HomeMy WebLinkAbout2024-11-19 City Council Regular Minutes City of Apache Junction, Arizona Meeting location:
�- 0I, City Council Chambers
!} at City Hall
• Meeting Minutes 300 E.Superstition Blvd
City Council Meeting Apach 85119
ion,Az
apachejunctionaz.gov
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Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Tuesday,November 19,2024 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 Vice Mayor Schroeder 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
Evie McKinney, Deputy City Clerk
Joel Stern, City Attorney
Kayla Fulmer, Director of Marketing and Communications
Rudy Esquivias, Development Services Director
Johnny John, Assistant Police Chief
Kelsey Schattnik, Planner
Nicholas Leftwich, Planner
Erika Hernandez, Associate Planner
Theint Ko, Planning Intern
D. CONSENT AGENDA
Councilmember Johnson 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
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City Council Meeting Meeting Minutes November 19,2024
1. 24-817 Consideration of acceptance of agenda.
2. 24-822 Consideration of approval of minutes of the regular meeting of November 5,
2024.
3. 24-909 Consideration of approval of procurement of a city fleet vehicle and equipment
in the current budget year for the Public Works Facilities Maintenance Division
for use by newly added Facilities Maintenance Technician. Purchase would be
made through San Tan Ford utilizing Arizona State Cooperative contract
#CTR059323 in an amount not to exceed $61,867.11.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
4. 24-929 Proclamation for"Commitment to Volunteerism in Apache Junction."
Mayor Wilson read the Proclamation for"Commitment to Volunteerism in Apache Junction"and
presented it to the JustServe Community Outreach Representative, Bob Veistege.
F. REGIONAL INTERGOVERNMENTAL UPDATES
5. 24-827 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Heck participated in the Veteran's Day parade on November 11, 2024, and the
tribute following it at the Chamber of Commerce. He shared that Councilmember Johnson was
honored with the Quilt of Honor for all her work with the local VFW and around the country.
Mayor Wilson attended the ribbon cutting for the Giving Machine in downtown Gilbert. The units
are similar to a vending machine and the public can choose a dollar amount and an organization
they wish to fund. Some examples of the services are feeding the homeless and providing
books to children.
Mayor Wilson toured three of the new businesses and manufacturing facilities at the Phoenix
Mesa Gateway Airport. He shared photos, how many employees they will be hiring and the type
of businesses they are.
G. CITY MANAGER'S REPORT
6. 24-832 City Manager's Report.
City Manager Bryant Powell shared that Apache Junction was recognized as one of the top 5
cities for continuation of parades by The League of Arizona Cities and Towns. He was very
proud of this accomplishment.
Mr. Powell reminded the public that Apache Junction is accepting proposals for the downtown
redevelopment project.
7. 24-937 Staff Update from Marketing/Communications Director, Kayla Fulmer.
Director of Marketing and Communications Kayla Fulmer introduced the new Public Information
Officer Gina Scorza. She highlighted her years of experience in this role and how important her
contributions will be for the City.
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City Council Meeting Meeting Minutes November 19,2024
8. 24-837 Announcement of Current Events.
There was no current event update.
H. PUBLIC HEARINGS
9. 24-913 Presentation, discussion, public hearing and consideration of Ordinance
No.1556, of Case P-24-83-AM, a proposed text amendment of the Apache
Junction Zoning Ordinance, Section 1-6-19: Accessory Dwelling Units to
modify the accessory dwelling unit zoning requirements to comply with
Arizona House Bill 2720.
Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1556 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
Deputy City Clerk McKinney read Ordinance No. 1556 by title only, repealing any conflicting
provisions;and providing for severability.
Councilmember Soller moved,seconded by Councilmember Heck that Ordinance No. 1556,as
read by the Deputy City Clerk,be approved and adopted.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Planner Nicholas Leftwich presented the background for Ordinance No. 1556. House Bill 2720
requires Arizona municipalities to modify Accessory Dwelling Unit("ADU") regulations to comply
with state law by January 1, 2025. The bill sets restrictions on how ADU's can be regulated in
Arizona.
HB2720 modifies the following:
-Municipalities can no longer prohibit the use or advertisement of long-term ADU rentals
-Municipalities can no longer require a pre-existing relationship between an owner and occupant
-Municipalities can no longer require the design/finish of ADU to match main structure
-Prohibits municipalities from implementing regulations for ADU's that are stricter than single
family resident zoning
-Side and Rear setbacks cannot exceed 5 feet
On October 8, 2024, the drafted text was presented to the Planning and Zoning Commission.
