City Council - Regular Meeting

Apache Junction work session of June 1st, 2026 to order and ask everyone to put their cell phones on silent. Roll call.

Mayor Wilson.

Here.

Vice Mayor Schroeder.

Present.

Council Member Cross.

Here.

Council Member Heck.

Here.

Council Member Johnson.

Here.

Council Member Nesser. Present. Council Member Seller.

Here.

You have a quorum, Your Honor.

Thank you. Presentation, discussion, and agreement with the Apache Junction Chamber of Commerce. Rock.

Good evening, Mayor and Council, Brock Severson and our Economic Development Department here tonight to provide a presentation and discussion on our professional services agreement for the operation of a local visitor information center. So some quick background on visitor centers as a whole. Their main function is to promote local attractions, community events, dining and shopping options, lodging and amenities within a community. They can also sell merchandise and art from local businesses. They're primarily operated by local chambers of commerce or visitor bureaus. But as a whole, they function as a one-stop shop for out-of-town visitors to provide a positive first impression of the area or community that they function in. And the city has contracted with the Apache Junction Area Chamber of Commerce since 1988 for these services. So the current operations and Marianne Schabilsky, the president CEO of the Chamber of Commerce is here tonight to provide more color on it. But a high level overview is that the current visitor center operates out of the chamber facility in the downtown. They have nine volunteers currently. They're also accredited through the Arizona Visitor Information Center designation program. This is operated by Arizona Office of Tourism or AOT. In order to get that designation, they have to follow strict guidelines and categories like operation requirements, reporting, certain inspections and then training as well for their personnel. They also receive exposure on official AOT publications for having this accreditation. The visitor center also receives very positive performance reviews online, 4.6 out of 5 stars on Google reviews and 4.7 out of 5 on TripAdvisor. They're also one of the most well-visited visitor centers in the AVIC program, which is good to note. So our current service agreement with the Chamber ends on June 30th, 2026. $58,400 was the amount due for this fiscal year with the Visitor Center. So similar to the current contract, the proposed terms for the future service agreement are a three-year agreement with options for two one-year extensions and 4% annual increases for that payment. So you can have a look there at the annual amounts due for each fiscal year, and then for the extension options. Staff recommends to continue to contract four visitor center services with our chamber, and this item is anticipated to be on the consent agenda for the June 16th City Council meeting. So as I mentioned earlier, the chamber is here to represent and answer any high-level questions about her operation and also get a presentation on what they do as an operation, on the statistics that they track for visitors, phone calls, etc., and then economic development staff is also here to answer any questions.

Okay.

Thank you.

All right. Marianne.

