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HomeMy WebLinkAbout2007-07-17 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 17, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 17, 2007, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:08 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Dietz Councilmember Serdy Councilmember Severs Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Works Director Doug Dobson Others Present:Public Works Manager Shane Kiesow Planning Manager Fred Baker REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 1 OF 50 CDBG Admin. Assistant Melinda Larson Captain Tom Kelly Assistant Planner Mike Heuchert Grants Specialist Roger Hacker Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT CONTRACT NO. PW 2007-09 BETWEEN SUNLAND ASPHALT AND THE CITY OF APACHE JUNCTION FOR THE PURCHASE OF STREET MAINTENANCE PROJECTS IDENTIFIED IN THE WORK SESSION OF JUNE 4, 2007 BE RATIFIED; AND THAT CONTRACT PW 2007-07 BETWEEN VULCAN MATERIALS AND THE CITY OF APACHE JUNCTION FOR ASPHALT MATERIALS DUE TO BID REQUIREMENT VIOLATION BE WITHDRAWN; AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN SKY ENGINEERING AND THE CITY OF APACHE JUNCTION FOR THE REMODELING OF THE ANIMAL CONTROL BUILDING IN AN AMOUNT NOT TO EXCEED $245,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE PROFESSIONAL SERVICES AND LICENSE AGREEMENT BETWEEN PRESYNCT TECHNOLOGIES, INC. AND THE CITY OF APACHE JUNCTION TO PURCHASE PRESYNCT PAPERLESS SOFTWARE FOR POLICE VEHICLE MOBILE DATA CONTROL AND ASSOCIATED SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $75,000, WITH THE AGREEMENT EFFECTIVE AUGUST 1, 2007 THROUGH AUGUST 1, 2010, BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 2 OF 50 AWARDS, PRESENTATIONS AND COMMUNICATIONS Ms. Christine Odom from Valley of the Sun Habitat for Humanity spoke about their new subdivision and presented a gift to CDBG Administrative Assistant Melinda Larson for her dedication in helping to bring Habitat for Humanity to the city. CALL TO THE PUBLIC Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding reasonable use of property and working together to get a yes. Mr. Ray Blevins, 730 W. Southern Avenue, Apache Junction, addressed the council regarding the flooding in his area. Ms. Lisa Twigg, 711 W. 23rd Avenue, Apache Junction, addressed the council regarding the flooding in her yard. Mr. Duane Allen, 1995 W. Shiprock, Apache Junction, addressed the council regarding improving Main from Greasewood to Superstition. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council to urge them to look at the general plan and protect the horse properties. Mr. Michael McLean, 879 W. Windsong, Apache Junction, addressed the council regarding storage units, quads raising dirt and diesel trucks. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Boys and Girls Club corporate board voting last week to start building the new club facility and the Corwin Brundrett Bowl-a-thon. Vice Mayor Eck commented he would like to look towards a second phase street bond.They need to pick the most necessary streets to get paved, the sidewalks, curb and gutter on some of them, and the flooding fixed.He thinks what Mr. Blevins and Ms. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 3 OF 50 Twigg are talking about could probably be fit into it.He does not think they could use Community Development Block Grant funds.They are due for a second phase, to include Delaware Drive between Superstition and Apache Trail and the streets south of Broadway starting at Cedar and heading east.They would get the money at a very good rate; the comparison of the percentage compared to what the fees of the product could be 2 years from now make him believe it would be better to do it now. Duane Allen spoke about Main Street; he had talked to Doug Dobson earlier and he said it would take no longer than 4 to 6 weeks to get Main paved between Shiprock and Roundup.The city is spending over $7.5 million in street repairs this year alone. It will be one of the first or second ones to be done.He suggested they leave their phone numbers and addresses in case the councilmembers want to •contact them as there were no addresses on the petitions that were turned in.On the general plan, they specifically put a rural lifestyle for anything north of Tepee, starting from Meridian east, and everything within the "Y".If the land is being split in that area, it would take a super majority vote, which is 6 out of 7.They did want to keep that rural lifestyle when they created the general plan.Mr. McLean was concerned about the trucks, et cetera; he does not know if he lives in a general rural area, but it has unlimited uses for the property.There is noise pollution, but other than that, someone who owns a general rural lot can do a lot of •unexpected things.He suggested if it is noisy he should call the police, and hopefully they will get there, hear it and experience it. Councilmember Wilson commented he realizes they are supposed to be doing .a ten-year update on the general plan.He asked if the ten years is the date it was completed or when the city council approved it. City Attorney Joel Stern stated this time is reserved for criticism of the city council.They should be talking about things that people brought up.He cannot answer questions right now.To clarify for the general plan, it should be done every ten years. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 4 OF 50 Councilmember Wilson asked if they should start working towards that. City Attorney Joel Stern stated it was a retreat issue. Vice Mayor Eck commented as soon as they did the general plan, they built a subdivision about a half mile east of Meridian on property that was zoned for apartments.They settled for houses instead, creating a low density and having to deal with zoning issues that were out of their control.There is apartment zoning on the west side and some on the east side.The majority of it is general rural and low density. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER'S REPORT City Manager George Hoffman stated the general plan and the issue of bonding both appeared on the work plan, the draft of which was presented to them last night.It will be back in two weeks for potentially formal council adoption.They have had some interest in the community for a local contact for MediaCom. Steve Lamb is the local manager and his number is (480)474-2087. He received a call this afternoon regarding the paving of Main north of Superstition between Greasewood and Shiprock; it will be paved or chip sealed within the next 90 days.The council and citizens have inquired and he has given updates several times on the intersection at 16th Avenue and Idaho.The information he has passed on has not been accurate so far.Don Park is the project manager from Parsons Brinkerhoff, telephone of 966-8295, and he is advising the project is being blue -staked now and that they should start construction later this week or the beginning this week.The Arizona Department of Transportation project manager is Mike Zimnick, telephone 602- 712-8965.Staff will continue to monitor them closely and make sure the project gets started and gets moving. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 5 OF 50 APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS )City Clerk Kathleen Connelly briefed the council on the item.She stated this is due to a change in ownership.There are comments in the packet from the fire district and police department recommending approval of the application.No comments were received from the planning department.The applicant was notified of tonight's hearing and asked to be present in the event of questions from the council. Mayor Insalaco requested the applicant address the council. Mr. Harvey Yee, attorney representing Mr. Abid Nawaz, the owner and applicant, addressed the council.He advised he and the owner were there to answer any questions. 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. Vice Mayor Eck commented he drove through the other night and he missed Jeff but it was the same as it has been for twenty years. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 9 LIQUOR LICENSE FOR DESERT LIQUORS, SUBMITTED BY ABID NAWAZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 6 OF 50 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR DOG RUN SALOON )City Clerk Kathleen Connelly briefed the council on the item.The Rosencranses talked to the council a few weeks back but the city has had to wait for them to formalize the application and bring it back to the council.There are no objections from the fire district or police department.No comments were received from the planning staff, but she believed the last time the applicant was here they indicated they had gotten a verbal approval of this request.The applicants are here tonight to answer any questions. Mr. and Mrs. Tom and Donna Rosencranse addressed the council for any questions. Mayor Insalaco opened the public hearing.