City Council Meeting
Regular MeetingApache Junction, AZ · May 3, 2016
Minutes
Meeting location:
City of Apache Junction, Arizona
City Council Chambers
at City Hall
Meeting Minutes 300 E Superstition Blvd
Apache Junction, AZ
City Council Meeting 85119
www.ajcity.net
Ph: (480) 982-8002
Tuesday, May 3, 2016 7:00 PM City Council Chambers
This document may not reflect the most current legislation adopted by the City of
Apache Junction and is for convenience and informational use only. For further
information on the official version of council meeting minutes please contact the
Apache Junction City Clerk’s office at (480) 982-8002.
A. CALL TO ORDER
The regular meeting of the City Council of the City of Apache
Junction, Arizona, was held on May 3, 2016, at the Apache
Junction City Council Chambers pursuant to the notice required
by law.
Mayor Insalaco called the meeting to order at 7:00 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Wilson gave the Invocation.
Vice Mayor Barker led the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Insalaco
Vice Mayor Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Serdy
Councilmember Waldron
Councilmember Wilson
Staff Present: City Manager Bryant Powell
Assistant City Manager Matt Busby
City Clerk Kathleen Connelly
City Attorney Joel Stern
Public Safety Director Tom Kelly
Public Works Director Giao Pham
City Engineer Emile Schmid
Development Services Director Larry Kirch
Others Present: Public Information Officer Al Bravo
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City Council Meeting Meeting Minutes May 3, 2016
Senior Planner Rudy Esquivias
Grants Administrator Heather Patel
Economic Development Administrator Janine Solley
D. CONSENT AGENDA
Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember
Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember
Wilson
No: 0
Vice Mayor Barker MOVED THAT THE CONSENT AGENDA
BE ACCEPTED AS PRESENTED; AND
THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF
APACHE JUNCTION AND DBA CONSTRUCTION FOR RECONSTRUCTION AND
REPAVING OF SOUTHERN AVENUE FROM APACHE DRIVE TO WINCHESTER ROAD
IN PARTIAL FULFILLMENT OF FISCAL YEAR 2016-2017 STREET
MAINTENANCE PLAN THROUGH THE PEORIA JOB ORDER CONTRACT
#ACON43011C IN THE AMOUNT OF $783,469.05 PLUS TEN PERCENT FOR
CONTINGENCY IN THE AMOUNT OF $78,346.00 FOR A TOTAL AMOUNT NOT
TO EXCEED $861,815.05; AND THAT AUTHORIZATION BE GIVEN TO THE
MAYOR TO SIGN THE CONTRACT; AND
THAT APPROVAL BE GIVEN TO RESOLUTION NO. 16-19, A RESOLUTION OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR TRANSFER OF A USED LAW ENFORCEMENT VEHICLE AND
MISCELLANEOUS EQUIPMENT TO THE TOWN OF SUPERIOR.
Councilmember Wilson SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
1. 16-204 Consideration of acceptance of agenda.
2. 16-200 Consideration of award of contract to DBA Construction for the
reconstruction and repaving of Southern Avenue from Apache Drive to
Winchester Road in partial fulfillment of the fiscal year 2016-2017 Street
Maintenance Plan. The work would be through the cooperative Peoria Job
Order Contract #ACON43011C for $861,815.05 including a ten percent
contingency.
3. 16-202 Consideration of proposed Resolution No. 16-19, allowing the city to enter
into an intergovernmental agreement with the Town of Superior for the
transfer of law enforcement fleet vehicles and miscellaneous equipment.
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E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
4. 16-210 Proclamation designating May 1st - May 7th, 2016 as Public Service
Recognition Week.
Mayor Insalaco read a proclamation designating May 1-7, 2016 as
Public Service Recognition Week and presented it Public Safety
Director Tom Kelly.
F. ANNOUNCEMENT OF CURRENT EVENTS
Vice Mayor Barker commented Councilmembers Wilson and Evans, the
mayor and she participated in the water festival last week with
about 350 kids where they went from station to station learning
about water and playing games.
Councilmember Wilson commented it was his second time there and
it was an opportunity to see the delightfulness of the kids
learning how water moves in our world.
Councilmember Evans thanked Chief Bourgeois and the district for
hosing the children down after the festival. They look forward
to that. Apache Junction is the only city where the fire
department does that for the kids.
Mayor Insalaco commented they even had a busload of kids from
Sousa School in Mesa.
Councilmember Serdy commented Little League has started and with
there not being enough teams they combined with Kearny and
Skyline. Last Saturday was their first time to go to Kearny and
he believes everyone won.
Mayor Insalaco commented he was thoroughly impressed with the
knowledge the fourth graders had of water and conserving water
at the water festival.
G. CITY MANAGER'S REPORT
5. 16-194 City manager's report.
City Manager Bryant Powell commented he wanted to honor Gustavo
McGrew, formerly of Horizon Health and Wellness.
6. 16-203 Gustavo McGrew, formerly of Horizon Health and Wellness, will provide an
update of his past work in the community related to outreach and wellness,
as well as how he will continue this work in our community moving forward.
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Mr. Gustavo McGrew thanked the city for the partnership with
Horizon Health and Wellness and provided an update on his past
work in the community related to outreach and wellness, as well
as how he will continue this work in our community with Earth
Day and other events.