Good evening, Mayor, Vice Mayor, Councilmembers, and city staff. I'm Marianne Schubilski, President and CEO of the Apache Junction Area Chamber of Commerce and Visitor Center. Thank you for the opportunity to present an overview of the Apache Junction Area Chamber of Commerce and Visitor Center and our ongoing partnership with the City of Apache Junction. Tonight, I would like to share the impact of the Visitor Center, highlight our accomplishments over the past year, discuss the value we provide to our visitors, residents, and businesses, and review our plans moving forward. The Apache Junction Visitor Center serves as the community's front door for visitors, prospective residents and businesses seeking information about our area. Our team provides tourism information, relocation resources, maps, event information and referrals to local businesses. Beyond answering basic questions, the visitor center serves as a connector, helping visitors discover local attractions, restaurants, shops, lodging, events, and services that contribute to our local economy. The Chamber's management of the Visitor Center represents a long-standing and successful partnership with the City of Apache Junction. Operating under contract with the City allows us to efficiently provide visitor services while aligning with broader City priorities. Our work directly supports tourism promotion, economic development efforts, community engagement initiatives, and quality of life enhancements that benefit both visitors and residents. 2025 was another productive year for the visitor center. We served 9,604 visitors from Arizona, across the United States, and around the world. We increased community engagement through events and outreach activities, expanded programs and services, and enhanced visibility of local businesses through referrals and promotions. And a significant accomplishment, which Brock told you about, is the continuation of our designation as an official Arizona Visitor Information Center through the Arizona Office of Tourism, placing Apache Junction among a select group of recognized visitor centers statewide. This designation is not automatic. Visitor centers must meet rigorous standards and undergo periodic inspections to maintain their status. I'd like to take a moment to share this letter from the Arizona Office of Tourism. The letter confirms that the Apache Junction Area Chamber of Commerce and Visitor Center remains in good standing within the Arizona Visitor Information Center program. The Arizona Office of Tourism notes that our performance, conduct, and compliance with program requirements have not only met but exceeded their standards. During the most recent on-site inspection in September of 2025, no concerns were identified and no corrective actions were required. The letter also acknowledges the visitor center's dedication to promoting Arizona to travelers from across the country and around the world. I believe this recognition is important because it provides independent validation from the state of Arizona that the visitor center is operating at a high level and delivering quality services to visitors in our community. That recognition from the Arizona Office of Tourism is reflected in the work we do every day and the number of visitors that we serve. So let's take a look at our 2025 numbers. These numbers illustrate the reach of the visitor center. In 2025, we served 3,699 Arizona visitors, 5,193 visitors from other states, and 712 international visitors, for a total of 9,604 visitors. Every one of these visitors represents an opportunity to showcase Apache Junction and encourage spending at local businesses, attractions, restaurants, and lodging establishments. This slide demonstrates the broad geographic reach of Apache Junction's tourism market. Visitors come from nearly every state in the nation, with particularly strong representation from the Midwest, no surprise. Minnesota leads the pack, followed by Iowa and Wisconsin, And we also on our west side, our western states, as well as our northeast states, see quite a few visitors. These visitors often spend multiple days exploring the area, generating economic activity throughout the community and supporting local businesses. Apache Junction also continues to attract international travelers. Canada remains our strongest international market, accounting for the majority of foreign visitors, but we also welcome guests from Europe, Asia, and Mexico. These visitors often seek authentic local experiences and frequently rely on our visitor center for recommendations and travel assistance, making our services especially valuable. This comparison illustrates visitor activity trends over the past two years. While seasonal fluctuations are expected, overall visitation increased from 9,409 visitors in 2024 to 9,604 visitors in 2025. This growth demonstrates continued demand for visitor center services and reflects the effectiveness of our outreach, partnerships, and promotional efforts. The visitor center's impact extends well beyond the individuals who walks through our doors every day. Each day, staff and volunteers refer visitors to local businesses, restaurants, lodging providers, attractions, and service providers. We support community festivals and special events that attract additional visitors, drive spending throughout the city, and help strengthen Apache Junction's local economy. By connecting visitors with local businesses, we help create economic opportunities that benefit the entire community. The visitor center provides a wide range of services, including visitor assistance, relocation information, business referrals, promotional support for local businesses, event coordination assistance and volunteer engagement opportunities. These services help ensure that both visitors and residents can easily access the information and resources they need. Marketing plays a critical role in increasing awareness of Apache Junction. Through our website, social media platforms, Discover Magazine, visitor guides, and regional partnerships, we actively promote Apache Junction as a destination to visit, live, and do business. These efforts help expand the city's visibility while supporting local business and attractions. The visitor center operates using a highly efficient and cost-effective model. A small professional staff is supported by an exceptional team of dedicated volunteers who play a vital role in our daily operations and visitor experience. Currently, we have nine active volunteers. seven are year-round Apache Junction residents, and two are winter visitors who return each season to continue serving our community. What makes this team especially remarkable is their longevity and commitment. Their individual service to the visitor center ranges from three years to nearly 27 years, and four of our volunteers have each contributed more than a decade of service. Collectively, they bring a tremendous amount of knowledge about Apache Junction, its history, attractions, businesses, and community resources. Their passion for welcoming visitors and sharing information about our community creates a positive first impression for thousands of guests each year. This volunteer-supported model allows us to maintain a high level of customer service while maximizing resources and providing value to the city. So looking ahead as we look forward to the future, our priorities include expanding our outreach efforts, enhancing visitor engagement, increasing promotional opportunities for local businesses, and continuing to line our activities with the city's strategic goals. Our objective remains the same, to strengthen Apache Junction's reputation as a welcoming destination and a vibrant business community. One exciting initiative currently underway is the visitor center refresh project, which will take place in July. This effort will modernize the facility, improve the visitor experience, and create a more welcoming and functional environment for our guests. The refresh will allow us to better showcase local businesses, attractions, and community resources. We work closely with the Arizona Office of Tourism regarding the temporary closure required to complete the project and received their approval to proceed while maintaining our designation as an official Arizona Visitor Information Center. We're excited about the improvements this project will bring and the enhanced experience it will provide for future visitors. The proposed contract renewal continues a partnership model that has proven successful for many years. The Chamber remains committed providing the same high-quality visitor services, business referrals, tourism promotion, and community engagement efforts that the city has come to expect. This partnership delivers consistent value while leveraging chamber resources, volunteer support, and established relationships to maximize the city's investment. In closing, I'd like to thank Mayor, Council, and staff for your continued support and partnership. We are proud to serve as ambassadors for Apache Junction and remain committed to promoting our community, supporting local businesses, and enhancing the visitor experience. Thank you for your time and consideration. I'd be happy to answer any questions.

Anyone have any questions? I have an odd question. Okay, Marianne, you know I'm going to have an odd question. First off, I know how dedicated the volunteers are, because every time I come in there for anything, they're upbeat, they're friendly, and I can totally feel welcomed by them. I'm kind of curious, though, whether over the time, whether the chamber has heard questions that people ask for maybe an attraction or an amenity or something that you have to give. We don't have that as an answer. because if there's something that visitors come here for that maybe we should be looking at in the future, it's the feedback of those people that come searching for, and if we can't give a positive. So do you have any feedback on something that they ask for and we don't have? Absolutely.

I look to our visitors. Our volunteers are very resourceful. They love this tool called Google, and if they don't know offhand or we don't have the resources in-house, they will Google it. They will even call other centers to ask, what do you know about this? So we try every way we can to assist those visitors when they come through the door.