The Commission voted five(5)to one(1)to recommend approval for the proposed text
amendment to the Apache Junction City Council.
Staff proposes to amend Article 1-6: Supplemental Regulations, § 1-6-19 Accessory Dwelling
Units with the text provided in Exhibit 1 "Amendment to the Apache Junction City Code, Volume
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City Council Meeting Meeting Minutes November 19,2024
II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: § 1-6-19 Accessory
Dwelling Units.
The affected portions are identified in the redlined version of this document, provided as Exhibit
2 "Amendment REDLINE to Apache Junction City Code, Volume II, Land Development Code,
Chapter 1: Zoning Ordinance, Article 1-6: § 1-6-19 Accessory Dwelling Units.
Councilmember concerns included renting out ADUs as a sublet, and how the Home Sweet
Home program works along side this change.
Mr. Leftwich responded to concerns.
Mayor Wilson opened the Public Hearing.
Andre Meek, 1327 S. Belair Rd, Apache Junction, questioned if prefabricated homes were
allowed and how taxes will work for the ADUs.
Donna Carr, 2178 W. Virginia St, Apache Junction, asked if the size of the property matters and
if mobile homes are allowed.
Mayor Wilson closed the Public Hearing.
Development Services Director Rudy Esquivias responded to Public Hearing questions.
10. 24-914 Presentation, discussion, public hearing and consideration of Ordinance
No.1557, of Case P-24-84-AM, a proposed text amendment of the Apache
Junction Zoning Ordinance, Article 1-16: Administration to modify the
ordinance to comply with Arizona Senate Bill 1162.
Councilmember Cross moved,seconded by Councilmember Johnson that Ordinance No. 1557 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
Deputy City Clerk McKinney read Ordinance No. 1557 by title only, repealing any conflicting
provisions;and providing for severability.
Councilmember Cross moved,seconded by Councilmember Nesser that Ordinance No. 1557,as
read by the Deputy City Clerk,be approved and adopted.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Planning Intern Theint Thandar Ko presented a summary of Ordinance No. 1557. On April 23,
2024, Senate Bill 1162 passed, requiring all Arizona municipalities to revise the citizen review
process and review timelines for rezonings in their Zoning Ordinance. However, the
requirements for rezonings do not apply to planned developments or other zoning entitlements.
To comply with the law, all municipalities must adopt these changes by January 1, 2025.
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City Council Meeting Meeting Minutes November 19,2024
The changes to be made are the following:
(1)When filing a written protest for zoning map amendments, government-owned properties are
excluded from the 20% calculation of property owners within 150 feet. For example, if there
were 10 properties in a proposed rezoning area and three of them were owned by government
entities, the 20%calculation will be based upon the remaining seven properties owned by
private individuals.
(2)To add a review timeline for rezoning cases("Shot Clock" requirement).
Therefore, staff has drafted a text amendment to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1: Zoning Ordinance, Article 1-16:Administration to satisfy
the City's conformance with Senate Bill 1162.
On October 8, 2024, a drafted text was presented to the Planning and Zoning Commission.The
Commission voted unanimously (6-0)to recommend approval for the proposed text amendment
to the Apache Junction City Council.
Councilmembers had no concerns.
Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the
Public Hearing and asked for a motion.
11. 24-915 Presentation, discussion, public hearing and consideration of Ordinance
No.1559, of Case P-23-112-PZ, a proposed rezoning of 991 E. Old West
Highway, parcel 102-03-136A, requested by Greg Loper on behalf of
Storbakken &Sons Construction Inc., to rezone the property from General
Commercial ("B-1")to Industrial ("B-5")to allow for the continued use of a
construction business comprising a contractor's office, shop and
indoor/outdoor storage with construction truck parking.
Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1559 be
read by title only and the reading of the entire ordinance be waived.
Motion passed unanimously.
Deputy City Clerk McKinney read Ordinance No. 1559 by title only, repealing any conflicting
provisions;and providing for severability.
Councilmember Soller moved,seconded by Councilmember Nesser that Ordinance No. 1559,as
read by the Deputy City Clerk,be approved and adopted.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Planner Nicholas Leftwich presented a summary of Ordinance No. 1559.
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City Council Meeting Meeting Minutes November 19,2024
Summary
P-23-112-PZ is a proposed Rezoning requested by Greg Loper on behalf of Storbakken & Sons
Construction Inc.to rezone approximately 1.6 acres located near the southeast corner of Royal
Palm Road &Old West Highway(APN 102-03-136A)from General Commercial ("B-1")to
Industrial ("B-5")to allow for the continued use of a construction business comprising a
contractor's office, service shop for their fleet maintenance and indoor/outdoor storage with
construction truck parking.