H. PUBLIC HEARINGS
7. 16-208 Public hearing, presentation, discussion and consideration of proposed
Ordinance No. 1429, case PZ-4-16, a request by Sadie LaBerge,
represented by Steven Bocker, for approval of a major planned development
amendment for a General Commercial by Planned Development (B-1/PD)
zoned, .41 acre property located at 351 N. Ironwood Drive. The request is to
establish an expanded palette of uses for future commercial development on
the property.
Yes: 6- Mayor Insalaco, Vice Mayor Barker, Councilmember Rizzi, Councilmember
Serdy, Councilmember Waldron and Councilmember Wilson
No: 1- Councilmember Evans
Assistant Planner Stephanie Bubenheim briefed
the council on the item.
Vice Mayor Barker asked if the developer has
any idea of what he wants to do with this property.
Assistant Planner Stephanie Bubenheim stated
there is not one specific business at the moment. He was
working with staff to see what would be allowed on the proposed
palette. He would work with the palette from there.
Councilmember Evans commented when this
property was purchased the recorded document, the affidavit of
value, states that it is a residential rental property. It is
only paying taxes as residential rental. The original allowed
use of a bookstore was being changed from a residential rental
to a very, very restricted commercial use which, whether it
opened or not, is still paying only residential property tax,
not commercial property tax. It is also surrounded by
residential properties. The west side of Ironwood is all
commercial. That sells for a higher price than what this
property sold for. There will be new residential right next
door to this. It is higher density than what is currently
there. They have done this in the past and it backfired on the
surrounding property owners. They changed it for a very light
commercial property to a higher intensity use down the line. It
does nothing but destroy the property values for the surrounding
properties. If one lives in a neighborhood, one wants to live
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City Council Meeting Meeting Minutes May 3, 2016
in a neighborhood. One does not want to live in a commercial
zone. Even though this is still an extremely limited commercial
use, she does not want any changes to what is already there. It
is a pre-1972 old mobile home that now is to be made into a
commercial building. She just thinks it is wrong. She cannot
go along with this.
Vice Mayor Barker asked her to clarify some of
that. She asked if she was inferring that the pre-HUD mobile
home would be the building.
Councilmember Evans commented it is the only
building on there.
Vice Mayor Barker commented they are then going
to use that.
Councilmember Evans commented that is correct.
The pre-HUD simply means it was not built to uniform code.
Vice Mayor Barker commented that is why they
had to upgrade the rest of them.
Assistant Planner Stephanie Bubenheim stated
the city cannot do too much about what the taxes are as those
are Pinal County. It cannot do anything about the zoning as it
is zoned general commercial. She is not sure how that plays
into the taxes. If it does not go through this amendment it
will stay the B-1/PD zoning.
Councilmember Evans asked what the usage there
is.
Assistant Planner Stephanie Bubenheim stated
the ordinance is very specific to just the bookstore. It will
be hard to change it unless it goes through a completely and
entirely new rezoning which is a different process.
Vice Mayor Barker commented she has two columns
here. One is the B-1 General Commercial and the next column is
Low Intensity Uses. She asked if the Low Intensity Uses are the
uses that are being recommended for this.
Assistant Planner Stephanie Bubenheim stated
that is correct. The first column is the current B-1 general
commercial in zoning code and the right column is the one.
Vice Mayor Barker commented at this point under
the current zoning he could have a vehicle repair shop there.
Assistant Planner Stephanie Bubenheim stated if
it was just B-1 it could have all of those.
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Vice Mayor Barker asked if it is B-1.
Assistant Planner Stephanie Bubenheim stated it
is B-1/PD.
Vice Mayor Barker commented they could have a
planned development that included a vehicle service yard.
Assistant Planner Stephanie Bubenheim stated
they could but since they have been working with this palette of
uses we have said no to all of those uses.
Vice Mayor Barker commented she understands
that. She is just trying to point out what they could do now as
compared to what we are looking at for possible changes. Now
they could have a planned development that included a vehicle
sales and repair, but if this were passed they could not. She
asked if she was reading it correctly.
Assistant Planner Stephanie Bubenheim stated
that is correct. What they have now is a bookstore. If this
amendment is approved it would be based off the palette of uses.
If they wanted to do a used vehicle they cannot at all.
Vice Mayor Barker commented she is confused.
She is looking at one column where it says yes and she is saying
no.
Assistant Planner Stephanie Bubenheim stated
the right column is just B-1, general uses in the zoning code.
Vice Mayor Barker commented that is correct.
And she is saying the other B-1 Planned Development. Right now
it says it is a bookstore but if their B-1 Planned Development
wanted to go to something else they could go to one of these
other things.
Assistant Planner Stephanie Bubenheim stated
they would not be able to.
Vice Mayor Barker commented she wished she had
not put two columns there as she was totally confused.
Assistant Planner Stephanie Bubenheim stated
they were trying to separate them to show what the B-1
commercial uses allow and then what we were proposing in a more
restrictive list. From there every business has to apply for a
business license and the city looks into what the zoning is. If
the owner came in and wanted to do a used vehicle sales we would
see that there is a planned development on this zoning. We
would then see what the planned development ordinance prefers
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and then we would tell them if it is allowed or not allowed.
Councilmember Wilson asked what they would have
to do if right now it is only approved for a bookstore but they
came back in and said they wanted to do a new vehicle and repair
shop, which is currently authorized in the PD-1.
Assistant Planner Stephanie Bubenheim stated if
they came in now for a vehicle repair shop they would not allow
it. With the new amendment they still would not allow it. It
would be a no.
Councilmember Rizzi asked what process was used
to notify the neighbors and give them the opportunity to come
out and speak for or against it.