But is there anything in particular that people are asking for in our area that we don't have? I know we've got a great library, we've got great parks. Is there anything that they ask for that we have not supplied yet?

Not really. A majority of our visitors walking through are here for specific reasons. They're coming to hike, to bike, to see a specific attraction. And they might ask for additional information on that attraction. Or they may say, I know I'm going to spend my half a day here. What do you recommend we spend the other half of the day? And again, this is where our volunteers who have this tremendous knowledge are able to share, well, if you're ever in this part of town and you must stay there, do this. But if you're willing to go over to this part of town, I might recommend this.

All right, thank you.

You're welcome.

Yes, you're on. Yep. Marian, I have a curiosity question. She has an odd one. I have a curiosity question and a comment. quite a number of years ago, the Chamber was trying to track visitors by counting door swings. Was that something that ultimately just didn't pan out? Because it seemed like, when I was there, it seemed like, well, there may be merit to it, but was that a no-go?

Over the years, what they have found, there truly was not merit to it, and I will tell you why. Every time I walked in and walked out, I was counted. Every time all of my board members walked in and walked out, they were counted. Every time volunteer staff walked in and out, they were counted. So it really was not a true reflection of the count. We are utilizing what is approved by the AOT, literally, of our volunteers to ask every single visitor who walks through the door, where are you from? And I would say we're probably 98 to 99% accurate. There are some times in January and February when it's a little bit busy. They might miss a couple of them, but they do a tremendous job of tracking down every person and asking, where are you from, and tracking that on our sheets.

Good, thank you. And the comment, I've had the opportunity over the years to work with you and the Chamber, not just with the Mounted Rangers, but other capacities, and has been a delight to have the opportunity to recognize how dedicated you folks are you really care about the city i know we've we've worked together on some events and it's you know i you can clearly observe that you know you guys make certain that these events go off well that they're well organized and and process through so I Really appreciate all that the chamber does for us Also, how many folks how many staff do you have to to to to staff to run a Chamber of Commerce I find that to be Absolutely amazing I do I just hope you guys don't burn yourselves out because that's Because it's that's not easy because it's you know, you know See a lot of visitors and stuff it it's you know, you have to be on be on the ball But I I commend you for running that operation with two full-time staff.

Thank you very much Marianne I Apologize if I have to ask the hard questions So I know a number of years ago, the name was changed. And it was designed that way to attract businesses from outside of Apache Junction to join your chamber. Now let's say we have a winter visitor here at a mobile home park who needs a plumber or electrician, they come to the Chamber of Commerce. Are there instances where you are recommending businesses outside of the businesses in the city to those people?

If they are a member of the chamber, We will, yes. And sometimes they're our only option. But as much as we can, we will first always recommend a city or organization that is located here in Apache Junction.

I don't have any questions, but I just want to pass on information. And if you're not aware, I was a volunteer at the Chamber of Commerce for, I don't know, five years, give or take. There's no place in this town I haven't volunteered. And number one, it's one of the best places if you want to do something for your community is go volunteer. But my point is what's being presented to us, the amount of money that we are paying our chamber to run the visitor center, there is no way that the city could do what they're doing for that price because we'd be paying I don't know, for nine volunteers. And I can tell you, in December, January, February, March, April, four or five months of the year, We were busy with all the visitors from all over, as soon as the doors opened, all day long. So yeah, we pay a small price. The city pays a small price for what they're doing for promoting the city of Apache Junction.

I just want to say thank you. I've been to most of your events. You do a great job. You promote the city really well. You promote the small businesses really well. And I'm really pleased with what you guys do. And I just want to say thank you to you, your other employee, and all the volunteers.

Thank you very much. I greatly appreciate it.

Okay. Well, thank you. This is going to be going on to our general meeting. IN THE CONSENT AGENDA, CORRECT?

THAT IS CORRECT.

OKAY.

TOMORROW.

NOT TOMORROW, BUT FOR NEXT TIME, YEAH.

THANK YOU. OKAY, PRESENTATION, DISCUSSION ON RESOLUTION NUMBER 26-25. CHIEF PULLEY. CHIEF PULLEY, YOU CHANGED.

Good evening mayor vice mayor council lieutenant painter the PD tonight I have a brief presentation on a training IGA between Mesa and Apache Junction Police Department So this IGA represents a great partnership opportunity. Mesa PD operates its own dedicated driving track, which would be huge for us. It's a shared training, so we would reduce duplication and operational costs. And it's also, it would be regional training, so it would improve interoperability between our agencies. This agreement also meets ARS 11951. It's a cooperative agreement that includes driving training, firearms, and various tactical instruction. Each agency would remain responsible for its own personnel and equipment. And this agreement term, if approved, would run through May 3, 2027, with the option for two additional two-year renewals. Staff recommends that you approve this IGA. Told you it was brief. Thank you. Any questions?

Any questions? Mayor? Yes.

