explore the various opportunities and
organizations that could assist with that. -
Make A Difference Day is an opportunity to address areas of blight and needed improvement
within the City. This will be held on Saturday,October 7, 2023,from 8:00 a.m. to 11:00 a.m. All
participants will meet at the City Focal Point.
Mayor Wilson attended a groundbreaking ceremony at the Apache Junction Central Arizona
College campus. Due to upcoming new programs being offered by the college, some of the old
buildings are being torn down and new.buildings will be added.
Mayor Wilson also invited the public to attend the Rodeo Grounds Key Transfer event.on
October 6, 2023,.from 5:30 p.m.to 730 p.m. ,The City has purchased this land from the Bureau
of Land.Management, and will now be able to offer more great opportunities for the community.
Mayor Wilson also attended a butterfly release at the Apache Junction Library. This was a
program offered to children to be involved from the beginning stage of a caterpillar to completion
of cycle into a butterfly, and the release of the butterfly event was well attended.
G. CITY MANAGER'S REPORT
. 7. 23-437 City Manager's Report.
City Manager Bryant Powell thanked the Mayor and Council for their support to the Domestic
Violence Awareness effort.
He commented on the anticipated improvements at the Central Arizona College Apache
Junction campus and the benefits of these new buildings and programs being offered for .
specific trades. Our community and residents will benefit from this with high quality and higher
paying jobs, along with the low debt ability for our youth to obtain an excellent education.
He recognized the Finance Department for achieving the Distinguished.Budget Presentation
Award from the Government Finance Officers Association (GFOA), and thanked the Finance
Director Leslie DeReche and staff for their efforts.
Chamber of Commerce held.the Superstition Open Annual Golf Tournament on Friday,
September 29th, 2023. Several community members and city staff participated in the event.
8. 23-438 Announcement of Current Events..
Public Information Officer Al Bravo covered details regarding Make A Difference Day, Saturday,
October 7, 2023..Participants will meet.at the City Focal Point at.7:45 a.m. for directions on
projects, and will receive a t-shirt.
Phoenix New Times has spotlighted the Superstition Ridgeline Trail as their"Best of Phoenix
Edition" hard hike in the valley.
Seed Up Meet Up is a program offered through the Apache Junction Library and Horizon Health
and Wellness. More details can be.found on the Library website at ajpl,org.=
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City Council Meeting Meeting Minutes October 3,.2023
Many other events can be found_on the city website at apachejunctionaz.gov, and
encouragement was given for everyone.to sign up and receive the weekly newsletter at
apachejunctionaz.gov/newsletter.
H. PUBLIC HEARINGS
9. 23-507 Public hearing and:consideration on the Fourth Amendment to Economic
Development Agreement Between City of Apache Junction and
Mehmood Mohiuddin as owner of the Hitching Post.
Councilmember Cross moved,seconded by Vice Mayor Schroeder that the Fourth Amendment to
the Hitching Post Development Agreement be approved.
Yes: 5- Mayor Wilson, Vice Mayor Schroeder,. Councilmen: ber Nesser, Councilmember
Cross and Councilmember Soller
No: 1 - Councilmember Heck
Recused: 1.-. Councilmember Johnson
Councilmember Johnson.recused herself from this item action.
City Manager Bryant.Powell presented the update to the Fourth Amendment with the Hitching
Post.
Councilmembers had no concerns for discussion:
Mayor Wilson opened the Public Hearing.
George Schroeder, 2444 W.Virginia Street,Apache Junction, questioned if the 8 events are .
strictly for bull riding.or can other types of occasions be held? He.has concerns that not all
businesses are being held to the same standards regarding compliance of building.code
requirements.
City Manager Bryant Powell confirmed-the new agreement of the 8 additional events are not
strictly.for bull riding.
Donna Carr, 2178 W. Virginia Street,Apache Junction, suggested other activities for youth be
offered within these 8-added events.
Timothy O'Toole, 2178 E. Foothill Street,Apache Junction, queried if discussion tonight would
cover the right of way request for the property involved with the. Fourth Amendment Agreement.
He has great concern regarding this right of way due to access:on his private property. He
complained he was not notified or invited to this meeting.tonight. He is strongly opposed to any -
expansion for this business,:and shared his varied reasons.