Assistant Planner Stephanie Bubenheim stated
for every amendment or rezoning process they have to notify the
neighbors or property owners that are within 300 feet
surrounding the property. They were notified 15 days prior to
the first public hearing about the rezoning. They were given
the information that they can contact the city and come in and
look at the case. Some people did call the city and came in to
look at the case as they wanted to know what was going on and
how it was going to be. They have to do a neighborhood meeting
or letter.
Councilmember Rizzi commented all of those
things were done. She asked how many people came to speak
against it.
Assistant Planner Stephanie Bubenheim stated
the meeting took place on April 6 and one person came to the
meeting.
Vice Mayor Barker asked what that person’s
comment was.
Assistant Planner Stephanie Bubenheim stated
they also wanted to see what the palette of uses was.
Vice Mayor Barker commented they were
interested in what it could be but were not necessarily opposed
to it.
Councilmember Serdy commented it is going
mostly yeses to noes. This is one where he was talking about
getting more favorable zoning. This landlord did have a classic
car and they wanted to put a few in there. As of now he cannot.
He asked if he still would not be able to after this.
Development Services Director Larry Kirch
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stated the column that says B-1 is what anyone zoned B-1 can do.
For the first column it say yes. In a straight B-1 without a
planned development they can have the used car sales. They went
through the entire list of allowable uses in just a straight B-1
and staff determined that based on the lot size and neighborhood
there should not be new vehicle sales. So the next column is
no. Those are the staff recommended allowable uses in the right
column. The other column is if it is just pure B-1 that is what
they can do. The laundry list tells you want you can and cannot
do under the proposal.
Assistant City Manager Matt Busby stated to
clarify it further, the current zoning on the property is not
straight B-1. It is a B-1 planned development that limits it
only to a bookstore.
Development Services Director Larry Kirch
stated he thinks it was to allow a homeowner to have a home
occupation. The homeowner would live there and have a
bookstore. He never used it but he got the rezoning. They can
question the original zoning as a B-1/PD and they can question
this one, too. It was really a home occupation way for the
original owner to have the bookstore in their home, but it never
ended up being a bookstore.
Vice Mayor Barker asked if this will still be
something in their home.
Development Services Director Larry Kirch
stated it will not. It is not residential anymore. This would
allow nonresidential uses. This is not an adjunct use.
Vice Mayor Barker commented this person cannot
live in this mobile home.
Development Services Director Larry Kirch
stated he cannot. It actually did get converted for a while to
another use. That is why they kept proposing he could not use
this for anything other than a bookstore. If he wanted to use
it for something else he would have to proceed with a rezoning.
City Clerk Kathleen Connelly stated she wanted
to clarify something on the property taxes. While the city
cannot directly impact whether something is taxed at a
residential or commercial rate, her department does work on an
ongoing basis with the Pinal County Assessor’s Office to correct
things such as this, where it is taxed at a residential rate but
is actually commercial use.
Mayor Insalaco requested the applicant address
the council.
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Mr. Steve Bocker, 8215 E. Canyon Estates, Gold
Canyon, stated he and his wife purchased the property in 2012
with the understanding of the B-1/PD against the property. They
researched it, talked to city staff, talked to an architect and
thought it was a viable property for investment. It was a
vacant building falling apart. Councilmember Evans has decided
this is a mobile home. It is a stick-built on a foundation slab
home constructed out of lumber. It has no metal frame. It is
to code. He called the city before they purchased it and asked
what the CO requirement would be. They told them what it would
be and they complied. There was never an issue there. They
purchased the property with the intent to renovate it, bring it
up to speed and rent it out. It was a good investment and the
price was right. They did have a tenant for over two years. A
commercial entity called Nask Arizona had come from Prescott and
loved the building. They got a city license and did everything
the city required. They then called him and told him if he did
not do the improvements under the C-1/PD which included an ADA
bathroom and inspection, walls and landscaping, they were not
going to allow the tenant to take ownership of the property and
use the property for commercial purposes. He complied with all
the requirements: the site plan, the architectural review, the
walls, the construction, the ADA bathroom and the final
inspection by the city. The city knows it is viable for
commercial use. They are now coming back with some additional
uses that are low intensity and have been worked out with the
staff over a long period of time. He is asking the council to
look at this favorably as an addition to the neighborhood, as a
way of investment and to provide community services. The
planning commission went through the same series of questions
and approved it unanimously. He asked them to look at all the
obstacles he has had to work out for this investment. Staff has
been great and they have come to a consensus. It is not
something big to ask and they are not ruining any values to any
of the properties on Ironwood. Actually they have raised the
values. Hopefully they will find a better neighborhood, better
buyers, and people who will want to come here because of the
nature of the building and neighborhood being improved. The
entire corridor has been pulled up by new investment. He stated
they are making it better, bringing services to the community
and paying their taxes, including sales taxes.
Councilmember Evans commented she would be
happy to share with him that the tax records show it is a 72
mobile home. It may not be there now, but it is one of the tax
issues that the state has. It will always be taxed as a mobile
home.
Mr. Steve Bocker stated the facts are it is not
a mobile home.
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City Council Meeting Meeting Minutes May 3, 2016
Councilmember Evans commented that is what is
on the record.
Mr. Steve Bocker stated they can change the
record. They can ask for an amendment to change the record if
that will satisfy the city. He is not averse to that.