Just a comment. One thing that the city of Mesa police do extremely well is training. I have to give them that. I've been there for 32 and a half years, so I agree 100% with this. Getting on board with them and getting trained cross-trained so if we ever have to come over here or you have to come over there to help us out we're all on the same page plus like you said you're not duplicating resources you can get everything done it's a lot cheaper for both agencies to do that and like I said Mesa does a lot of good training and I'm really happy you guys are gonna get on with them and use their facilities they got great facilities and get our guys trained as best they can be

Yes. I see from the presentation our department would be responsible for paying our personnel that we're attending as well as providing the equipment. Is there no other expense that we would have to bear for this?

So there is no expense attached to the IGA. If there was a like a some kind of training expense that both agencies agreed to, they could agree to that at the time. Like if they needed to rent a vehicle or something, for example, it would be a shared expense. And we would have to agree on it at the time.

We can do that and utilize the program and not have to pay any more expense.

No, thank you.

Thank you. Matt, for this one, we're planning on bringing in two weeks as well, correct?

Okay.

Correct.

Presentation, discussion of First Amendment to the Senior Service Transportation Agreement. Jamie.

Good evening, Mayor and Council. I'm a little sore after Thursday's pickleball lesson, so forgive me. I'm actually here for the third amendment to our agreement with our longstanding partner with Central Arizona Council on Development Disabilities for the Transportation of our Senior Services. So a little bit of history. You've all been here long enough to remember that in 2017, we entered into our first agreement to provide the transportation to our center for mostly our congregate meals. But in addition to that, to any social programs that we have, we also do some shopping and some medical trips. And we've also helped do food box from Superstition. food bank to be able to get those food boxes to homes as well so back in 2022 we came with our first amendment and it was a slight price increase per person along with if we needed additional services for a per mile and a per hour then we came back in 2024 where we added our second amendment and we went from a per person rate to a flat daily rate So I just want to share a little bit with you some numbers that we feel are fairly important. And again, this is what that transportation helps provide. Without having the transportation, these numbers would not look like this. So we have several partners through Central Arizona Aging as well. And because we receive federal funding towards this program as well, there is no charge to the riders. So the vans pick them up from their house, and they bring them to the senior center or to the multi-gen center for senior services. And then the van takes them back home after those services are over. So the changes to this amendment is in, these are the key points to the amendment. In 2024, we went to that 240 flat rate. We're going to, what they are asking is to go to a 275 flat rate. We're going up a little bit in our miles and our per hour. They did not increase the rate for those extended days where we take them to Walmart or to Fry's to go shopping or those food box delivery dates. And we are also adding language to this amendment as our city has now grown, so has their service area. And so they're asking that when we go beyond that established service area, it would be an extra $20 for that day. So we feel that with the rising cost of fuel and the personnel cost, our broader service area, that these asks to this amendment is fair. And that we would recommend that when I come back in two weeks, we would hope that you would consider approving the third amendment. And at this time, I'll take your questions.

Any questions? No. Don't see any. So go back, sit down and rest.

Okay, I'll see you guys in two weeks then.

Presentation discussion on resolution number 26-02. Liz.

Good evening. Liz Langenbach, Parks and Recreation Director. So we are in the process, our fabulous outdoor recreation coordinator, Elliot Anuta, he submitted a state parks grant recently to replace approximately 140 signs at all of our stepovers and vehicle access gates along our multi-use trail system. So a little bit hard to see on the big screen, but every place that we have any type of a gate or where there's horse crossings, all of these little dots all along our system through the state trust land as well as our BLM property and all of the access on all of our Wildcat trails that get to our main trail system along the power line trail. Everywhere that those gates are, we have a sign, and those signs have notices about what is allowed, no camping, and what is not allowed. So no camping, no dumping, the types of uses of this no motorized access, all the types of use that's allowed on our multi-use trail. Those signs are very old. They've been there since the very beginning. And so it's time to replace those and update them with more current information. We want people to know who to call when they have issues. So we would like to update them with our see something, say something messaging and just to have a little bit more clear messaging. And so Elliot wrote a grant to receive $10,000 to replace the signage. He went through several meetings with state parks and we were approved. It's going to the final step now through, it's a pass through for national parks. And the very last step is to get a resolution through council. Our match is just staff time for installation. So our two person fabulous trails team will be installing all of these. That final award would occur in the fall of 2026, and in your packet is the resolution that we have submitted to the state with Joel's help. And so we are requesting the approval of resolution number 26-02, authorizing the submittal of a Recreation Trials Program grant application that the state would be submitting on our behalf to National Parks. If you approve that, After tonight, this will be coming back to your consent agenda item on June 16th. And with that, I'm happy to answer any questions.

Any questions? Yes.

Are the signs going to be made in-house?

No. These will be made... No, Public Works can make certain types of signs. These will have other colors and other graphics and design on it. So I think there are some limitations of what the Public Works crew can do. Additionally, they probably have limited time and resources to be able to do their signs.

Oh, they're just sitting around with their phones.

Yeah, I'm sure that's the case. I'm happy to ask them, but yeah. So we are getting grant funds to be able to, we got a quote from local vendors here in Apache Junction.

You are correct in that the signs are definitely old. They show a lot of wear. They used to be another sign with a new, you know, with a paste over.