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no discussion, he called for a motion. Councilmember Severs MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR DOG RUN SALOON SUBMITTED BY DONNA ROSENCRANSE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 7 OF 50 The motion carried. BINGO LICENSE APPLICATION FOR MERRILL GARDENS )City Clerk Kathleen Connelly briefed the council on the item.They are requesting a small, in-house bingo game that is open to the residents.They will take the proceeds and turn those back into the organization.There are no objections from the police department or the fire district.No comments were received from the planning department. Ms. Karen Moore, general manager at Merrill Gardens, addressed the council.She was there to answer any questions. 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. Vice Mayor Eck commented it is good for them; it gives them something to do. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Severs MOVED THAT THE BINGO LICENSE APPLICATION FOR MERRILL GARDENS, SUBMITTED BY MERRILL GARDENS OF APACHE JUNCTION, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO SECTION. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 8 OF 50 RESOLUTION NO. 07-24; DECLARING VOLUME II, CHAPTER.1 ZONING ORDINANCE,ARTICLE 21 SIGNS, BILLBOARDS, NAMEPLATES, OTHER OUTDOOR ADVERTISING A PUBLIC RECORD; ORDINANCE NO. 1298, AMENDING VOLUME II, CHAPTER 1 ZONING ORDINANCE,ARTICLE 21 SIGNS, BILLBOARDS, NAMEPLATES, OTHER OUTDOOR ADVERTISING AND ADOPTING BY REFERENCE ,)Councilmember Barker requested to be excused as she had .a conflict of interest, having been on the Planning and Zoning Commission when this item was heard. Assistant Planner Mike Heuchert briefed the council on the item.This is a text amendment regarding freeway pylon signs.The resolution creates the public record of the amendment and the ordinance adopts the amendment by reference.Signs along the freeway corridor are currently regulated the same as monument signs on city streets. Several businesses have requested taller signs and received them; they have primarily been approved through a planned development or a conditional use permit.He read the definition of a detached sign in the current ordinance.The 35' sign at Idaho and the freeway was approved by council; the ordinance would have allowed them a 30' from their lot grade.The Earnhardt sign is currently 80'; it would have been 34' according to the ordinance.He showed photographs of the freeway elevations with those signs. Councilmember Severs asked how high the rSuper 8 sign is. Assistant Planner Mike Heuchert stated it is 35' to the top of the sign. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 9 OF 50- Councilmember Severs commented if the bushes were any taller you could not see the sign. Assistant Planner Mike Heuchert stated that could happen. Vice Mayor Eck commented it is very difficult heading east. Councilmember Severs asked if they were proposing to make them shorter. Vice Mayor Eck asked what .the maximum they are proposing is. Assistant Planner Mike Heuchert stated 25' above lot grade instead of 12' above lot grade.It is an extra 13' than what is normally allowed by the ordinance. Councilmember Severs asked what that one is right now. Assistant Planner Mike Heuchert stated it is fairly close to Winchester.According to the new ordinance, it would be at 32' instead of 35' in height. Councilmember Severs commented it would be 3' shorter than it is right now. Assistant Planner Mike Heuchert stated that is correct. Councilmember Severs asked him to show the picture again.He asked how they would see that if it were 3' shorter than it is right now.Businesses count on their signs; they are a very important part of their revenue. He thinks that lowering the signs is a big mistake.He asked REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 10 OF 50 them to lower that sign and look at what they would see.He thinks they are going in the wrong direction on this. Vice Mayor Eck asked if they can raise the sign at all through a conditional use permit. Assistant Planner Mike Heuchert stated they still have the option to do it through a planned development, the way they have been in the past. Vice Mayor Eck commented they currently have no guideline and they are creating one. Assistant Planner Mike Heuchert stated the city has a guideline and because no one has been following it staff thought they should be changing it to something a little more reasonable. Councilmember Severs commented no one has been following it because they need higher signs.Something more reasonable is not lowering them. Assistant Planner Mike Heuchert stated what is being proposed is actually higher than what is currently allowed.It may not be as high as what has previously been approved, but it is higher than what is currently allowed. Councilmember Dietz commented they can still come before them with a conditional use permit or a planned development. Assistant Planner Mike Heuchert continued showing additional signs along the freeway. Councilmember Severs asked what the Ford sign height should be at. Assistant Planner Mike Heuchert stated it would have been allowed to be 34' in height. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 11 OF 50 Vice Mayor Eck commented it would have been about half its height. There was general discussion on where the sign would have been seen in the picture under the current ordinance. Assistant Planner Mike Heuchert continued showing signs along State Route 202 in Chandler and Gilbert and other signs on US 60.The main points of the amendment are the signs would be allowed to be 25' above freeway grade and the maximum space area would be 160 square feet for a single tenant.There is a way to encourage multi- tenant signs by having a distance between the signs.There would be a minimum of 660' of frontage on the freeway and if the multi -tenant sign is used they would be allowed to have 500 square feet.They are also proposing to have a changing message sign; it would be counted towards the total area and could not be the dominant feature, trademark or the name of the company. The name of the company would have to be permanently on the sign.The changing message sign must be directly related to the business on site.Any message can only be changed once every hour; it cannot have a continuous traveling or scrolling message. Councilmember Severs commented he told them last time that he was doing a study on how many accidents were caused because of changing message signs.He asked what the results were. Assistant Planner Mike Heuchert stated he was not doing the study; it is beyond his scope of knowledge.The United States Department of Transportation is doing the study right now; it has not been completed.The studies that he did find showed that there were about 35% more accidents along the road from them.There have also been studies showing that a 2 second distraction from the road from driving greatly increases the chance for a sideswipe or an accident.The latter study was done looking at people REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 12 OF 50 changing their radio or using their cell phones.It was not directly related to freeway signs. Councilmember Severs commented it is usually from looking down that creates the accidents.When the signs are up higher, they can look at the sign and still see where they are going and what they are doing. Mayor Insalaco commented changing the sign message once an hour is too long.He does not want a scrolling sign or animated sign, but once an hour is too long.People could go by and they might miss what they want to see. Assistant Planner Mike Heuchert stated he believed the intent was for those messages for special events that are going on that day, such as a store having a sale for the weekend.It was not to have the driver seeing multiple messages when they are driving by. Councilmember Severs commented they cannot see anything with the signs from the city. They do not do any good.He had Mr. Heuchert bring up another picture.He asked where that one was taken. Assistant Planner Mike Heuchert stated it is at Signal Butte and US 60. Councilmember Severs commented it is in an area that is growing.It is in an area that is improving.He asked where the next two pictures were at. Assistant Planner Mike Heuchert stated they are in Chandler. Councilmember Severs commented it is another area that is growing and improving and bringing in huge tax dollars. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 13 OF 50 'Councilmember Dietz commented this is exactly what they are doing with this ordinance. Councilmember Severs stated it is not. Vice Mayor Eck agreed with Councilmember Severs. Councilmember Dietz commented that they are allowing a '500 square foot sign. Councilmember Severs asked how 'tallit is. Assistant Planner Mike Heuchert stated the sign is 60' from lot grade. Councilmember Severs asked how they would encourage multi -tenants with signs at 25' high. Councilmember Dietz commented they come in for a conditional use permit or a planned development agreement or we take them case by case.They need to start with a standard.He asked if he wanted a standard where they start with an 80' height. Councilmember Severs stated they need to start with..a standard that makes sense. Councilmember Dietz asked if he wanted 80 feet. Councilmember Severs asked what the signs shown had been, if they were 60, 45 or 50 feet. None of them in any other city that we have done the study on is 25 feet. Assistant Planner Mike Heuchert stated it is 25' from the lot grade.If they are REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 14 OF 50 looking at a property near an intersection, or an exit ramp as along Idaho, the height would be 50 feet. Councilmember Severs asked where all the other signs are at.He asked if they are at the intersections or in-between. Assistant Planner Mike Heuchert stated they are at the intersections.Most of the large centers are at the intersections. Councilmember Severs asked how tall they are. Assistant Planner Mike Heuchert stated:they are 60 to 80 feet. Councilmember Severs commented exactly.They need to start doing what the other cities that are improving are doing or we will continue to be left here in the dirt.These signs work; they bring in a lot more tax revenue.That may be why those people are building in those areas instead of here, because they can have bigger signs, better -looking signs and better -looking businesses. Councilmember Wilson asked how far away fromthe freeway does the grade go. Assistant Planner Mike Heuchert stated they look at if it is oriented towards the freeway, if it is meant to be seen from the freeway, and if the property is immediately adjacent to the freeway.They do not have a minimum distance it has to be but the property it is on has to be adjacent to the freeway.They would then go 25' above the freeway grade.If they go to something closer to Cortez or a midsection line, 25' above the road grade probably would not get them much more than 30 to 35 feet.In the areas where you would have most of the retail development, it would allow close to 50 feet. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 15 OF 50 Mayor Insalaco asked if there is anything wrong with their following what the other cities have done on the mall signs.If someone comes in and wants to build a mall and they are told they can only have a 25' sign, they may say that they are allowed a 60' sign in another plaza that they are in. Vice Mayor Eck asked what their minimum is. Councilmember Dietz asked where they start, and if all these other signs along Signal Butte and the 202 were done with a conditional use permit or a planned development agreement. Assistant Planner Mike Heuchert stated Mesa does not have a standard.They ask you to do a visual study and show models showing the surrounding area. They basically have to get every sign approved with that. Chandler does pretty much everything through a conditional use permit or a planned development agreement.The Gilbert signs were built according to the town's regulations.There were no additional requests for them. Councilmember Severs asked what Gilbert's regulations are. Assistant Planner Mike Heuchert stated they are 60' tall and 500 square feet in area. Councilmember Severs commented it is an additional 20% for the rest of it.We need to start thinking towards the future and encouraging this kind of stuff.He asked him to go back to the Earnhardt sign.He stated people say the Earnhardt sign blocks the view of the mountain.The green sign with the street names on it blocks a lot more view than the Ford sign.They are all legal.The streetlights are higher than the signs and they are all legal. If they are going to be concerned with what blocks the view of the mountain, they will need to start taking down a lot of REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 16 OF 50 stuff.They need to start thinking about businesses and what the other cities are doing to improve, succeed and encourage. Councilmember Serdy stated he believed Councilmember Severs had a good point.He thinks the colors are disruptive.He sees the blue and green.The big signs in Mesa and Gilbert are all browns and earth tones.They will be the color of the mountain and they will not be seen as much.They will blend in.They will be big enough to catch the eye but they will look like part of the mountain. Vice Mayor Eck asked what process they use to do that. Assistant Planner Mike Heuchert stated the freeway signs are all regulated by the Arizona Department of Transportation.The city has no say in that. Vice Mayor Eck asked what process Mesa uses for the 100% compliance by everyone on their multi -signs. Assistant Planner Mike Heuchert stated that is their normal freeway signs.They all have to go through the process.They do have a regulation for monument signs. Councilmember Severs asked to see the pictures again of the signs that are allowed in other cities.He commented on the space in between the sign poles. There is visual effect in between the elements of the sign. Those are wonderful signs.He does not care if they are 90' tall.They can see under them, through them, and around them. They are also attractive.They need to start thinking that way. Councilmember Dietz commented they are good-looking signs.In Chandler, they have to do a conditional use permit or planned development agreement for each and every sign. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 17 OF 50 Assistant City Manager Bryant Powell asked if the city was ever to get a power center similar to this with hundreds of thousands of square feet, would they anticipate the developer coming in and asking about a sign package.He asked how that would normally work. Planning Manager Fred Baker stated most major commercial developers want to have a certain sign package, in terms of size, to meet the needs of all of their potential tenants.They will want a sign program.They usually ask for bigger signs than what cities allow by right. He thinks the clear point they are trying to make here is a 12' monument sign is not really addressing the signs along the freeway.They are asking to raise it to 25' above the freeway grade.It is actually more than 25' in actual sign.It is for purpose of allowing at least 25' above the freeway grade for the sign to be visible.A major developer may come in with a commercial development and they will use a planned development or, if it is a single user, they can ask for a conditional use permit and ask for an additional sign height.They relax the standards with conditional use permits and planned developments to accommodate a business request. Councilmember Severs asked if they could ask for it or purchase it.He asked if there is an extra fee for that. Planning Manager Fred Baker stated there is a processing fee for a conditional use permit and a public hearing; it is the same with a planned development. Councilmember Severs commented it is more time and more money. Planning Manager Fred Baker stated if it is a vacant piece of property they still have to get the approval of the rezoning or their architectural or landscaping plans.It would run consistent with it. Occasionally, for large developers like the one at Signal Butte, they come back and do the sign program later because they do not REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 18 OF 50 quite know who the tenants will be.They want to address each specific pad.and each set of tenant,buildings to address tenants: or potential tenants or tenants they may have signed in those buildings. Vice .Mayor Eck stated he thinks they: are.not:Iooking at the fact the sign ordinance is, actually being: improved; it is actually being made higher.They have done all of theseby conditional.use.permit.They are not going to lock in 80' signs in the,ordinance. Mayor Insalaco commented he would not wanttoido that- Councilmember Dietz commented what is nice is. that with this ordinance they .can come in and put a 50' sign on Idaho _without a conditional use permit or anything because-it.meets -within the standards.In Chandler. they have to address with -a conditional use permit or a planned development agreement each and every sign.We are making it a standard of 50. feet. Vice Mayor Eck commented if they want an 80' they can do a conditional use permit.