Councilmember Evans commented she understands
what he is saying. He is saying that he had improved this
building and he wants more commercial businesses to come into
this community, but not at the price of our residential
communities that do not have homeowners associations or any
protection because any time we do allow commercial buildings to
operate in a residential neighborhood people do not want to buy
there because they look at that and think it is all going to be
commercial. She understands that is where his investment is and
she understands how he is trying to improve it. But the city
has other commercial properties that are for sale. Everything
on the west side of Ironwood is commercial, but not on the east
side.
Mr. Steve Bocker stated he appreciated her
opinion and comments but hopes the rest of the council will take
into consideration the argument he made and see to follow the
planning commission’s recommendation.
Mayor Insalaco opened the public hearing on the
item. There being no one wishing to speak, he closed the public
hearing and reopened the item to council discussion. There
being no further discussion, he called for a motion.
Vice Mayor Barker MOVED THAT ORDINANCE NO. 1429
BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE
WAIVED.
Councilmember Rizzi SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
City Clerk Kathleen Connelly read the ordinance
by title only.
Vice Mayor Barker commented she has to
respectfully disagree with her colleague. She MOVED THAT
ORDINANCE NO. 1429, AS READ BY THE CITY CLERK, BE APPROVED AND
ADOPTED.
Councilmember Wilson SECONDED THE MOTION.
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VOTE: 6-1 (Councilmember Evans voted in opposition.)
The motion carried.
8. 16-209 Public hearing, presentation, discussion and consideration of proposed
Ordinance No. 1430, relating to case PZ-5-16, a request by Gene Rodaway,
represented by Leslie Cooke, for approval of a rezoning for his 1.01-acre
combined property located at 512 and 516 N. Valley Drive (APN 100-15-063
and 100-15-054) from Medium Density Detached Single-Family Residence
Zone, Conventional or Manufactured Home Permitted (RS-20M) to High
Density Multiple-Family Residence Zone by Planned Development
(RM-1/PD).
Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember
Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember
Wilson
No: 0
Assistant Planner Stephanie Bubenheim briefed
the council on the item.
Councilmember Waldron asked if the RV parking
would have to be condition number nine.
Assistant Planner Stephanie Bubenheim stated
that is correct. If they want to add that it will be condition
number nine.
Vice Mayor Barker commented if they were still
talking about the landfill here, the combining of these two
parcels would be considered an expansion by some.
Councilmember Evans asked if because of the
question of the RV next door, even though the laundry area is
going to be in the back, for additional units it would be to the
right.
Assistant Planner Stephanie Bubenheim stated it
would be to the left.
Councilmember Evans commented additional
units would be allowed to the left.
Assistant Planner Stephanie Bubenheim stated
the applicants are not asking for additional units.
Councilmember Evans commented but that is
part of this.
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Assistant Planner Stephanie Bubenheim stated
it is not part of it at all. It is just for the carports,
laundry facility and storage units.
Councilmember Evans commented it is
conventional and mobile homes. They are not planning on adding
anything.
Assistant Planner Stephanie Bubenheim stated
they are not. Just the building for the carports and laundry.
Mayor Insalaco requested the applicant
address the council. The applicant spoke from the audience
advising he did not wish to come forward. Mayor Insalaco asked
if he had any problems and he did not. Mayor Insalaco opened
the public hearing on the item. There being no one wishing to
speak, he closed the public hearing and reopened the item to
council discussion. There being no further discussion, he
called for a motion.
Councilmember Waldron MOVED THAT ORDINANCE
NO. 1430 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE
ORDINANCE BE WAIVED.
Councilmember Rizzi SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
City Clerk Kathleen Connelly read the ordinance
by title only.
Councilmember Waldron MOVED THAT ORDINANCE NO.
1430, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH
THE FOLLOWING AMENDMENT: THAT CONDITION NUMBER 9 BE ADDED,
THERE BE NO RV PARKING OR STORAGE ON THE LOT.
Councilmember Evans SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
9. 16-193 Public hearing, discussion and consideration of proposed Resolution No.
16-17, authorizing the submission of Fiscal Year 2016 Community
Development Block Grant and Fiscal Year 2016 State Special Project grant
applications and Resolution No. 16-18, establishing a Residential
Antidisplacement and Relocation Assistance Plan.
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City Council Meeting Meeting Minutes May 3, 2016
Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember
Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember
Wilson
No: 0
Grants Administrator Heather Patel briefed the
council on the item.
Mayor Insalaco opened the public hearing on the
item.
Mr. Steve Bocker, 351 N. Ironwood, Apache
Junction, addressed the council to say that some of the projects
Heather spoke about, especially the infill single lot demo
rebuild, he believes is one of the nicest things they could do
for the residents, to provide them decent, livable quarters.
Some of the houses out there are substandard and developers
cannot bear the costs. If the city has funding and they can
partner with the right developer, Habitat for Humanity or other
nonprofits that might be interested in development it would be a
fantastic way to introduce new infill properties.
Mayor Insalaco closed the public hearing with
no one else wishing to speak. He reopened the item to council
discussion.
Councilmember Evans asked what the engineering
costs are for the sidewalks.
Public Works Director Giao Pham stated
typically the sidewalks are linear feet usually at 4’ to 5’
crosswise. It depends on the quantity of it.
Councilmember Evans asked what the cost was for
the engineering design of the sidewalks.
Public Works Director Giao Pham stated usually
on engineering plans it is 10% of the construction costs. If
they put $100,000 in sidewalks in, the cost would be 10% of
that. Those are the usual costs of designs. When Heather was
going through the presentation, based on all the options out
there, the Grand/Ocotillo/Main neighborhood would be the most
viable as the design is already done. The roadway was built
according to engineering plans so the sidewalks move quicker
rather than the other neighborhoods as they would have to redo
the design.