Right.

You can see the old. writing behind it. So it's great that we're getting these replaced, and I look forward to seeing the new ones.

I was just going to mention that, but yeah.

Do you have a question? I didn't do it. OK. Thank you.

Okay. Presentation and discussion of case P-26-6-PZ. Mr. Hudson.

Good evening, Mayor, Vice Mayor, City Council. My name is Hudson Meyer. I'm a planner with the Development Services Department, and I'll be presenting the facts for case P-26-6-PZ. This is a simple rezoning request by Kimberly Bergman to rezone in approximately one and a quarter acre parcel located at 275 South Cactus Road from RS-10M to RS-GR. THE PROPERTY IS BORDERED TO THE NORTH AND SOUTH BY SMALLER RS10M ZONED PROPERTIES. IT IS BORDERED TO THE EAST BY WEAVER'S NEEDLE RV RESORT ZONED RECREATIONAL VEHICLE PARK OR RVP. AND TO THE WEST THERE ARE MORE RS10M AND RSGR ZONED SINGLE FAMILY RESIDENTIAL LOTS. CURRENTLY UNDER THE GENERAL PLAN LAND USE MAP IT IS DESIGNATED MEDIUM DENSITY RESIDENTIAL The proposed rezoning would bring it to a low density residential designation. As this is going from a higher to a lower land use designation, lower density land use designation, this does not require a major or minor general plan amendment. Here's the site plan for the proposed rezoning. The only change that would require a permit on this property currently is the 8x20 shipping container in the southeast corner. Shipping containers are not permitted in RS-10M. However, they are permitted in RS-GR. So if this property were to be rezoned, that cargo container could be permitted. The applicant has complied with all public notification requirements, including a signposting, mail notification, and a newspaper ad. A neighborhood meeting for the case was held at the Apache Junction Multigeneration Center on Thursday, January 29, 2026. There were a total of 10 neighbors in attendance who discussed the proposed rezoning and how the nature of the property may change. Staff has received comment via email from five residents, three in support and two opposed to this rezoning. Two members of the public appeared at the Planning and Zoning Commission public hearing and spoke in support of the proposed rezoning. And additionally, staff has received a follow-up from one of the objectors noting that their concerns were addressed at the Planning and Zoning Commission hearing and they no longer object to the rezoning. Planning staff recommends the approval of P-26-6-PZ, finding that the proposed rezoning brings the zoning of this property more in line with that of similar parcels in the area. On May 12, 2026, the Planning and Zoning Commission evaluated the rezoning proposal and voted 6-0 to forward P-26-6-PZ to the Apache Junction City Council with the recommendation of approval subject to the conditions of approval found in the staff report. This case will go to city council public hearing on Tuesday, June 16th. And if there are any questions, I will be available to answer them.

Any questions? Yes.

There's one email that was sent out by one of the neighbors just to the south. They're very concerned that there is actual business, commercial business operation taking place at that residence. when you have semi-loads of drywall delivered to the front, forklift to the back, stored temporarily, and then relocated to who knows where. If that doesn't say commercial activity, I don't know what does. Right, so, and, well, sorry to interrupt you, but some of the comments that Mr. Bergman has made, or, you know, indicate that he's running a business, but he got the house for his daughter, autistic grandkid, and his daughter's spouse. But there seems to be other things going on.

So it is staff's understanding that there is not any commercial activity taking place at that residence. That was a concern that was raised by the public and we had originally elected to include an additional condition of approval that stated that there would be no commercial activity taking place at this residence. However, Planning and Zoning Commission felt that that was redundant as they had felt that the zoning of the property is independent of any code compliance issues that might arise as a result of any business activity. And so they elected to remove it from the conditions of approval.

I also noticed that the fire department has a lot of concerns over it. Because one, they view it as being potentially a commercial business being operated there, and that there's no fire hydrants close by. And there's currently a business in town that's going through that kind of a headache right now where fire hydrants are required and there's none available. And so please explain. I mean, if the fire department sees an issue there, it seems like there's possibly an issue there.

So I can't speak for the fire department, but they did not note that they had any objections to this proposed rezoning. There are some concerns they had about access, specifically the easement on the southern end of the property that provides access to all of those southern parcels as well. However, once again, they did not mention any objections to this rezoning.

And then my last question regards the road access on the south side of the property. Is that a dedicated, guaranteed right-of-way for those two other residents right there?

That is a dedicated easement, yes.

Anyone else? Yes.

I'm curious, is this cargo container the reason why they want this thing rezoned?

It's part of the proposal. Additionally, due to the accessory structure regulations in RS-10M, you cannot have accessory structures that in totality exceed 50% of the gross floor area of your home. So with the two sheds that are already on the property, they're maxed out in terms of accessory storage. They would like to potentially add a garage for additional storage, which is not something that would be permitted given the current zoning of the property.

After I'll have to watch that planning zone me so you have the public suggesting there is commercial activity going on there You have the fire department suggesting there's commercial activity going on there so when a staff says no They have a meeting and PNZ takes the condition out That my following you right that is correct. Yes.

