HomeMy WebLinkAbout2024-03-19 City Council Regular Minutes "IH City of Apache Junction, Arizona Meeting location:
City Council Chambers
u at City Hall
Meeting Minutes
300 E.Superstition Blvd
City Council Meeting Apach 85119
ion,AZ
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,March 19,2024 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 Soller led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 6- Mayor Wilson
Vice Mayor Schroeder
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Excused: I - Councilmember Nesser
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby,Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Michael Pooley, Police Chief
Rudy Esquivias, Development Services Director
Ted Wolff, Public Works Director
Liz Langenbach, Parks& Recreation Director
Evie McKinney, Deputy City Clerk
Sidney Urias, Planning Manager
Kelsey Schattnik, Senior Planner
Nicholas Leftwich, Planner
D. CONSENT AGENDA
Councilmember Soller moved,seconded by Councilmember Heck to approve the Consent
Agenda.
Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 0
City of Apache Junction,Arizona Pagel
City Council Meeting Meeting Minutes March 19,2024
Excused: 1 - Councilmember Nesser
1. 24-069 Consideration of acceptance of agenda.
2. 24-071 Consideration of approval of minutes of the regular meeting of March 5,
2024.
3. 24-087 Consideration of approval of Resolution No. 23-37, a Federally Patent
Easement(FPE) Extinguishment of 7th Avenue (alignment) from
Conestoga Road to Cortez Road for purpose of future development with
the acknowledgement that current setbacks remain in place until the
Utility Easements are Extinguished.
4. 24-089 Consideration of approval of Resolution No. 24-05, a Federally Patent
Easement(FPE) Extinguishment of Roundup Street(alignment) for
purpose of future development of undeveloped parcels inside the
Apache Junction Town Home Development.
5. 24-139 Consideration of award of contract to Viasun Corporation for sidewalk
and traffic signal pedestrian facility improvements at the intersection of
Southern Avenue and Ironwood Drive. The work would be through Pinal
County cooperative job order Contact No. 175623 in the amount of
$267,793.64 plus at 10% contingency for unforeseen change orders in
the amount of$26,779.36 for a total project cost not to exceed
$294,573.00. Work will result in updated pedestrian facilities and
compliance with Americans with Disabilities Act regulations. Work is
planned to take place in the April-June 2024 time frame.
6. 24-150 Consideration of approval of Resolution No. 24-12 authorizing the city to
terminate the agreement with Maricopa Regional 911 and to apply for
and accept a reimbursement grant for costs associated with AT&T
Telecommunications for equipment, maintenance and operations of the
City of Apache Junction's Public Safety Answering Point.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
7. 24-130 Proclamation designating March 29, 2024, as "Vietnam War Veterans
Day."
Mayor Wilson read the Proclamation designating March 29, 2024, as"Vietnam War Veterans
Day"and presented it to members of the VFW Post#9399 and#7968. Each veteran gave a
brief introduction about their military history and time served and thanked the Mayor and Council
for recognizing the day. Mayor Wilson also spoke of his experience during the war.
8. 24-138 Proclamation designating the week of April 2nd - 8th, 2024 as
"International Dark Sky Week."
Mayor Wilson read the Proclamation designating the week of April 2nd- 8th, 2024, as
"International Dark Sky Week."
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes March 19,2024
Senior Planner Kelsey Schattnik and Planning Intern Addison Kaufman accepted the
proclamation. Mr. Kaufman thanked the Mayor and council for recognizing this event for the
second year and gave an update on the Urban Night Sky Place initiative.
F. REGIONAL INTERGOVERNMENTAL UPDATES
9. 24-073 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Heck shared that the 2024 Lost Dutchman Days event was the most
successful year yet and raised$245,000.00 that was distributed to youth organizations within
the city. He thanked city staff members for all their help before, during, and after the event.
Councilmember Soller, Mayor Wilson and Councilmember Cross attended the grand opening of
the NAU Workforce Building at Phoenix Mesa Gateway airport,where students will learn all
areas of the hospitality industry. Mayor Wilson added that the building is expected to be
completed by Fall 2024, and there will also be a restaurant there for students to have hands on
experiences. He also stated there will be several new facilities opening at the airport over the
next year and this will bring thousands of job opportunities.
Mayor Wilson attended the Pinal County Fair and visited with the Apache Junction 4H group.
Mayor Wilson announced up-coming events for March 23 and 24, 2024, the Thunderbirds will be
putting on an aerial display and the Arizona Game and Fish Expo is taking place.
G. CITY MANAGER'S REPORT
10. 24-074 City Manager's Report.