Mayor Insalaco asked what kind of curb is the
most economical one to use.
Public Works Director Giao Pham stated most of
the time, in those neighborhoods because they are local streets,
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City Council Meeting Meeting Minutes May 3, 2016
they used 4” rolled curbs. They can vary in size. Sometimes
they have detached sidewalks or with the rolled curb itself.
Until they do the design they will not know what they will
encounter as far as obstacles and objects to relocate.
Mayor Insalaco commented that is easier to do.
Public Works Director Giao Pham stated that is
correct.
Mayor Insalaco commented the rolled curb is
easier to do.
Public Works Director Giao Pham stated that is
correct.
Councilmember Rizzi asked if there are still
flooding issues on the road improvements on Grand.
Public Works Director Giao Pham stated the
flooding issues were taken care of in the Grand/Ocotillo/Main
area. They raised the profile of the roadway so that the
flooding is not happening on the street. It has been redirected
north/south now. They are redirecting it from
Grand/Ocotillo/Main to Broadway. That is why they made the
Delaware improvement. That is how it ties in.
Councilmember Rizzi commented she used to be a
bus driver on that street and she literally used to bus children
over the Grand Canyon puddle. There were no sidewalks and they
would huddle on that sand and try to get across to where their
bus stop was. They would shuttle them over there. It would be
a great area for sidewalks.
Public Works Director Giao Pham stated the
picture that Heather showed was an event that happened four or
five years ago. Since then, when it rains, they have gone out
and checked and found some ponding but not that large lake you
see there in the picture.
Mayor Insalaco commented there is very little.
Councilmember Rizzi commented that is great.
Grants Administrator Heather Patel continued
with her briefing.
Councilmember Waldron asked if they need to
identify the projects in Resolution No. 16-17.
Grants Administrator Heather Patel stated they
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City Council Meeting Meeting Minutes May 3, 2016
do. If they could identify the projects she will move forward
with the applications.
Councilmember Waldron asked if they do both
motions at the same time.
City Attorney Joel Stern stated they are
separate votes and motions.
Mayor Insalaco closed the discussion with no
further comments and called for a motion.
Councilmember Waldron MOVED THAT RESOLUTION NO.
16-17, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF
APPLICATION(S) FOR FY 2016 STATE COMMUNITY DEVELOPMENT BLOCK
GRANT REGIONAL ACCOUNT (“CDBG”), FY 2016 STATE SPECIAL PROJECT
(SSP) FUNDS, AND CERTIFYING THAT THE APPLICATION(S) MEETS THE
IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND IS
NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES
OUTLINED IN THE CDBG AND SSP APPLICATION(S), THE PROJECT BEING
THE LAND PURCHASE AND DEMOLITION FOR THE CDBG, AND THE GRANDVIEW
SIDEWALKS FOR THE SSP, BE APPROVED.
Councilmember Evans SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
Councilmember Waldron MOVED THAT RESOLUTION NO.
16-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, ADOPTING A RESIDENTIAL
ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN FOR FY2016-2021,
AS REQUIRED UNDER SECTION 104(d) OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, (42 U.S.C. 5301 ET SEQ.) AS AMENDED, BE
APPROVED.
Councilmember Rizzi SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
10. 16-213 Public hearing, presentation, discussion and consideration of proposed
Resolution No. 16-20, to accept the Arizona State University Masters in
Urban and Environmental Planning Capstone Project Group visioning and
planning study for the city, called "Apache Junction Trail Connectivity,
Downtown Visioning and State Land Visioning: Connecting Past, Present
and Future", as a conceptual planning document for staff and community
leaders to further study and from which ideas and concepts may be
derived, further refined and implemented and/or codified in the future.
City of Apache Junction, Arizona Page 15
City Council Meeting Meeting Minutes May 3, 2016
Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember
Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember
Wilson
No: 0
Development Services Director Larry Kirch
briefed the council on the item. He introduced the Arizona
State University graduate program student who would be making
the presentation on the project.
Ms. Bailey DuBois gave the presentation on the
project.
Councilmember Rizzi commented this was an
impressive report and it was really interesting to engage at the
meetings and hear the input from them. She really appreciated
it.
Councilmember Wilson commented he wanted to
compliment them on the study. It is very thorough and they have
done a lot of research in the aspects of getting some of this
information and putting it together. He did have a couple of
questions. On page 2-15 where they are talking about equestrian
trails and fortunately he has horses. They were talking about
traction or slippage resistance on it. It says asphalt with
chip seal is fair and rough textured concrete is good. He does
not know where this chart came from because if you mix steel
shoes on top of concrete or pavement, you are creating a
possible hazard. That one, wherever it came from, and it
appears to be the highway association, it is great for someone
walking or driving but not for mixing the two at all. He looked
at the proposal to make a scenic walkway and he now understands
what she was talking about. It is just a little bit further
towards the end in an old Pinal County park area.
Ms. Bailey DuBois stated it is Bureau of
Land Management Land.
Councilmember Wilson commented it has future
possibilities for what is there. The trailhead they have a
little further up may be better being brought down into that
area.
Ms. Bailey DuBois asked if he was talking
about the trailhead at the Multi-Gen Center.
Councilmember Wilson commented that is
correct. On page 3-8 he needs an explanation as they are
talking about fences around establishments with a restaurant or
business and everything. He asked what the idea was. He asked
if they were talking about not having fences if they have a
series of stores with a frontage up front.