I like to see it put back in Another comment was from Mr. Harshman from the RV park. And apparently there's been a lot of issues with the residents that, you know, winter visitors that park their units right there and back up to that property. And, you know, they weren't here to complain about it because they're not here, right? But at the same time, you know, just if this sounds like a duck, it probably is.

I didn't have any questions, but I did have the, reading all of this, the concern of why specifically they're even asking for a rezoning unless, I mean, there's gotta be a reason. Yeah, but it's gotta be more than just putting in a garage or something like that. I mean, what's their purpose for wanting all of these storage facilities and things?

Your Honor, while they're working on it, can we have Joel explain how easy it is to add a condition that the Vice Mayor mentioned?

Mr. Mayor, City Council. Yes, actually, the issue was at the P&Z, the question was, well, it's not going to be a commercial zone, so why would you have a condition? It's already assumed because it's a residential. And This was brought up by staff, and the P&Z decided, we don't want to put that in. There was discussion about that. It's already assumed that you can't have commercial there. However, if you want to put that in as a special condition because you have received complaints, you certainly can do that at the City Council meeting.

And additionally, the applicant will be available at the City Council public hearing to provide more context on what the purpose for the proposed rezoning is.

question to the city attorney what are what can we do if they are doing this after we if we would do this and they are running some sort of commercial business what are what can we do to find them shut them down how long will it take well they have to be investigated just like any other case and it could be a

You could do your progressive penalties, civil and then misdemeanor. You could go straight to misdemeanor because it's a zoning violation and you could stop them from doing it and if they don't, there'd be a criminal penalty which could end up in a jail situation or a fine and also an order from the judge saying cease and desist. Okay.

So I have a question for Joel too then. Let's just say this condition was put in there. Think some more conversation needs to be had before we start doing things like this, but so far. I'm leading that direction um We find out there is commercial activity going on down there.

I'm assuming then there are CUP is revoked Well it takes an action by the council to To revoke a CUP.

But that would give us just cause.

Absolutely could.

And then at that point, let's say this down a year down the road, they had already built these. Well, you're talking, I'm sorry.

This is a rezoning, not a CUP.

Yeah, this isn't a CUP. Oh.

Is that what you mean? I'm hearing conditions and all of a sudden my mind.

What you mean, can you do something with the rezoning? Sure, that's what I mean, yes. Well, you'd have to, you'd probably have to have a hearing on it. And then you could revert it back. But remember, there's also Proposition 207. So if you diminish the value of the property, there could be some exposure there if it's considered a diminishment of the value of the property, if you rezone it.

I got one question, if you don't mind. Any aspect on it? No, if they are currently doing, I'll say, some business there, the current zoning, Is that allowed in the current zoning or is that a violation of the current zoning?

No, so if there were to be commercial activity taking place at that residence currently, that would be considered a code violation. That would be the case for if it remains RS-10M or if it were to be rezoned to RS-GR.

Okay, so if they're doing it, they're already in a violation right now.

That would be correct, yes. Your Honor. That was primarily my question was I would have thought that it was... not allowed as it is, but has that been investigated? I mean, what level of pulling things in and storing and selling it from someplace else? Where is that gray area falling on whether this is actually conducting business or whether they're storing as an additional shed? I mean, I can't tell where the difference is, especially because, as they said, they're backing up a semi-truck and running a forklift. So is that code compliance that has to go out to determine that? Who makes that determination?

That would be your development service department. It would be the zoning division. It would be code compliance.

But right now, yes, if they are doing that level of commercial activity, that is illegal. I have a question, and maybe the right man is coming up to the podium. Don't say that. No offense. Can I say it? Was this rezoning, was this the owners coming to you or did they get popped on some code violation and this was a solution for them to get out of it?

I believe this started as a code violation about the cargo container specifically. So they came in they discussed with staff what the options are where the options of course is to rezone the property In order to be allowed to have a cargo container and also to allowed additional buildable area And these folks the property is an acre and a quarter so so rezoning to GR or RS-54, one of those large lot zoning districts, was the appropriate district to rezone to, but it did start with a cargo container complaint, which was verified by our code compliance folks.

I don't know if you even have this information. When the complaint was filed, was there any sort of detailed information behind that complaint, or was it cargo container, or was it They're loading drywall on this cargo container on their property.

I'm not sure if the drywall issue was...

It was just a cargo container, period. Hey, there's a cargo container here. It shouldn't be here.

Yeah, the additional possible business activity issue came up later.

Okay, thank you. Did you look into it, or was it later, and you haven't had a chance to look into that yet?

Well, we haven't had a complaint about that specifically. The gentleman, the applicant did speak a little bit at the P&Z hearing on, you know, about they have a business and sometimes there's a truck there, sometimes there's not a truck there. They indicated to us that they are not running a business out of the residential property. It just so happens sometimes they visit, sometimes they bring their truck. It seems to be that kind of an activity, but obviously if we were to receive additional complaints, there would be grounds for follow-up and grounds for suspicious activity.

So if he's running a business and he wants to store stuff there, is he allowed to?