Planning &Zoning Commission Hearing and Recommendation
The Planning and Zoning Commission held a public hearing for P-23-112-PZ on October 22,
2024. During the meeting the Planning and Zoning Commission evaluated the rezoning proposal
and subsequently voted 7-0 to recommend approval of P-23-112-PZ, subject to the conditions of
approval that were recommended in the Staff Report, dated October 22, 2024.
November 4, 2024 City Council Work Session
Staff presented Case P-23-112-PZ to the city council on November 4, 2024, in which the
Council had a question regarding well water contamination concerns with the adjacent Apache
Junction Water District property, and a question regarding if there had been any neighborhood
complaints with the presence of Storbakken & Sons at 991 E. Old West Highway.
With further inquiry Staff have confirmed that there is no history of neighborhood complaint
issues with Storbakken & Sons.
Regarding the Apache Junction Water District parcel (102-03-137A) and concerns regarding
well water contamination, the Apache Junction Water District have informed Staff that the
property is an old booster site that has been out of service for decades. The facility formerly
served as an interconnect between Arizona Water Company and Consolidated Water Utilities,
which that interconnect has been removed.All that remains is an old well on the site that has
not been used in years and the concrete slab where the hydropneumatic pressure tank sat.
They further noted that they do not foresee any issues with the site next door.
Applicant representative Greg Loper presented the improvements being made to the property
regarding fencing, landscaping and ground materials.
Councilmembers asked if there were any complaints about this business from neighboring
properties or the public.
Mr. Leftwich stated there were no complaints.
Mayor Wilson opened the Public Hearing.
Donna Carr, 2178 W. Virginia St, Apache Junction, commented the parking lot should be lined to
prevent hazardous material from getting into the ground.
Andre Meek, 1327 S. Belair Rd, Apache Junction, shared his concerns about hazardous
material spillage and agreed that a solid asphalt surface is needed.
Mayor Wilson closed the Public Hearing.
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City Council Meeting Meeting Minutes November 19,2024
Councilmembers had further concerns regarding the ground material for the business. City
Attorney Joel Stern advised the Mayor that the Public Hearing would need to be reopened due to
additional discussion.
Mayor Wilson reopened the Public Hearing.
Donna Carr, 2178 W. Virginia St,Apache Junction, cautioned Council about unethical business
owners.
Mayor Wilson closed the Public Hearing and asked for a motion.
12. 24-925 Presentation, discussion, public hearing and consideration of application for
Class A Bingo License for Rock Shadows RV Resort, located at 600 S. Idaho
Rd, Apache Junction, AZ.
Councilmember Johnson moved,seconded by Councilmember Soller to recommend approval of
the Class A Bingo License for the Rock Shadows Resort,located at 600 S.Idaho Rd,Apache
Junction,AZ.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
Deputy City Clerk Evie McKinney stated the city received an application for a Class A Bingo
License from Rock Shadows RV Resort, located at 600 S. Idaho Road, Apache Junction, AZ.
New ownership took over the RV park 2 years ago and during this time, the bingo license was
inactive. This application is a renewal for their bingo license under the new
management.
Correspondence related to inspections of the premises for safety and code compliant matters
have been received from the Apache Junction Police Department, Planning and Zoning
Department, Building and Safety Division and the Superstition Fire and Medical District.
All four entities find compliance with the inspection requirements and recommend approval.
Mayor Wilson opened the public hearing, receiving no comments from the public, he closed the
public hearing and asked for a motion.
I. OLD BUSINESS
J. NEW BUSINESS
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Mehmood Mohiuddin, 2304 N Cortez Rd,Apache Junction, commented on the volume of the
Councilmembers microphones and how it is difficult to hear them in the back of the Chambers.
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City Council Meeting Meeting Minutes November 19,2024
Donna Carr, 2178 W. Virginia St, Apache Junction, inquired about a code compliance case for
her neighbor that she spoke about at a previous Call To The Public.
James Boerigter, 1054 E. Roosevelt St, Apache Junction, expressed his frustrations with the
Skies restaurant extension of premises and the increased noise.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at 8:30 p.m.
,7 r,)ACCEPTED THIS _7 DAY OF A CCU A ey- , 2024, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF AcerJk-,
c l r t1
WALTER"CHIP"WILSON
Mayor
ATTEST:
EVIE MCKINNEY
Deputy City Clerk
City of Apache Junction,Arizona Page 8