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City Council Meeting Meeting Minutes May 3, 2016
Ms. Morgan Klass stated they were mostly
talking about fencing in regards to around parking structures or
if the building was setback to have perhaps a patio area or
something like that. They did not envision fencing being for
establishments that had zero setbacks.
Councilmember Wilson asked if they knew the
city has a restaurant in town that has a tall fence around the
open patio. They are doing that for security. He asked if that
would not be allowed.
Ms. Bailey DuBois stated in what they have
proposed it would not. They did not see tall fences as being a
way to activate a space or facilitate interaction. Again, these
are just guidelines and standards to be proposed, not to be
interpreted as a code enforcement-type where someone would be in
violation of our proposal. Although in this section it says
fencing standards they are not code.
Councilmember Wilson commented the big
question on it is they have some that have done it mainly for
security, especially if alcohol is served. There have to be
controls; they cannot have it as wide open. It would present a
problem if it was wide open. He wanted to thank them. The
honest truth is his wife lost him for three nights because it
took that long for him to go through it. He did have a series
of questions but they answered most of them. He appreciated it.
Vice Mayor Barker commented there is a place
that serves alcohol and has an outdoor patio that just has a low
wall around it on Superstition. It is pretty nice.
Mayor Insalaco commented that is the Red
Dog.
Vice Mayor Barker commented it is the Red
Dog Saloon. She thought she would throw that out there. She
thanked them for their creativity and putting a young person’s
point of view out there because she thinks sometimes we get
stuck in our own little world. It was amazing to go through it.
She did not read it word for word but she came to most of the
public meetings so she feels she had a lot of it. The only
thing she saw in here where she thought when the time comes they
look at putting some of these possibilities into practice is
with the PUD area south of the freeway. It is really not
located in the best place when you have a landfill right there.
They have high density residential butted right up against the
landfill. Especially since the plan is, hopefully at some
point, to make the landfill into a park. It could almost be
turned around. They would still have the flood plain protected
but they would just push the high density around. She really
likes what they have done, though. It is incredible.
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City Council Meeting Meeting Minutes May 3, 2016
Mr. Bryan Smith stated the PUD is meant to
be a sliding rule.
Vice Mayor Barker commented that is what she
did. She just slid it right around.
Mr. Bryan Smith stated it is meant to be
flexible in terms of allocation of densities.
Vice Mayor Barker commented all of it is.
She just thinks they put so much thought into this. She is
absolutely amazed.
Councilmember Wilson commented one of the
things the vice mayor said is that the landfill is supposed to
be a future park.
Vice Mayor Barker commented they can just
flip that around and it has the low density right up by it.
Councilmember Wilson commented they could
just move it a little further over.
Vice Mayor Barker commented that is right.
They have given them great ideas for the future. Now they are
looking at that area with new eyes.
Mr. Bryan Smith stated the concept was that
people living in a high density area would appreciate living
immediately next to the park.
Vice Mayor Barker commented access to the
park. Absolutely. They are good.
Councilmember Waldron commented on page 4-
11, Table 4-6 talks about propose and develop 0.4 FAR. He does
not know what FAR is.
Mr. Bryan Smith stated it is floor area
ratio. It is the ratio of the total square footage of the
building to the lot size.
Vice Mayor Barker commented she thinks that
needs clarification.
Councilmember Waldron commented he got it.
The other one is on page 4-17 it talks about as resources are
provided for future research into LID. Applications are at the
end of the report. He asked what that is. LID has a different
meaning depending on what college you attended.
City of Apache Junction, Arizona Page 18
City Council Meeting Meeting Minutes May 3, 2016
Mr. Bryan Smith stated it is low impact
development. Page 4-28 has the resources provided on the bottom
left hand side.
Councilmember Waldron commented this is a
very intensive report. It has some great ideas. He wishes they
had about $800 million to throw at this.
Vice Mayor Barker commented she thinks it
would take a lot more than that, but it would be a start.
Councilmember Evans commented she is good.
They have said it all.
Councilmember Serdy commented he wished they
could do it. He hopes the citizens watching realize a lot of
this will not happen, but bits and pieces of it could. It would
have cost us a lot if he had had to pay for it. He greatly
appreciates what Arizona State University has done.
City Manager Bryant Powell thanked Arizona
State University, Dr. Kim, the group and graduate students from
planning and urban planning. He greatly appreciated their time,
energy and effort for our community. Now begins the process of
thinking about how it can be done. We need that and we greatly
appreciate it. He appreciated staff working in coordination
with them. We have this now as a reference. He appreciated
Larry Kirch, Giao, Janine and Liz Langenbach who have been part
of the team as well as many others. They will keep this, Matt
and he, for the department directors to help guide us.
Vice Mayor Barker commented it will not
gather dust on a shelf.
Mayor Insalaco commented he only wished the
people watching on television could really see how much work the
students put into this. This is no easy, overnight thing. It
took a lot of time and effort and he is sure a lot of sleepless
nights. They all appreciate them very much for doing this.
Ms. Bailey DuBois stated they wanted to
thank them, too. It was a huge learning experience for them.
This is their final project as many of them are graduating,
except Morgan, who should not be here. They really valued this
experience. The city, staff and all of them have been so
welcoming and engaged and it has made all the difference. She
thanked them for their enthusiasm. There are a couple of
sections throughout this report about implementation, grant
research and funding and they hope that will be of use to them.
Mayor Insalaco opened the public hearing on
City of Apache Junction, Arizona Page 19
City Council Meeting Meeting Minutes May 3, 2016
the item.