City Manager Bryant Powell shared the success of the Lost Dutchman marathon on February
17, 2024. The total amount of participants went up by 11%and he recognized city staff for their
efforts with this event.
11. 24-067 Presentation and discussion by Tony Smith from Pinal Partnership
regarding new projects and future plans.
Pinal Partnership President Tony Smith presented the purpose of the non profit organization and
how it can help the cities in Pinal county. He went over past projects they have worked on
including assisting in the 2022 transportation ballot election, partnered with the county to create
interactive map viewers and printing updated wall maps. He also spoke about their current
projects: renewing the existing 1/2 cent Transportation Maintenance Fund, Fall 2024 golf
tournament and"Emerging Leaders Initiative"for 2024 with networking events and forums.
12. 24-104 Presentation and discussion with Mary Ann Przybylski, President/CEO of
the Apache Junction Chamber of Commerce, on the operation of the
local visitor information center.
President/CEO of the Apache Junction Chamber of Commerce Mary Ann Przybylski gave an
update on the Visitor Information center. She highlighted what the center provides and
introduced the 11 volunteers that help run it. They had a steady increase in visitors from 2022 to
2023 for a total of 10,349,which includes local, out of state and foreign visitors. They also
received 3,508 phone calls in 2023.
City of Apache Junction,Arizona page 3
City Council Meeting Meeting Minutes March 19,2024
Councilmembers commended Ms. Przybylski for her efforts with the Visitor Center and all the
events they hold for the city.
13. 24-077 Announcement of Current Events.
Management Analyst Eli Richardson shared upcoming events:
Itty Bitty Olympics on Saturday, March 23, 2024, 10:30 a.m. - 12:00 p.m. at Flatiron Park
"Easter Egg Hunt on Saturday, March 30, 2024, 8:00 a.m. - 12:00 p.m. at Prospector Park
"Open House Meeting regarding the Road Maintenance and Improvement Fund on Tuesday,
March 26, 2024, 5:00 p.m. -7:00 p.m. at the Multi-Gen Center located at 1035 N Idaho Rd,
Apache Junction
"For more information and to sign up for the weekly newsletter visit the city website at
www.apachejunctionaz.gov
H. PUBLIC HEARINGS
14. 24-163 Presentation, discussion, public hearing and consideration of Resolution
No. 24-11, declaring as a public record that certain document filed with
the City Clerk and entitled "Legal Descriptions and Zoning Conditions of
Case No. P-23-119-PZ, (applicant: Frances McGregor of Phoenix Metro
Towing) authorized under Ordinance No. 1548 for a Planned
Development Rezoning, repealing any conflicting provisions and
providing for severability.
Councilmember Johnson moved,seconded by Councilmember Soller that Resolution No.24-11 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 entitled"Legal Descriptions And
Zoning Conditions of Case No.P-23-119-PZ authorized under Ordinance No.1648"be approved.
Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 0
Excused: 1 - Councilmember Nesser
Planner Nicholas Leftwich presented the following:
BACKGROUND
Parcels 102-20-014C & 102-20-014D are located approximately six-hundred-ten feet(610')from
the northwest corner of Baseline Avenue&Tomahawk Road and are vacant, undeveloped
properties.
Originally both parcels were one combined parcel, but in 1989 the City annexed, rezoned, and
acquired the south one hundred feet(100')of properties along Baseline, between Tomahawk
and Royal Palm, to establish the right-of-way for Baseline Avenue. It was later determined that
only the south fifty feet(50) of this area was required, and the remaining north fifty feet(50')was
vacated and returned to private ownership, resulting in the creation of Parcel 102-20-014D.
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes March 19,2024
Although Parcel 102-20-014D has an existing Planned Development(PD) Rezoning, there is no
established development plan, and this proposed zoning action would replace the current PD
with a new Ordinance.
PROPOSALS
P-23-119-PZ is a proposed planned development rezoning of approximately 5 gross acres
currently zoned General Rural Low Density Single-Family Detached Residential("RS-G R") and
Industrial by Planned Development("B-5/13D")to Industrial by Planned Development("B-5/PD")
with a new planned development overlay to authorize the development of a towing company
office and tow yard. The applicant proposes two buildings, an 11,800 square foot office building
and a 6,400 square foot building to be used for fleet maintenance of the company vehicles. The
rear half of the property would be an impound tow yard, proposed to be screened by a ten-foot
(10')wall.
PLANNED DEVELOPMENT REQUEST
The applicant requests the use of a planned development to authorize the use of the office,
vehicle maintenance building, and outside storage yard. In the B-5 zoning district, truck
maintenance&servicing and outside storage requires the approval through either a Conditional
Use Permit or through stated approval in a Planned Development(PD) ordinance, and as the
property required a rezoning already the approval of this development plan is also requested
through a PD at this time.