That's a really good question. Perhaps in the shed, but not just out on the property. You can't store building materials or construction materials, stuff like that.

I don't think he's going to put drama on the weather. He's going to put it in a shed, you would think. Right. Or a storage unit.

Yes, sir.

But there would be nothing against that. If he was storing stuff there and then when he needed it, it would just take a truck, pick it up and take it out without selling it, doing it out of his business.

That's a good question. You'd have to be caught, and there had to be some kind of documentation. That would be challenging to prove. Yes.

Rudy, so I want to make sure I understand. The applicant is Kimberly Bergman. Correct? Yes. Okay. Am I correct that her father purchased the property for Kimberly and her family?

So Kimberly and her husband purchased the property for their children.

Okay. Okay. So Kimberly owns the property, but it seems like old Pops here is running some business out of here. Is that possibly the case?

To staff's understanding, there is not a business being run out of there.

I guess what I'm saying is, and I don't know if they can do this, can we request in the strongest possible manner that her father be present for this so that we can question him? Can we do that?

You could ask the staff to ask them to show up. You could ask.

He seems to be a linchpin in this whole thing because he's the one that apparently has the forklift running around and picking up drywall. So it seems like he's important in this whole thing.

Yes. So at the PNZ hearing, Kimberly Bergman attested that the forklift is inoperable. It's just happens to be on the property. It is inoperable. Yes, that was what she had attested at the at the Planning and Zoning Commission hearing. SHE ALSO SPOKE TO THE NATURE OF WHAT HER HUSBAND'S BUSINESS IS AND WHAT KIND OF ACTIVITY HE CONDUCTS AT THE PROPERTY, AND THAT WAS AN ANSWER THAT WAS SUFFICIENT FOR PLANNING AND ZONING COMMISSION TO RECOMMEND APPROVAL.

HER FATHER OR HER HUSBAND? HER HUSBAND.

SO I BELIEVE, PETER, THAT KIMBERLY AND HER HUSBAND BOUGHT THE PROPERTY FOR THEIR CHILDREN.

THEIR CHILDREN.

THAT IS CORRECT. SO KIMBERLY'S FATHER IS NOT EVEN PART OF THIS. THAT IS CORRECT.

Oh, okay. I guess maybe I misunderstood. I thought he bought the property. Someone's saying that he doesn't even live there. They don't. Who doesn't? Kimberly and her husband. They don't. Oh, okay. So we are back to this. This is really weird. So then they don't live there, but they're operating. Somebody's there, and somebody's running some kind of deal there, right? I mean, it's just.

Again, I think at the June 16th public hearing, the applicant will be able to provide a little bit more clarity on what the nature of that is. I don't want to speak for them here.

I realize that's a word. I'm asking you questions that you don't necessarily have. We all need to understand how this dynamic is working here. How can nobody live there, and yet there's seemingly the potential for it?

The kids live there. Yeah.

Oh, I thought the kid had autism or something.

No, they have the daughter's son.

Mr. Mayor? Yes. Can I ask Rudy a question? Yes. Rudy, if the council denies this rezoning, there will be a violation of having the cargo container on that property. Is that correct? That's correct. What's the process of removing that cargo container?

It starts out with the courtesy notice from code compliance saying you have a container on a property that's not zoned to have a cargo container. Please remove within a certain amount of time. There would be a follow-up inspection if the container's still there. Then there would be a notice of violation followed by another inspection a few days later. So it's a process. It's a process by the time... If the time frames are not met, then there would be, refer to the city prosecutor for action to go to court.

And does your department know how long that cargo container has been in that location?

I'm not sure when the complaint came in. No, we don't. Since the case started in January, it's probably right around January that we first received the complaint.

Your Honor. Rudy, is it true that they had two containers and they've already gotten rid of one? Yes, sir. Yes, sir. That was not brought up in our packet, but it's in the planning and zoning packet that I read through.

I have another question for Rudy as well. Did I read that under how they're coded right now that they cannot have the outlying structures of more than 50% of the footprint of their double-wide? Is that correct? That's correct. So if that would make it that they could have 14 by 22 based on the size of the double Y. You don't count the porches, right?

Right, but there's also additional sheds on the property.

Well, that was my question because I'm looking at the square footage of each of those. There's an 8 by 8. There's a 8 by 12, and then there is a 12 by 32. Yes. Are we at a place that when you add all that up, are they still in compliance to be 50% if they took the cargo out? Or are they still over?

I'd have to look at the numbers, figure out exactly how much livable area is in the mobile home, and if any additions have been done. I don't know that we have a precise number at this point. If they were to be rezoned to GR, basically that problem goes away. Because in a GR zone, you can have an unlimited, there's no size limit to your accessory building.

Yeah, because it just sounds like if, If I'm looking at a 12 by 32 already and the most they could have is 14 by 22, it sounds like the other two sheds would have to go too.

Well, we'll take a good close look at those numbers. Okay. Have that information for you at your public hearing.

Okay. Anyone else? Okay. Thank you. Mr. Mayor. Presentation, discussion on livestock feed.