Mr. George Schroeder, 2444 W. Virginia,
Apache Junction, addressed the council. He stated he went to
several of the meetings and he is not interested in the future
they have sliced up for them. He does not believe they will get
anything. We will be a district of Mesa.
Dr. Joochul Kim, faculty at Arizona State
University, addressed the council. He stated it is a fantasy in
a way but it is reality fantasy. If the residents and the
council can get together and see what they have done, they can
pinpoint what they want to do and can do. If they do something
with a commitment and conviction, things can happen. He hopes
that Apache Junction can realize it and make things happen.
Mayor Insalaco commented people do not
understand that Apache Junction was not a city until 1978. It
was a spot in the road. He really despises the remark that was
made as this city has come a long way for the youngest city,
outside of Tusayan, in Arizona. We had a lot of problems to
overcome and day by day we are overcoming them. He thanked him
for his help.
Dr. Joochul Kim thanked them for giving them
the opportunity. His students have done a remarkable job. He
will send them a final bill.
Mayor Insalaco commented and a rubber check he
will receive.
Councilmember Wilson commented he was going to
say the check will be on a piece of rubber.
City Manager Bryant Powell stated for the
record this did not cost the city anything as it was part of a
student project.
Vice Mayor Barker commented she thinks all his
students should get As. As a former teacher, she truly believes
this project is A worthy. She would also like to address that
former comment. We have a piece of land across from the focal
point that was a fantasy no more than 18 months ago. It is now
being developed into a park because we envisioned it, much like
this book has, and we worked on it, and we have now got the
land, it did not cost the city a cent, and we are working on
putting that park in. Fantasies can become realities if we work
at it, but if we just put it down as a fantasy, then nobody will
work at it. Everybody will just go around and say we cannot do
that and we cannot do this. She believes we can do it and she
believes we all have to work together to do it.
City of Apache Junction, Arizona Page 20
City Council Meeting Meeting Minutes May 3, 2016
Mayor Insalaco called for any more discussion.
Councilmember Rizzi commented she refuses to
lose the hope, too. This is just really great.
Mayor Insalaco closed the discussion with no
further comments and called for a motion.
Vice Mayor Barker MOVED THAT RESOLUTION NO. 16-
20, A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ACCEPTING FOR CONSIDERATION FOR
FUTURE PLANNING PURPOSES THE “APACHE JUNCTION TRAIL
CONNECTIVITY, DOWNTOWN VISIONING AND STATE LAND VISIONING;
CONNECTING PAST, PRESENT AND FUTURE” CONCEPTUAL PLAN, PREPARED
BY THE ARIZONA STATE UNIVERSITY, MASTER IN URBAN AND
ENVIRONMENTAL PLANNING, CAPSTONE PROJECT GROUP, BE APPROVED.
Councilmember Rizzi SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
I. OLD BUSINESS
None.
J. NEW BUSINESS
None.
K. COUNCIL DIRECTION TO STAFF
11. 16-198 Direction to staff on Fiscal Year 2015-2016 human services funding
recommendations. If so directed, the contracts for services will be placed on
the May 17th consent agenda at which time council can approve them or opt
to continue them to another date.
Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember
Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember
Wilson
No: 0
City Clerk Kathleen Connelly briefed the
council on the item.
Mayor Insalaco called for a motion.
City of Apache Junction, Arizona Page 21
City Council Meeting Meeting Minutes May 3, 2016
Councilmember Waldron MOVED THAT THE FOLLOWING
DIRECTION BE GIVEN TO STAFF REGARDING THE FISCAL YEAR 2015-2016
HUMAN SERVICES FUNDING RECOMMENDATIONS: THAT THE CONTRACTS FOR
THE AMOUNTS RECOMMENDED BY THE HUMAN SERVICES COMMISSION BE
PLACED ON THE MAY 17 CONSENT AGENDA.
Councilmember Evans SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
Yes: 7- Mayor Insalaco, Vice Mayor Barker, Councilmember Evans, Councilmember
Rizzi, Councilmember Serdy, Councilmember Waldron and Councilmember
Wilson
No: 0
Vice Mayor Barker MOVED THAT AN EXECUTIVE
SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON
MONDAY, MAY 16, 2016, IN THE CITY COUNCIL CONFERENCE ROOM AND
CITY COUNCIL CHAMBERS RESPECTIVELY; AND
THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, MAY
17, 2016, IN THE CITY COUNCIL CONFERENCE ROOM.
Councilmember Evans SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
12. 16-195 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday,
May 16, 2016.
13. 16-196 Executive Session at 5:45 P.M. for Tuesday, May 17, 2016. Other meetings
if necessary.
M. CALL TO PUBLIC
Mr. George Schroeder, 2444 W. Virginia, Apache Junction,
addressed the council regarding questions and answers and what
would make him vote yes on home rule, the city making dead zones
for years to get grant money and domestic terrorism.
N. ADJOURNMENT
Mayor Insalaco adjourned the meeting at 8:55
p.m.
City of Apache Junction, Arizona Page 22
City Council Meeting Meeting Minutes May 3, 2016
City of Apache Junction, Arizona Page 23
Agenda
Meeting location:
City of Apache Junction, Arizona
City Council Chambers
at City Hall
300 E Superstition Blvd
Agenda Apache Junction, AZ
85119
City Council Meeting
www.ajcity.net
Ph: (480) 982-8002
Tuesday, May 3, 2016 7:00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent agenda items.