The applicant has also requested the approval of the use of a ten-foot(10) perimeter wall,
proposed would be located on the side and rear property lines.The city fence and wall
regulations generally limit walls at the front of the property to eight feet(8') in height and require
that a wall over eight feet(8)would be placed at least ten feet(10')into the side and rear
property lines. Staff supports this request as a matter of providing superior screening to the
property than the basic standard generally enables.
No deviation to the zoning land use or bulk regulations is requested in this proposal.
PLANNING STAFF ANALYSIS
Relationship to General Plan:The subject site is designated by the city's General Plan as
"Commercial",while bordered by the"Light Industrial/Business Park and Industrial" land use
designation on the east and west, the"High Density Residential" Land Use Designation to the
north and the"Master Planned Community"to the south.
The"Commercial"General Plan land use designation is generally designed for office,
restaurant, retail, service industry type land uses, but although the proposed office would fit
within this land use designation the tow yard is a more industrial-type use,which is further
enforced in the zoning district requirements. Due to this, in order to facilitate this development,
request for a Minor General Plan Amendment to modify the land use designation of the subject
property from"Commercial"to"Light Industrial/Business Park and Industrial"is required and
requested.
In Planning staffs analysis of this location and the proposal, they believe this proposed
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes March 19,2024
development plan utilizes a historically vacant property in a manner that complies with the
General Plan by meeting the following General Plan Goals& Policies:
• Policy 5.1.1 -Strategically identify infill opportunity sites that can accommodate office,
industrial, entertainment, retail, and housing and mitigate barriers to development.
• Policy 5.1.4- Encourage the protection and expansion of the land designated in the general
plan specifically for employment and ensure they are preserved along transportation corridors or
in prime business cluster locations that will maximize the impact and economic potential for
those businesses and employment centers. Discourage any uses that bring little or no value to
the community(such as RV Parks, RV storage, mini storage lots and seasonal residential
units).
If the subject proposal were only a tow yard, Planning staff would not generally recommend in
favor of a new tow yard per the general policies discouraging space-intensive uses that are not
activity centers or economic drivers. The applicant's proposal addresses these concerns and
the general plan policies by allocating a significant area to include an office and shaping the
proposal to preserve employment opportunities within the city.The proposal develops a vacant
site with landscaping, screening for the tow yard, and buildings compliant with our design
standards, overall offering an improvement to the property.
Furthermore, as the applicant's current primary business location within the city is located along
Apache Trail, centering their operations and facilities in an industrial area keeps like-uses
clustered and reduces the focus and intensity of their operations along our main economic
corridor.
The Planning and Zoning Commission recommends to the Apache Junction City Council the
approval of planned development rezoning case P-23-119-PZ, a request by Frances McGregor,
Phoenix Metro Towing to rezone Parcels 102-20-014C& 102-20-014D, located near the
northwest corner of Baseline Avenue Boulevard and Tomahawk Road, from General Rural Low
Density Single-Family Detached Residential("RS-G R")and Industrial by Planned Development
("B-5/PD")to Industrial by Planned Development("B-5/13D")with a new planned development
overlay to authorize the development of an office and tow yard, subject to the following
conditions of approval:
1)The development shall reflect substantial compliance and consistency with the city's zoning
ordinance and the planned development plans presented in case P-23-119-PZ, incorporated by
reference herein, and as otherwise specified through these conditions of approval,to include
layout, elevations, setbacks, public and private rights-of ways, perimeter walls, landscaping and
other improvements.
2)The building architecture of any future phases shall be architecturally consistent with the
presented conceptual architecture approved in case P-23-119-PZ.
3)The front decorative screen wall must architecturally complement the approved building
architecture.All other opaque screen walls located at the side and rear must at minimum be
painted or stained with an earth tone color.
4) Street improvements on East Baseline Avenue, including, but not necessarily limited to, the
City of Apache Junction,Arizona page 6
City Council Meeting Meeting Minutes March 19,2024
extension of pavement and the provision of sidewalk, curb, gutter, streetlights, underground
utilities,fire hydrants, and landscaping shall be required as part of this planned development
project, and subject to review and approval by the city engineer.
5)All applicable permits shall be applied for and plans shall be designed to current city codes.
Inclusively, all applicable development fees, including public art fees, shall be paid at the time of
permit issuance.
6) Major deviations or proposed changes from the original plans associated with this case will
require a major planned development amendment.The Director or their designee shall interpret
the proposed modification to be significant/major if, in the Director or Designee's opinion, the
quality of project design is diminished, the types of proposed land uses are significantly altered
and/or the overall character of the project is contrary to the intent and spirit of the original City
Council PD ordinance approval.