Your Honor, I can kick this off. The point of departure that staff had from the last meeting was to provide to you answers to two questions. One was how much TPT or sales tax the city receives or derives from livestock and we were able to send that to you and Answer and the answer is we cannot tell it's a misdemeanor for There's on the Department of Revenue to reveal that number so we don't know and we won't know exactly how much that number would be and the second question we were asked is to try our best to find a range of how many horse properties would be or are in the city. And we provided that to you in a memo. And at this point, unless there's anything else, Rob is here to answer any TPT questions you may have.

I would like you to read right out loud as to what the horse ratio was, because not the general public would know what that was.

Two to 400 properties. That would represent about one to two percent of all properties in Apache Junction. Thank you.

So that's a total of 17,000? Yeah. Total properties and two to four hundred of them are zoned?

Well, 1,500 are zoned in the corridor, which have horse privileges. And just from a cursory look at what looked like it may have horse-type activity on it, there's 200 to 400 that we estimated, that staff estimated may have horses on them.

Mayor? Yes. I really don't think we should go forward with this. We have no direct number. We can't get a direct number of what it's going to cost us. The bottom line is we already took two hits. We took the sales tax or the rental tax hit, and we took San Tan Valley Incorporating hit. And we don't know what the number is. And I am absolutely not going to vote for this if I don't know what a number is. And I get it. They're saying we can't get the number, which is kind of weird to me, but that's what it is. And it's not going to be that big of a number. And people should shop in A.J. and pay the sales tax because it helps the city. We use that money to build things and make things and do things. So I am just going to say I'm a no on it right now because I didn't get any information I needed, and that's where I stand.

Your Honor, I'm still at the same place that I was before. When I look at the fact that we are talking 1% to 2%, of the people who live here, I don't see in any good conscience making a rule change for one to two percent of the people when we're supposed to be looking out for the majority of the people. I would, I don't see, I would rather not pursue it.

Your Honor. Yes.

You know, I brought this up because a couple different individuals asked me about it and You know, they even sent out an email that went to both the mayor and myself. And I get it, you know, I understand their frustration with it, but I also understand the city's position and fellow council members' position. And, you know, I was looking at it more of being similar as other cities, like Mesa, not charging taxes. But, I mean, it's obvious that I would venture to guess that most of the council is not in support of this, and therefore I acquiesce and would assume drop it.

I'm going to make a quick comment, and then I'll let it go because I'm on the way out too. But any aspect is it's, excuse me, the equine community, or the livestock community, because this includes all livestock, not just, and I'm talking cattle, chickens, any aspects on it. So it's not just horses that this is addressing. Excuse me. But, you know, here we have a, I'm going to say, stores in the community. There's only two that supply the feed. We used to have another one, but they've gone and they've left. And the other two are still continuing on. It's something that a lot of people that are, and I'm going to point the fingers right here to me, is when we go and buy our feed for our animals, in the aspect on it, a lot of times we're buying other things as well. And so when it comes time when you're buying the feed and you're paying sales tax on $18 to $20 a bag for a feed, and then you just go two miles further down the road and buy that same feed bag for the same price, and you're not paying that additional sales tax on it. That happens. And what the idea was is trying to put a leveling field here between our two operating facilities with facilities that are over in the next city. And I've seen, when I've been over there, there's a lot of people from the equine community that are buying, and they are people that also live outside the city that are buying the feed, they're going over there and buying it versus buying it in our city. Okay, I said my little spiel. No other comments?

Your Honor, Bambi two weeks ago said when she spoke on this about us opening Pandora's box, And the Pandora's box that I see on this is if we are going to give one portion of our community a break for their pets, their farm animals, now we're opening that Pandora's box for dog food, cat food, fish food, guinea pig food, you name it, every pet in Apache Junction. So how can we justify these people's pets but not these?

Well, first off, this is a state law that we're trying to be in agreement with because state law does not do that. It does not include dog food. We're just meeting the state law requirements.

My understanding was, I'm sorry, Mr. Mayor, my understanding was this was really designed originally for ranchers and farmers that had a large number of livestock and cattle and goats or whatever. That seemed like that was the original intent of this tax code issue. And I don't think that's not really the case anymore.

I'd be really curious as to know why Mesa doesn't collect it versus why they chose not to collect the tax when the state changed the rule.

I do think you need to look at the fact that 42% of the council is owner of horses versus less than 2% of our people. And I really think that it looks a little too much special interest if we do something along those lines for 2% when 42% of the council are in the same boat.

Again, I'm going to say it. What's to stop people from going to the fries and Mesa and not paying a food tax? I would hope that the residents of our community would support us that because that money goes directly back into helping Apache Junction fulfill the needs of our community. That's how we get some money in to do those things. If they want to do that they can do that but I'm not willing to pull this tax for one or two percent of our community And we can use that money appropriately. And if they want to go over there and do that, they have every right to do so. I would hope they would stay within the Apache Junction and use Apache Junction stores because that helps us help them get parks and library stuff and police and every other thing the city has to pay for. Streets, electric, you name it. That's what our tax helps us with. So I'm a big no. Okay.

adjourn this meeting.