These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments,
acceptance of resignations and adoption of certain resolutions and other items which do not require a
public hearing. The consent agenda is a timesaving device of which the mayor and city council is to
receive documentation on these items from the city manager for their review prior to the meeting. Any
member of the council may remove any item from the consent agenda for discussion and cause a
separate vote on the matter later in the agenda.
1. 16-204 Consideration of acceptance of agenda.
2. 16-200 Consideration of award of contract to DBA Construction for the
reconstruction and repaving of Southern Avenue from Apache
Drive to Winchester Road in partial fulfillment of the fiscal year
2016-2017 Street Maintenance Plan. The work would be through
the cooperative Peoria Job Order Contract #ACON43011C for
$861,815.05 including a ten percent contingency.
3. 16-202 Consideration of proposed Resolution No. 16-19, allowing the city
to enter into an intergovernmental agreement with the Town of
Superior for the transfer of law enforcement fleet vehicles and
miscellaneous equipment.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards, presentations from other organizations, proclamations issued by the mayor, and
acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or
donated funds are permitted at this time.
4. 16-210 Proclamation designating May 1st - May 7th, 2016 as Public
Service Recognition Week.
City of Apache Junction, Arizona Page 1 Printed on 5/5/2016
City Council Meeting Agenda May 3, 2016
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of current events.
However, no discussion shall take place on such items except for clarifying comments related to
substance, time and location.
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager may present
information pertinent to items under consideration or information related to the operation of the city.
There shall however be no discussion at this time except for clarification inquiries.
5. 16-194 City manager's report.
6. 16-203 Gustavo McGrew, formerly of Horizon Health and Wellness, will
provide an update of his past work in the community related to
outreach and wellness, as well as how he will continue this work
in our community moving forward.
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any person shall be
given the opportunity to speak. All remarks shall be addressed to the council as a whole and not to any
member thereof. Such remarks shall be limited to five (5) minutes unless additional time is granted by
the mayor. This time limitation shall not apply to applicants and their agents appearing before the
council.
7. 16-208 Public hearing, presentation, discussion and consideration of
proposed Ordinance No. 1429, case PZ-4-16, a request by Sadie
LaBerge, represented by Steven Bocker, for approval of a major
planned development amendment for a General Commercial by
Planned Development (B-1/PD) zoned, .41 acre property located
at 351 N. Ironwood Drive. The request is to establish an
expanded palette of uses for future commercial development on
the property.
8. 16-209 Public hearing, presentation, discussion and consideration of
proposed Ordinance No. 1430, relating to case PZ-5-16, a
request by Gene Rodaway, represented by Leslie Cooke, for
approval of a rezoning for his 1.01-acre combined property
located at 512 and 516 N. Valley Drive (APN 100-15-063 and
100-15-054) from Medium Density Detached Single-Family
Residence Zone, Conventional or Manufactured Home Permitted
(RS-20M) to High Density Multiple-Family Residence Zone by
Planned Development (RM-1/PD).
City of Apache Junction, Arizona Page 2 Printed on 5/5/2016
City Council Meeting Agenda May 3, 2016
9. 16-193 Public hearing, discussion and consideration of proposed
Resolution No. 16-17, authorizing the submission of Fiscal Year
2016 Community Development Block Grant and Fiscal Year 2016
State Special Project grant applications and Resolution No.
16-18, establishing a Residential Antidisplacement and
Relocation Assistance Plan.
10. 16-213 Public hearing, presentation, discussion and consideration of
proposed Resolution No. 16-20, to accept the Arizona State
University Masters in Urban and Environmental Planning
Capstone Project Group visioning and planning study for the city,
called "Apache Junction Trail Connectivity, Downtown Visioning
and State Land Visioning: Connecting Past, Present and Future",
as a conceptual planning document for staff and community
leaders to further study and from which ideas and concepts may
be derived, further refined and implemented and/or codified in the
future.
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which is still
unfinished to include those items previously postponed or tabled. No member of the public shall be
permitted to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
J. NEW BUSINESS
The council shall consider any business not yet considered. No member of the public shall be permitted
to speak on these items unless invited to do so by the mayor after first submitting a written
request-to-speak form with the city clerk.
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters.
11. 16-198 Direction to staff on Fiscal Year 2015-2016 human services
funding recommendations. If so directed, the contracts for
services will be placed on the May 17th consent agenda at which
time council can approve them or opt to continue them to another
date.
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
12. 16-195 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M.
for Monday, May 16, 2016.
13. 16-196 Executive Session at 5:45 P.M. for Tuesday, May 17, 2016.
Other meetings if necessary.
City of Apache Junction, Arizona Page 3 Printed on 5/5/2016
City Council Meeting Agenda May 3, 2016
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests, communications,
comments or suggestions relating to city business that are not listed on the agenda. All speakers must
have already submitted a written “Request to Speak” form to the city clerk no later than the conclusion
of the city manager’s report portion of the agenda. If there is a group speaking on the same item, they
should select a spokesperson. All such remarks shall be addressed to the council as a whole and not to
any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium
or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to
speak about items that are not within the jurisdiction of the city after being warned such issues are
beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss
the matter with one another, but may, at the conclusion: 1) respond to criticism by a speaker; 2) ask the
city manager to review a matter; 3) ask the city manager to place the matter on a future agenda. Each
speaker must approach the podium, speak into the microphone, provide their name and address. There
is a three (3) minute time limit per speaker.
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617
or TDD (480) 983-0095.
City of Apache Junction, Arizona Page 4 Printed on 5/5/2016
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