7)All perimeter walls/fences, and interior/exterior landscaping within and immediately adjacent
to the proposed development, shall be owned and maintained in good condition at all times by
the property owners. The developer may secure the walls with security wall spikes or equivalent
security features, but barbed wire or concertina razor wire shall not be placed on top of the
fence or be visible from the public right-of-way.
8)The proposed vehicle impound storage areas within the development shall be ground
surfaced for dustproofing purposes to meet the city's requirements, as outlined in the attached
City of Apache Junction Ordinance 1316.
9)After the rezoning,the lots APN 102-20-014C& 102-20-014D shall be combined through the
city's lot combination process.
10) Impounded vehicles shall not be stacked on top of each other such that they are visible from
the public right-of way. Storage shall not be visible from the public right-of-way.
Phoenix Metro Towing representative Alex Hayes presented on why they are requesting the
move to a larger area and how it would benefit the city to retain a key employer and help fulfill the
needs of a growing populace.
Councilmembers commented about the lighting in the tow yard and how pleased they were with
the answers to their questions from the presentation at the work session meeting.
Mayor Wilson opened the public hearing.
Donna Carr, 2178 W Virginia St,Apache Junction, expressed concerns about chemicals leaking
from the cars being towed in and the lighting from the tow yard.
Mayor Wilson closed the public hearing.
City of Apache Junction,Arizona page 7
City Council Meeting Meeting Minutes March 19,2024
15. 24-143 Presentation, discussion, public hearing and consideration of Ordinance
No. 1548, Case P-23-119-PZ, a proposed planned development
rezoning requested by Frances McGregor of Phoenix Metro Towing to
rezone Parcels 102-20-014C & 102-20-014D, approximately 5 gross
acres currently zoned General Rural Low Density Single-Family
Detached Residential("RS-GR") and Industrial by Planned Development
("B-5/PD") to Industrial by Planned Development("B-5/PD")with a new
planned development overlay to authorize the development an office and
tow yard.
Vice Mayor Schroeder moved,seconded by Councilmember Johnson that Ordinance No.1548 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
City Clerk Pena read Ordinance No 1648 by title only,repealing any conflicting provisions;and
providing for severability.
Councilmember Johnson moved,seconded by Councilmember Soller that Ordinance No.1548,as
read by the city clerk be approved and adopted.
Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 0
Excused: 1 - Councilmember Nesser
16. 24-145 Presentation, discussion, public hearing, and consideration of Ordinance
No. 1546, approving a text amendment to the Apache Junction City
Code, Volume ll, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-17: § 1-17-1 Definitions, Recreational Vehicle;
repealing any conflicting provisions; and providing for severability. This
request was previously presented and discussed at the City Council
Work Session on March 18, 2024.
Councilmember Soller moved,seconded by Vice Mayor Schroeder that Ordinance No.1546 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
City Clerk Pena read Ordinance No 1546 by title only,repealing any conflicting provisions;and
providing for severability.
Councilmember Soller moved,seconded by Councilmember Heck that Ordinance No.1546,as
read by the city clerk be approved and adopted.
Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 0
Excused: I - Councilmember Nesser
Associate Planner Erika Hernandez presented a summary of the background and
City of Apache Junction,Arizona Page 8
City Council Meeting Meeting Minutes March 19,2024
recommendation for Ordinance No 1546.
On December 13, 2022,the Planning and Zoning Commission issued a direction to Planning
staff to research the Arizona Revised Statutes' definition of recreational vehicles, trailers, and
toy haulers and the location in which these vehicles may be parked to provide recommendations
for a text amendment. Planning staff presented findings during a regular meeting on May 9,
2023,through case P-23-15-AM.The case subsequently went through several work sessions
and public hearings and expanded the case parameters to include a modification to the number
of recreational vehicles allowed to be stored on a single-family residential property.
On September 5,2023, Planning staff presented a final draft for the proposed text amendment
to Article 1-7: Parking, Loading and Circulation Regulations,which was unanimously approved
by the Apache Junction City Council.These changes include:
Modifying the number of recreational vehicles allowed on single-family residential zoned
properties with a minimum of one(1) acre to two (2) recreational vehicles or one(1) recreational
vehicle and one(1) large truck vehicle.
Elaborating on vehicle types that qualify as recreational vehicles.
Removing"truck camper", as this type of camper slides into a truck bed and is not mounted on
wheels or classified as a motor home.