Richard Beavers,2225 N. Cortez Road,Apache Junction,'expressed his opposition to any
expansion:to the Hitching Post.. He has lived with the noise from the establishment for the past
6 years and does_not want it anymore. He also commented on not receiving an invitation to this
meeting until this morning in his mail. .. .
Bonnie,Goldsbury, 2320 N.Apache Trail,Apache Junction, shared her concerns regarding the
attention citizens are giving to the noise level from the Hitching Post,when the traffic:on
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City Council Meeting Meeting Minutes October 3,2023
Highway 88 from vehicles pulling boats as well as all the ATV's creates much more noise than
the establishment. She referenced the importance and sustainability of rodeo, and she is in
favor of more events such as this at the Hitching Post. She commented on the upcoming
events to be held at the Rodeo Grounds,just around the corner from the Hitching Post, and
questioned the noise to be expected from that venue.
Gail Evans, 913 S. Del Rio Court,Apache Junction, questioned the total of 8 additional events.
She shared statistics of the current amount of events and how they impact residents to the east
of the business. She expressed concerns on the lack of fire suppression and equipment that is
not currently installed at the Hitching Post. She questioned if staff will be completing inspections
prior to these additional events. She also stated she did not see anywhere in the agreement how
enforcement will be given if the business owner is non-compliant. She recalled a previous
Fourth Amendment Agreement that addressed several conditions, of which the business owner
failed to complete regarding the required changes.
Jane Brown, 35 Val Vista Road,Apache Junction, commented on the need for our youth to have
events like these offered at the Hitching Post to attend,and the expansion of these events will
build on our horse community and she is in favor.
Andre Meek, 1327 S. Belair Road,Apache Junction, stated he drives past this establishment
everyday and sees the traffic issues. He supports the idea of offering more events for the youth
in our community, but has concerns with the approach the owner of the business is taking
regarding compliance requirements and stated this business should be treated the same as any
other and be held to the same standards. If there is a concern with the noise he suggested
completing a decibel test.
Receiving no further comments Mayor Wilson closed the Public Hearing.
Councilmembers continued with discussion on the following topics:
Types and number of events allowed, special event process, noise level concerns, economic
value brought to the community, allowable event hours, current compliance status of the
business, benefits of rodeos in raising polite young adults, design of the intersection and traffic
concerns, previous events held without a development agreement, regulations covered under
this agreement, zoning for this type of business, safety concerns with occupancy and fire
suppression system, and lack of water volume to accommodate fire sprinklers.
After Council discussion, Mayor Wilson re-opened the Public Hearing.
Timothy O'Toole, 2178 E. Foothill Street,Apache Junction, strongly urged attention be given to
the right of way abandonment included in this agreement.This has not been addressed tonight,
and he has great concern on this, because currently traffic is allowed to cross his private
property due to the design of the right of way. If the right of way is granted to this business
owner then Mr. O'Toole expects to receive the same grant of property to avoid the current issue
of traffic crossing through his property. He commented on the suggestions for the intersection
redesign and how that would be paid for. He has great concern for the ability of drivers in this
intersection due to alcohol.
Mr. Powell announced this amendment is a mechanism for council to have further discussion
and public hearings relating to the right of way abandonment.
Donna Carr, 2178 W.Virginia Street,Apache Junction, inquired why the junior rodeo events are
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City Council Meeting Meeting Minutes . October 3,.2023
not being held at the rodeo grounds,where the.City would make full profit rather than receiving a.
portion from a business owner hosting the events,She.commented that everyone should have
to follow all codes and remain in compliance.
Mayor Wilson closed the Public Hearing.
Council added:
The intersection of:Lost Dutchman and State Route 88 is not the responsibility of the City, it is
owned and maintained by the Arizona Department:of Transportation (ADOT). Requests by the
City can be made to ADOT to complete traffic studies and possible improvements to the area.
Mayor Wlson commented, prior to his vote, that the business owner needs to be held
accountable to the zoning requirements, and be actively pursuing compliant status, including the
noise level.
At the.completion of Vote and.Roll Call, Councilmember Johnson returned to.the dais.
I. OLD BUSINESS
J. NEW BUSINESS
10. 23-460 Presentation, discussion, and possible consideration of contract with
Dick and.Fritsche Design Group (DFDG) in an amount of$169,300.00,
plus'a contingency of$25,700.00 for a total not to exceed $195,000.00
for long-term master planning services for city facilities: This item was
.approved as part of the FY2024 budget.