- Councilmember Severs commented he is trying to .saythat this is whatpeople are going towards.They_are_seeing it on every:street in every city; he would like to_ get closer to it. Mayor Insalaco commented if they have these developments come in, they are .saying they can ask for these signs -and probably get it, especially if they get' a big enough: power center coming' in.That is what these are; they are power.centers:that have these signs Assistant Planner Mike' Heuchert stated most of these are similar in 'size to the proposal that -we:will be hearing, from Idaho Power Center; they will be coming in to:determine whether -they will be doing a REGULAR: MEETING OF:THE CITY COUNCIL' JULY 1, 2007 PAGE 19 OF 50 planned development anyway.The rest of the development is not along with the zoning ordinance; to add a sign package in with that will not add any additional expense or time to the process. Mayor Insalaco stated he , would hate to see a sign this big for Mother Mulligan's Meatballs along the freeway.These are power center signs, not for the small mom and pop businesses. Vice Mayor Eck commented he has a problem with the electronics.It is the future; they,are , seen everywhere.They are consistently -going across with different: items on sale or events.He does not see the traffic hazard.This:is ,.the day of the cell_phones..He disagrees:with saying to, everyone that they can only change it once an hour. He thinks they should be able to run them concurrent, Councilmember Severs commented if he was aware of how,ridiculous :the city would look if someone came in and said they wanted to do an animated sign and they were'toldthe :ordinance states it can only change once per hour.This is the _future and we need to step into that.We cannot go making ordinances that do not make ,sense. Assistant Planner Mike Heuchert stated Mesa has a similar time restriction on theirs. Councilmember Severs stated on .Power Road over by the high school their sign is changing continuously and it is beautiful.There is one just before:that that is the same.thing. Assistant Planner Mike Heuchert stated if they :want to have a:continuously changing sign that is something to be cohsidered with a planned_ development, such as they have done before.It can be done in that way again REGULAR MEETING OF THE 'CITY COUNCIL JULY 1, 2007 PAGE 20 OF 50 Mayor Insalaco commented if they lock it down to where it can only be changed once an hour, then we are breaking our own rules. Assistant Planner Mike Heuchert stated it previously said there could be no changing message at all. Vice Mayor Eck commented deeper into it the time limit states every 6 to 10 seconds. Councilmember Serdy stated they are going backwards a little.They have to remember they are competing against Mesa and people coming from the east.If we miss them on our exits, they have the big power center at Signal Butte.If we want them to get off at our exits and visit the stores that are going to be there, they cannot get off at Meridian as there is no exit.They might turn around at Ironwood, but Signal Butte is really close.They have a split second to catch them.They want something that is bold but not obnoxious with the colors.We need to be able to compete. Councilmember Severs stated they need to encourage this, not by conditional use or by exception or additional fees.We need to encourage them to please build this and attract people to our community.We need to find a way to make our ordinance close to what all the other cities are allowing instead of if they give us this and this we might allow this.We need to start making it business -friendly and invite people here. Councilmember Wilson asked what the main concern is on the animation of the signs.He asked if it is driver distraction or the flashing lights late at night. Assistant Planner Mike Heuchert stated some people have expressed concern about them being close to residential neighborhoods.Most of the studies he has read are concerned about the safety issue. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 21 OF 50 Planning Manager Fred Baker stated the planning commission had a discussion about the changing message sign.Their concern was to not allow the message to change every 5 seconds so that it appears to be flashing at you.We turned to Mesa and their standard was a changing message sign once per hour.The concern was that they could put up a large electronic sign, and if it was a hotel, they could advertise their rate.They probably would not change it once an hour.Staff is not stuck on an hour; they turned to Mesa as a standard for what a community is using.The planning commission did have concerns that we would allow the changing message sign where the message would be flashing at you every 2 or 3 seconds and be a distraction. Mayor Insalaco commented he does not think it should be changing every 2 or 3 seconds.He could see 15 to 20 seconds or once a minute if they have 3 or 4 things that they want to bring across.A person could go by and what they might have wanted to see is already gone. Councilmember Wilson asked if it would remove some concerns if they made it where it would be a steady sign after 11:00 PM until 5:00 AM.It would remove any flashing or activity that would be offensive to a residential area. Assistant Planner Mike Heuchert stated that could be done or possibly spacing from residential neighborhoods.Larger lots could have it, but smaller lots next to residences would not be able to. Councilmember Severs commented the Mercedes sign changes at least every 10 seconds. It is not like a neon flashing sign in anybody's windows.It does not do that.Headlights on the freeway would disturb you more than the sign would.Just past the dealership is a neighborhood, with another on the other side of the 202.It is not distracting because it is not a flashing floodlight in someone's windows.It is like a television. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 22 OF 50 Councilmember Dietz commented he drove by that sign today and it did not change a bit. Councilmember Severs stated they must have it set right now.But it does change messages. Vice Mayor Eck commented if they are going to pass this ordinance they need to change that time frame on the electronic display.He would be willing to say not more than once a minute.They have to remember that you are through Apache Junction on the freeway before you realize it.They have Idaho and Ironwood to try to stop them.They are to Meridian before they know it and out of Apache Junction.If they do not stop them prior to Idaho or coming back the other way at Tomahawk or Goldfield, they are gone.They are out of the community. Mayor Insalaco commented they only have so much room on the freeway.They are not going to have one of these every fifty feet.They might end up with one or two of these at most.The city does not have 10 or 12 miles of freeway, just 3 or 4.Some of the properties are already gone.If they have to go through a special use permit and they know the city is not going to give them hassles, it is fine with him.He has some concern about the sign changing once an hour, but then they may not have anyone who wants to change a sign. However, he would hate to limit them to that. Councilmember Severs commented he is worried about the picture showing the sign already along the freeway.Both of those signs are already too tall according to the new ordinance.That is not sending the right message. Vice Mayor Eck commented it has to go through a conditional use permit.He was here for the motel and they went through a conditional use permit for that. Councilmember Severs commented it is not sending the right message out to the REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 RAGE 23 OF 50 business community.They want to attract businesses.They need to make it so that our sign criteria is easier than other cities and like some others; in effect, asking them to come build here, please.He asked if any of the businesses they are considering now would want a sign like this.He asked if they would want to go through all the additional steps to get a bigger sign.We need to find some different wording to make it better, to bring- businesses here.As previously stated, we only have 4 minutes to catch peoples' attention while they are on that freeway.We need to make it more attractive, bigger, inviting, more beautiful, and easier.We need to simplify things.He does not want to pass something that they will have to go back and reconsider every time someone wants something.Look at what they are going through now with the power lines.They passed it thinking it was a good thing and now every time someone comes in it does not work for them.They need to think the same thing before they pass this sign ordinance.Earnhardt's will come in and want an 80' sign and the response will be they do not know if they should.They should not do that. Vice Mayor Eck asked if he was suggesting they put 80' in there. Mayor Insalaco commented he thinks they could discuss this for the next 10 hours. Councilmember Severs commented he would like to get a little closer to what every other city is doing instead of making an ordinance that makes those 2 signs illegal. Councilmember Dietz commented it seems the majority of them are doing either a planned development or a conditional use permit for their signage along the freeway. Vice Mayor Eck commented he would like to change the time frame on the electronic display to not more than minute.They do not bother him.They are not like a flashing Vegas light.They are usually much calmer. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 24 OF 50 Councilmember Wilson suggested 15 seconds so that they could get more information. Mayor Insalaco commented that is what he was thinking. Councilmember Serdy commented that would be the most effective and do the most good. Councilmember Severs stated he would not even put a limit on them.They are signs that change.That is what they do, they change messages.It could only say one thing for 15 seconds and then it would have to change to something else.Someone will come in and say their sign fades from this to this.It is the way it is built and set up.They would then say they cannot do that. Mayor Insalaco commented that is a moving sign. Councilmember Severs commented exactly, but they need to step into the future.He asked what is the way of the future here. Vice -Mayor Eck asked -if .he wanted them to delete the whole paragraph. Councilmember Severs commented he is saying they allow signs that are lit or animated or whatever. Mayor Insalaco commented they do not want animation. Vice Mayor Eck commented this is electronic display. Mayor Insalaco stated an electronic message sign is different from animation. REGULAR MEETING OF -THE CITY COUNCIL JULY 1, 2007 PAGE -25 OF 50 Councilmember Severs read the changing message sign shall mean any sign with an electronic display that contains a stationary message which may be changed. He would like to get rid of stationary. Councilmember Dietz asked if he wanted it something like rotating. Vice Mayor Eck asked why they would get rid of stationary. There was general discussion as to the meaning of stationary. City Attorney Joel Stern commented if they are going to make changes that are fairly significant, he thinks they should have a list and direct staff to come back with some options so they do not make floor amendments.That can be dangerous, especially on a sign code that is as important as this one.He suggested they continue the matter. Councilmember Dietz commented it is a shame that they could not have taken care of this in a work session.Now they have to waste staff's time again to come back with another ordinance. Vice Mayor Eck commented he is good with just changing the electronic display. Mayor Insalaco stated he does not have a problem with the height because they are raising it from what it was and they can negotiate the rest.He has a problem with the electronic display.It might seem minor to some people, but what good does it do changing it every hour. Someone will go by and an hour from now it changes.It does not make sense. Vice Mayor Eck asked how he felt about every 20 seconds. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 26 OF 50 Mayor Insalaco stated 15 to 20 seconds is okay. Vice Mayor Eck suggested making it every 15 seconds.That is the only change he would make to the ordinance. Councilmember Severs asked if they could go and look at other signs instead of setting a height. Mayor Insalaco stated he thought they had seen signs. Councilmember Severs commented they move and change continually.It is not boom.It says doors and then 15 seconds later it says windows.That is not the way they work.Look at the signs on Power Road and the freeway.They change.It is not a stationary message or a set number of times.If they are going to allow signs that are coming up and that is the way they are, then they need to allow the signs instead of putting so many stipulations on them. Vice Mayor Eck commented they are allowing them.They are saying every 15 seconds they can change the message.He asked if they wanted them to be able to do it every 5 seconds. Mayor Insalaco opened the public hearing on the item. Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated the comment about making the package more inviting to the developer is right on the money.They look at the conditional use permit costs and the risk of if it will be approved.If it is designed without risk and additional cost, the package is more inviting and they will choose a complete package like that over one with risk and cost.He does not think it would take that much to raise the height 20' and to have changing signs REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 27 OF 50 that change as long as they do not flash in the wording.It would be more inviting to developers, whether it is a supercenter or something else.Everyone can do what they need to do without looking at risk and cost. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated if they take it up to 80' or 100' and take the risk and negotiating power away, then they could just put a sign up there to saying city for sale. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He stated he fell on the conservative side of looking at this.He would like to see more height but not too much.The one hour thing Mesa had so that made sense but if the city council's wisdom is that it should be faster, it is their decision.He has read a lot of news reports prior to this issue about people complaining about the flashing and message changing, that it was too fast. It was obvious there needed to be a way to put a different message, such as a hotel welcoming certain groups and changing it every hour, those changes would be beneficial every hour.If they make it change faster, they might get 100 people showing up here that live near the freeway complaining about the flashing sign. Vice Mayor Eck commented they have had some come in before and they will complain about anything that goes in there that is commercial. Mr. Charles Bunten, 1680 N. Starr Road, Apache Junction, addressed the council.He stated the attorney made a good suggestion.Put this into a work session.It is the same discussion we had 7 months ago under a different mayor.It is the same discussion on whether the sign should be 3 seconds or 5 seconds or 6 seconds.First, there is no one to bring the signs to.He asked what they are doing to bring in major companies to this area so we have to worry about signs.The sign issue has to be corrected, but it needs intelligent discussion and more research. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 28 OF 50 Mr. Ray Blevins, 730 W. Southern, Apache Junction, addressed the council.He thinks the city is behind times.Mesa is building right down the road and we cannot do anything with signs or businesses because this is state land along the freeway.They first have to get the state to sell the land before they can get some good businesses in here to compete against Chandler or Mesa. Mr. Mike McLean, 879 W. Windsong, addressed the council.He stated when he goes up the freeway and the ones that do not change for a long ,time make him continue to look to see when it will change.The ones that change gradually or fade that last only 3 or 4 seconds are good. He thinks putting a time limit on it will hurt it. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Serdy commented they are discussing again, but 7 months ago it was all negative for smaller.signs.This is all positive for bigger and better signs.It was all anti -sign, now it is pro -business. Vice Mayor Eck commented he thought a lot of work had gone into this ordinance and he thinks it is fine other than having to make a decision on the electronic display.He likes the fact that you can read a sign when you go by it. Mayor Insalaco commented that ever since he has been on, no one has ever been turned down on their sign.We have worked with them and they have worked with us.They have been happy with the Super 8 sign and the Earnhardt sign.He believes they are willing to work with anybody.He does not have a problem with the way it is written other than for that hour. Councilmember Severs asked how difficult they made it for Value Place because of their REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 29 OF:50 sign.We complained about their sign being ugly, too tall and changing.That is one example of how difficult we can make it on a business that is trying to come here.We need to start changing the codes to encourage and invite businesses and simplify the process. Vice Mayor Eck read it seeks to promote reasonable and effective regulations for signs along existing and future freeway corridors.It does not apply to that.He added they should get the timing for the electronic display and move forward with the ordinance. Mayor Insalaco closed the discussion with no more comments and called for a motion. Vice Mayor Eck MOVED.THAT RESOLUTION NO. 07-24, A -RESOLUTIONiOF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY. CODE,VOLUME II, CHAPTER 1 ZONING ORDINANCE;ARTICLE 21 SIGNS, BILLBOARDS, NAMEPLATES, AND OTHER OUTDOOR ADVERTISING",BE APPROVED., Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1298 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 30 OF 50 City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Eck MOVED THAT ORDINANCE NO. 1298, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THAT THE ELECTRONIC DISPLAY CHANGING MESSAGE SIGN BE REVISED FROM NOT MORE THAN ONCE EVERY HOUR TO EVERY 6 TO 10 SECONDS. City Attorney Joel Stern requested he reference the section.He should be reading from the document entitled "Amendments to the Apache Junction City Code,Volume II, Chapter 1 Zoning Ordinance,Article 21 Signs, Billboards, Nameplates, Other Outdoor Advertising". City Clerk Kathleen Connelly stated it is in Section 21.16, Subsection F, page 2. Councilmember Severs commented it also says the changing message can only be about the business that it is for.He asked if he wanted to take that out, too. Vice Mayor Eck AMENDED HIS MOTION TO READ SECTION 21.16, ITEM F, HE WOULD REVISE THAT TO MESSAGE MAY BE CHANGED AT A MAXIMUM RATE OF EVERY 6 TO 10 SECONDS. City Attorney Joel Stern commented in 21.03 on the first page, there is a definition that would have to be changed so there would be no conflict. Vice Mayor Eck ADDED IN ADDITION, SECTION 21.03, CHANGING MESSAGE SIGN SHALL MEAN ANY SIGN WITH AN ELECTRONIC DISPLAY THAT CONTAINS A STATIONARY MESSAGE WHICH MAY BE CHANGED AT AN INTERVAL OF NOT MORE THAN 6 TO 10 SECONDS. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 31 OF 50 Councilmember Severs asked what about Subsection E, any changeable message must be directly related to the business or the activity conducted on the site. Vice Mayor Eck asked if he wanted to do multiple businesses. Councilmember Severs asked what if there are multiple business signs.It could advertise for each one of them. Vice Mayor Eck ADDED HE WOULD REVISE THAT TO SAY ANY CHANGEABLE MESSAGE MUST BE DIRECTLY RELATED TO THE BUSINESS OR BUSINESSES CONDUCTED ON SITE; THAT IS ITEM E OF 21.16. City Attorney Joel Stern requested the clerk read back the changes. City Clerk Kathleen Connelly read the changes. Councilmember Severs stated should not be a maximum but a minimum. City Clerk Kathleen Connelly stated the vice mayor said maximum. Vice Mayor Eck AMENDED HIS MOTION TO READ A MINIMUM OF 6 TO 10 SECONDS. Councilmember Dietz SECONDED THE MOTION. City Manager George Hoffman asked if he was saying the message has to change a minimum of 6 to 10 times. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 32 OF 50 Vice Mayor Eck stated they can go that low if they prefer to but they can do it once every 5 minutes if they prefer to do that also. City Manager George Hoffman asked if he changed the wording on that from maximum to minimum. City Clerk Kathleen Connelly stated that is correct.She wanted to clarify that it is not mandatory. Vice Mayor Eck stated it is not.It is just the minimum. City Manager George Hoffman stated they are making a series of amendments from the floor. He asked the planning staff if they see any red flags they want to commend to their attention. Planning Manager Fred Baker commented not today, as long as it is understood that they are not required to change the sign every 6 to 10 seconds. Vice Mayor Eck stated they are not.It is the minimum.It says something in here about every 6 to 10 seconds as being a safety issue but it also talks about them looking at baseball scores.He does not feel they will have a problem with that. VOTE:4-2, Councilmembers Severs and Serdy voted in opposition. The motion carried. fifteen minute break. meeting. ORDINANCE NO. 1303, CHANGING THE Mayor Insalaco called for a Mayor Insalaco reconvened the REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 33 OF 50 ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-11=07 FROM CB -2 TO C-4/PD FOR 6.74 ACRES LOCATED AT THE 1300 BLOCK OF OLD WEST HIGHWAY - )Senior Planner Rudy Esquivias briefed the council on the item-.He described the surrounding area.This was formerly Beeman property used as a storage yard.The applicants have bought the property and are proposing to split it.into 2 lots.On parcel B1 there is a proposal for Brown Motorsports.They are an existing business in the city that makes custom trailers.They also have a. contract with U -Haul.They make trailers forrace car drivers to haul their cars around, motorcycles, toy haulers, and others. They are currently inside the city limits at Baseline Industrial Park.They want to stay in the city and expand.The rest of the property is being rezoned but there is no .specific use at this time.They have:come up with a substantial palette of uses.Staff is requesting that any future development be held to the same types of development standards that are being applied to the Brown Motorsports business.Their design has really come along from the original proposal of an all metal building to one that meets the design guidelines and has a pueblo style.He received today a letter from some people who own a neighboring property.They are located in Hong Kong. They are objecting to the request but did not state why. Vice Mayor Eck asked if their property is located within 300' of the site. Senior Planner Rudy Esquivias stated it is.They are one of the property owners who received a notice. Councilmember Severs commented one would think that if they are going to object they would at least give a reason why. Senior Planner Rudy Esquivias stated they own parcel 102-02-011, which is across the street. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 34 OF 50 City Attorney Joel Stern asked if it would be treated as an official protest. Senior Planner Rudy Esquivias stated it would not.It is a matter of public record but they did not fill out a protest petition and are not within 150 feet. It would not be an official protest petition anyway.Last night it appeared the council was satisfied with the recommendations of approval except for number 4.He has given them a note addressing the concerns expressed last night.The new language is underlined and bolded.There were 2 issues.Condition number -4 was asking that a block wall be installed on the west and south sides of the property.The east side, since the future use is undetermined, staff has recommended a temporary chain link fence in case there is the opportunity for cross access.The concern was what does temporary mean.The suggestion was to allow the fence for 2 years with the possibility to appeal for another extension.There is also a question about an 8' fence versus a 6' fence; the developers have brought that up recently.He read what the new stipulation would be.The planning and zoning commission recommended approval unanimously. Councilmember Severs asked why the 6' or 8' block fence is there. Senior Planner Rudy Esquivias stated the landscape and screening requirements have a separation requirement.Typically it is a 6' fence between two commercial properties where there is no cross access.Because the use next door is not up to current development standards, staff was recommending a 6' masonry wall with a landscape strip to act as an extra buffer.If the developers do not feel that what is -next door is an issue, then they can go with just a 6' fence:Between commercial and residential an 8' wall would be required. Councilmember Severs commented a 6' wall would be allowed here. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 35 OF 50 Senior Planner Rudy Esquivias stated it would. Councilmember Severs asked if they want to build the 8' or the 6' wall. Senior Planner Rudy Esquivias stated he thinks they prefer the 6', but he will let the developers explain it.There is a retail component towards the north end of the development.A 6' wall may work better there while an 8' wall may work better by the assembly part of the business if they have security concerns. Vice Mayor Eck asked how wide the lot is. Senior Planner Rudy Esquivias stated parcel B1 is 125' wide and the parcel next to it is 150' wide. Vice Mayor Eck asked if they were purchasing both. Senior Planner Rudy Esquivias stated they are not.Brown Motorsports is just purchasing one. Vice Mayor Eck asked if that is 125' by 805' in size. Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Eck commented he is just happy to see something happen.Not too many commercial people will buy 125' of highway frontage by 80 feet.It is a tough lot. Mayor Insalaco stated if it works, it works. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 36 OF 50 stated it works for this use. is a challenging piece of property. applicant address the council. Senior Planner Rudy Esquivias Vice Mayor Eck commented it Mayor Insalaco requested the Mr. Greg Loper, 9024 W. Yukon, Peoria, addressed the council.He thanked Rudy for the extensive amount of work he has done in getting them to move forward on this project.This is the story of the local guy gone good.He has outgrown his current business presently in Apache Junction and is opting to stay here.He has a ideal site with the property they are looking at this evening.The only issue is the fencing and screening.The east side of the wall is the back side of the mini -storage building itself.They would like to have a 6' wall along the west and the south. Beeman's is commercially zoned land and will likely be commercial in the future so an 8' wall does not make sense there.On the southwestern boundary, the parcel is within a parcel with a wide separation so they believe a 6' wall would be more than adequate.He asked if a word is missing in the last sentence, which states if during the 2 year time period for the temporary fence a building permit for development of the property to the east is issued, the property owner may request in writing a one-time one year time extension for the temporary fence.If the permit is issued, the fence would be a moot point.He wondered if the word not should be included to read of the property to the east is not issued.He believes that is the intent.If development occurs the fence issue is moot because they will come in with a development that may or may not need a fence.The fence would either be replaced by a wall or common area.If no development occurs, they have 2 years to replace the chain link fence with a one year extension. Councilmember Barker stated that is the intent.The inclusion of the word not is very appropriate. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 37 OF 50 Vice Mayor Eck commented it is a good project. Councilmember Dietz commended them on the changing of the middle building.It is now a very nice design. Mr. Greg Loper stated he will express the kudos to both Brown Motorsports and the property owner.They stepped up to the plate immediately to come up with a better standard.Rudy made sure they brought that forward. Councilmember Severs thanked them for staying in Apache Junction. Councilmember Barker commented this is a wonderful example of setting a minimum requirement and sticking to it.They saw the point and did the same. Mayor Insalaco opened the public hearing on the item. Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council.She lives west of the planned development.The storage is just behind her backyard.The storage was approved, and even though we have dark sky, when she sits on her back porch and looks out she sees the lights are all around there.She looks right at them.Her view of the mountain is not as good as it used to be because of all the lights.She asked the owner to make sure the lights do not shine directly onto her place in this development because they are definitely right behind her house. Vice Mayor Eck commented they need something for security.She is just asking for the minimal effect. Ms. Tess Nesser stated they shine down, but when you look straight out you can still see the REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 38 OF 50 lights that are underneath ,the.roof ofthe -covered storage area; .That is all she sees at:night: Mr: Rene LeSieutre, 5775.E, 20th :Avenue, Apache:Junction,: addressed thecouncil.He advised Mr. Brown has been:working:hard for the:last6Imonths to bring this to this point:TheTurchaser ofthe.property a year ago bought this property, and Beeman still:ownecLthe other property, they agreed- toput.a 6' 'block mall.What has been there for 10: or 15 :years isafence.: Upon the purchase they 'agreed to replace that.Mr: Brown is ready to doanything :that Rudy comes up:with, even an:8''wall, but there,is bigdifference in price A .6' wall is $25,000; and 8' wall!is:engineered and runs $60;000 to $70,000:He thinks everyone is happy with the 6' wall,Mr. Browniis.an asset to the community.He -chose not to build on the golf' course up next to:the:residential because there is a 241' naturaLbarrier betWeen the -residential and his business.They -are working with other:people -on the remaining property.They do not want.to put high: industrial where there is,al_ot of noise on the other property, COuncilmember Dietz stated:he. does not believe the- council has a problem with the :6' wall. Mr: Noel Benoist, 900 N. San Marcos 435, Apache Junction; addressed the council.This area- needs .a bit of a,facelift and :he thinks this project will definitely give:it!what:it needs.He would:like to .see lighting for all the residents -that :is :subdued.It would -still expose the perpetrators and --get the job done,without putting glareoti :the neighbors He -would like 'to see this -project :and more like it along this strip Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Therewasgeneral agreement that 'it is a good project.. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 39 OF 50 Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1303 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION VOTE Unanimous. The motion carried City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1303, AS READ BY THE CITY CLERK, BE ACCEPTED AND ADOPTED WITH THE FOLLOWING AMENDMENT:ON PAGE 3 OF THE ORDINANCE, NUMBER 4, SHOULD READ THE WESTERLY AND SOUTHERLY BOUNDARY OF THE TRAILER BUSINESS SHALL BE ENCLOSED WITH A 6' MASONRY WALL AND A 10' LANDSCAPE STRIP, DESIGN AND MATERIALS TO BE APPROVED BY STAFF; THE EAST BOUNDARY MAY BE ENCLOSED WITH A TEMPORARY 6' CHAIN LINK FENCE FOR A TIME PERIOD NOT TO EXCEED 2 YEARS FROM THE EFFECTIVE DATE'OF REZONING, OR UNTIL SUCH TIME AS DEVELOPMENT OCCURS ON THE ADJACENT ,PARCEL, WHICHEVER OCCURS FIRST.THE REQUIRED PERMANENT FENCE ON ,THE EAST SIDE OF THE TRAILER BUSINESS EXCLUSIVE OFE COMMON DRIVEWAY SHALL MATCH THE REST OF THE FENCE AT THE TIME OF CONSTRUCTION.IF, DURING THE 2 YEAR TIME PERIOD FOR THE TEMPORARY FENCE,1 A BUILDING PERMIT FOR THE DEVELOPMENT OF THE PROPERTY TO THE EAST IS NOT ISSUED, THE PROPERTY OWNER MAY REQUEST IN WRITING A. ONE-TIME ONE YEAR TIME EXTENSION FOR THE TEMPORARY FENCE. Councilmember.Dietz:SECONDED THE MOTION. VOTE Unanimous REGULARMEETING,OF THE CITY COUNCIL. JULY 1, 2-007-, PAGE. 400F:50 The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF TERM OF OFFICE FOR MAYOR )Councilmember Serdy briefed the council on the item.He stated we are a bigger city now and we are growing all the time.Our projects are bigger. He thinks the mayor may need at least 4 years to accomplish his vision if he has creative ideas.We just went through a very difficult and arduous mayoral election.He does not know if it is good for the city to go through it that often with little time for recovery in between.As it is now, after only one year, if the mayor wants to continue, they already have to be thinking about campaigning the following year.It could make the mayor timid and not want to make decisions that would jeopardize his run.There has traditionally been a low turnout for these elections.It may encourage a bigger turnout if more is put into the public's hands every 4 years instead of every 2 years.The election would be held with the other election so there would be no additional expense.They are representatives of the citizens and they should have a say in how they are governed.If this is voted on, it is only to put this on the ballot and let the citizens decide.It will be put into their hands.It may make them feel like they are running the city more and have better representation.If they vote it down, he can live