Planning staff notified Council during this public hearing that a proposed text amendment for
Article 1-17: Definitions, "Recreational vehicle"would be brought before the Planning and Zoning
Commission and City Council at a later date.
On January 23, 2024, Planning staff presented a drafted version of the text amendment to
Article 1-17: Definitions, "Recreational vehicle". One question arose on how the truck campers
would then be regulated, to which Planning staff answered that truck campers will not be
counted as a recreational vehicle and can therefore be installed on trucks in the driveway and/or
stored on the property out of view.
Upon much deliberation during case P-23-15-AM and P-23-127-AM, Staff recommends the
following text language:
RECREATIONAL VEHICLE.A vehicle or unit generally described as one(1)or more of the
following:
(1)Motor home. Designed to provide temporary living quarters for recreational, camping or
travel use, and built on or permanently attached to a self-propelled motor vehicle chassis or on a
chassis cab or van that is an integral part of the completed vehicle. This includes:
Class A.Vehicles built on a motorhome specific chassis by a recreational vehicle manufacturer,
including a motorized toy hauler.
Class B.Vans converted for recreational vehicle use by a recreational vehicle manufacturer.
Class C.Vehicles built on a van or truck chassis with the original van or truck front intact by a
recreational vehicle manufacturer.
Camper Van. Cargo or passenger van converted into a recreational vehicle by a professional or
DIY.
(2) Park model. Built on a single chassis, mounted on wheels and designed to be connected to
utilities necessary for operation of installed fixtures and appliances and has a gross trailer area
of not less than three-hundred and twenty(320) square feet and not more than four hundred
(400)square feet when it is set up.
(3)Travel trailer.A trailer mounted on wheels and designed to connect to a hitch, designed to
City of Apache Junction,Arizona Page 9
City Council Meeting Meeting Minutes March 19,2024
provide temporary living quarters for recreational, camping or travel use.This includes:
Conventional travel trailer.A trailer designed to be drawn by a motor vehicle and is constructed
so that no part of its weight rests on the towing vehicle.
Mayor Wilson opened the public hearing, receiving no comments, he closed the public hearing.
I. OLD BUSINESS
J. NEW BUSINESS
17. 24-105 Presentation, discussion and consideration of Resolution No. 24-07 for
continuing participation in the Arizona Metropolitan Trust employee
benefits program.
Councilmember Soller moved,seconded by Councilmember Cross that Resolution No.24-07 a
resolution of the Mayor and City Council of the City of Apache Junction,Arizona,authorizing the
renewal of the city's membership in the Arizona Metropolitan Trust employee benefits program
be approved.
Yes: 6- Mayor Wilson, Vice Mayor Schroeder, Councilmember Heck, Councilmember
Johnson, Councilmember Cross and Councilmember Soller
No: 0
Excused: 1 - Councilmember Nesser
Human Resources Director Anna McCray stated the city was a founding partner with four other
entities which formed the health benefit trust,Arizona Metropolitan Trust, (AzMT) in Fiscal Year
2012-2013. The trust provides city employees with medical, dental, city-paid life insurance,
vision insurance, Employee Assistance Progam (EAP)and a robust Wellness program. Since
joining the Trust twelve years ago, the city's premiums have been significantly more stable while
the benefits/services offered by AzMT have increased. Prior to joining AzMT the city was facing
double digit increases in its medical insurance premiums.
The city has the option to renew its membership every three years and the current renewal
period ends on June 30, 2024.The approval of Resolution No. 24-07 would authorize the city to
renew its AzMT membership through June 30, 2027.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Donna Carr, 2178 W Virginia St,Apache Junction, stated there are too many mental health
facilities in the city and would like the council to look at other businesses. She also commented
her family has concerns about the water quality.
Andre Meek, 1327 S Belair,Apache Junction, thanked the council for the Vietnam War Veterans
Day Proclamation and spoke about this experience relating to the war. He is happy with the
move for the towing company and stated their name should be Apache Junction Metro Towing.
City of Apache Junction,Arizona page 10
City Council Meeting Meeting Minutes March 19,2024
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:23 p.m.
' 1
ACCEPTED THIS of DAY OF /7 ' 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
d
SIGNED AND ATTESTED TO THIS DAY OF 12024.
< 0,19/
WALTER"CHIP"WILSON
Mayor
ATTEST:
�j W-40- ,
4. NNIFER PE Ay Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular �e ting of the City Council of the City of Apache Junction,Arizona, held on the
day of Q,t/'C 11 , 2024. 1 further certify that the meeting was duly
called and held and that a quorum was present.
nJ r
Dated this day of4 f 1 1 2024.
J NNIFER PEOA
City Clerk
City of Apache Junction,Arizona Page 11