Vice Mayor Schroeder moved,seconded by Councilmember Soller that the contract with Dick and
Fritsche Design.Group for long-term master planning services.for city facilities in an amount not to
exceed$195,000.00,approved in the Fiscal budget of 2024,be approved.
Yes: 7- Mayor Wilson, Vice Mayor:Schroeder, Councilmember Nesser, Councilmember
Heck,.Councilmember Johnson, Councilmember'Cross and Councilmember
Soller
No: 0
Assistant City Manager Matt Busby introduced Sue Billings with Elevated Design Studio, (EDS)
to present Phase-ll of.the Capital Improvement Master Plan for multiple municipal buildings and
sites..This will include the space.needs for the new development to the south of Apache
Junction.
11. 23-514 Presentation, discussion, and possible consideration of contract with
Sunland Asphalt for parking lot and sidewalk/curbing work in various
locations throughout the parks.The work would be through the 1 GPA
Cooperative Contract, in an amount hot to exceed $350,000.00 per year.
The projects will be in fulfillment of general fund projects as well as
projects associated with-the Land Water Conservation Fund grant.
Councilmember.Cross.moved,seconded by,Councilmember Soller that the contract with Suniand
Asphalt for various projects such as parking lot and sidewalk/curbing work in various city parks,
and other_general fund projects associated with the Land Water Conservation Fund grant in an
amount no to:exceed$350,00.0.00 per year,to be executed starting October.3,2023,through June
30,2024,be approved.
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City Council Meeting Meeting Minutes October 3,2023
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Parks and Recreation Director Liz Langenbach presented the Sunland Asphalt contract, for
various parking lot and sidewalk and curbing work throughout the City's parks. This would be an
umbrella contract for the entire year, rather than requesting council approval for every project.
Ms. Langenbach explained several of the projects planned for the upcoming year. Staff is
requesting approval for the contract, in an amount not to exceed$350,000.00.
Council items of discussion included a correction to the dates in the contract, term of the
contract, contingency fund clarification, and budget funding.
City Attorney Joel Stern clarified the date correction to the term of the contract be October 3,
2023,through June 30, 2024.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Gail Evans, 913 S. Del Rio Court,Apache Junction, shared an announcement of the upcoming
Make A Difference on Saturday, October 7, 2023. Participants are asked to meet at the City
Focal Point at 7:45 a.m., and the event will be from 8:00 a.m.to 11:00 a.m. Free T-shirts will be
given.
Devon Kling, 1928 W. 9th Avenue,Apache Junction, commented on an incident involving him
being followed by an Apache Junction Police Officer. He is frustrated with the City's process of
communication, and does not feel his concerns were addressed appropriately.
Donna Carr, 2178 W.Virginia Street,Apache Junction, expressed her condolences for Maria
Johnson with Good Shepherd. She also shared her concerns regarding squatters at a
neighbor's property and connecting to utility services illegally. Code Enforcement was
contacted, but arrived at the wrong address.There are non-compliant code issues that really
need to be looked into. She again shared her favor of adding events for the younger generation
through the Hitching Post Agreement, and suggested possibly offering more events at the
Rodeo Grounds.
George Schroeder, 2444 W.Virginia Street,Apache Junction, expressed his frustration with the
decision Council made tonight regarding the Fourth Amendment Agreement for the Hitching
Post. He voiced his opposition to the road improvements in the planning stages with the
north/south corridor, and has concerns with this project creating a new road tax, as well as
separation from open land due to all the new homes and development that will follow.
Timothy O'Toole, not present.
Jane Brown, 32 Val Vista Road,Apache Junction declined to speak.
Andre Meek, 1327 S. Belair,Apache Junction, commented on the topics of discussion this
evening. He also shared his support for the passing of the Fourth Amendment Agreement for
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City Council Meeting Meeting Minutes October 3,2023
the Hitching Post, but is concerned about compliance of the codes being adhered by the
business owner.
Mayor Wilson requested staff connect with Mr. Kling, and also complete research on code
compliance concerns with unpermitted units.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:54 p.m.
ACCEPTED THIS DAY OF &4&r 2023, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF , . , 2023.
WALTER"CHIP"WILSON
Mayor
ATTEST:
t
JE NIF R PENA
City erk
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
day of CJi"A&V , 2023. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this M day of cy 2023.
" L:�t�k - J ,
JE NI ER PEN
City Ierk
City of Apache Junction,Arizona Page 8