with that. Councilmember Barker commented they would still have an election every 2 years so he will not change that at all.There will still be council people who will be up for election.Secondly, placing this on the ballot does REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 41 OF 50 cost money; quite a bit.Thirdly, he is removing from the voter the opportunity to remove a majority of the council every 2 years.She would prefer not to see that done. Mayor Insalaco commented that in his old hometown of Globe, Arizona, the mayor runs every 2 years.All 6 councilmembers run every 2 years.They have a whole new council and mayor every 2 years possible.Staff could come in after the election and find they have 7 new bosses all at one time.He does not know what cities do have 4 year terms. Vice Mayor Eck commented it is about 50-50 according to Mr. Anderson from the Tribune.He said that the 50% that do it run the entire council at one time. Councilmember Severs asked why they would do that; he does not understand why they would. Vice Mayor Eck stated so they can replace all 7 of them in one night.He likes the fact that every 2 years they can replace the majority of the council.He likes it the way it is. Mayor Insalaco commented the problem he has with a mayoral term of 4 years is if they happen to get someone that is not doing his job, and it could be him, they are stuck with him for 4 years unless you have some way to get rid of him.He also sees where with one term they would have 3 people running and the following term they would have 4 people running and so on.It would never change.As far as term limits, if the citizens want you, you will get your term. Vice Mayor Eck commented if they want you you will be back. Councilmember Serdy commented he does not think anybody mentioned term limits. Mayor Insalaco commented that had been brought up at one time. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 42 OF 50 Vice Mayor Eck commented districts 'had also been brought up earlier and we are not big enough for those. Mayor Insalaco commented they wished that they had council people running for 4 years in Globe, but they have done it this way since the beginning of time and they are still doing it.They have a ward system. They have one ward that only had 127 people in it, and it may have gone down more since the mine closed.That was Mayor Gibson's ward, and it was the one that he himself lived in. They have one person representing 127 people and south of Broadway toward Final they have almost 500 people.It is a tough situation, and he does not know if it is right or wrong. Personally, he likes it the way it is in Apache Junction.If they need to bring it to a vote, they will. Councilmember Serdy commented they only had 1,600 people in the whole city vote.They may feel that they do not control.This could be a way to give them more control and see how they would vote. Councilmember Severs commented when Councilmember Serdy first brought this up and explained it to him, he thought about both sides of it.He thinks it is a good idea.It gives the mayor time to get in and make a difference.You are settling in right now and just about the time you get settled in and comfortable with what you are doing, you have to start campaigning again.There is a difference in behavior when you are up for election and when you are not.You have to be more careful about what you say and you do things differently. Vice Mayor Eck commented that is up to every individual. Mayor Insalaco agreed with the vice mayor.He added like he had said before, he was Johnny before, he is Johnny now and will be Johnny later.He is not going to be afraid to say what he wants to say or do what he REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 43 OF 50 wants to do.If the public does not like it, they have their choice to get rid of him or whoever else gets up here.He does not think it is a bad idea; it is just a matter of preference. CouncilmeMber Serdy stated he had a wise citizen point something out to him.They could be negotiating with a large developer over something very important.If he knows that the mayor isiturning over every 2 years, he could wait the mayor out.If he knows he is stuck with the mayor for 4 years, he better deal with him now. is always going to happen. Vice Mayor Eck commented that Mayor Insalaco agreed. Councilmember Dietz commented he may have to deal with him after that 2 year turn .anyway. Councilmember Barker commented the mayor is only one vote, so dealing with the mayor and waiting the mayor out does not necessarily guarantee their project would be any different.He is only talking about a single vote there. Mayor Insalaco agreed.He added when it comes to anything up here, it is only one vote. Councilmember Serdy commented he is sort of contradicting himself.If he is only one vote,. then let us. give him 4 years.Why have the .turmoil every 2 years.Look at all the endorsements; everyone was forced to endorse someone. Councilmember Barker stated she did not have any endorsements.No one was forced to endorse anybody. Councilmember Dietz commented he did not endorse anybody. REGULAR MEETING OF THE CITY COUNCIL JULY. 1, 2007 PAGE 44 OF 50 Councilmember Serdy asked whether ornot they thought it'was a pretty nasty election last time, and:if:they -want to go through that every 2 years. Councilmember-Barker stated they go through that every 2. years anyway. Councilmember Dietz commented they would regardless. Councilmember Barker stated they have council people who will be up :for election every 2 years.There will be .an election every 2 years regardless. Councilmember Serdy stated he would. just like to see the voters decide.This is only :a vote - to let the.voters decide. Councilmember_ Barker stated she understood, but it is also a costly vote. Mayor Insalaco agreed. Councilmember Serdy asked how costly if there is already an election.It is not a special election. City Clerk Kathleen Connelly stated it is alreadyan election however when you are adopting an ordinance, it has to be published in full in both Spanish and English.That adds pages to the publicity pamphlet which we are required to:distribute one per household where there is a registered voter:.She :also has to allow for pro- and con arguments;_which:also have to be done:in:Spanish and English. All of that.rolled;together-_adds ta:themeight of the publicity pamphlet that has]to -Ape mailed to the :Voters,.She cannot tell him how Much, but she is: sure it would add several thousand dollars tO:the.process.And the voters do -have the option through the:initiative power, REGULAR MEETING,OF ,THE -CITY COUNCIL JULY 1, 2007 PAGE 45 0F150. Councilmember Serdy commented if they could get another thousand voters out there he thinks it would be worth spending on an election. Vice Mayor Eck asked how that could happen. Councilmember Dietz asked how he thinks they will get another thousand voters out there with the mayor running every 4 years. Councilmember Serdy stated it would be a much bigger and more important election every fourth year.Right now it is just another mayoral election and they do it every year. Councilmember Dietz commented the three council members would not be important.That does not make any sense. Councilmember Serdy asked him to explain why there is only 1,600 people voting. Councilmember Dietz stated he did not know.It has not changed in the 9 years since he has been here, but he cannot see going to every 4 years with the mayor is going to bring another thousand people to the polls. He cannot see how that is going to happen. Councilmember Serdy asked why bigger cities have 4 years and the smaller cities 2 years. Councilmember Dietz commented that is not necessarily the case. Vice Mayor Eck commented he does not know if their percentages are higher for the volume of people. REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 46 OF 50 Councilmember Dietz commented Gilbert's is at 200,000 or 300,000 people and they go every 2 years. Councilmember Serdy mentioned Mesa and New York. City Clerk Kathleen Connelly stated Mesa has a district system.Their mayor is elected at large. Vice Mayor Eck commented this is up for a motion. Mayor Insalaco closed the discussion with no further comments and called for a motion. There was general discussion on what language needed to be in the motion. Councilmember Serdy MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE . TERM OF OFFICE FOR MAYOR:TO DRAFT AN ORDINANCE THAT CREATES THE MAYORAL ELECTION EVERY 4 YEARS, AND THAT HAS TO BE BROUGHT TO THE VOTE OF THE PEOPLE. Vice Mayor Eck: SECONDED THE MOTION. Councilmember Severs . commented he would like to some kind °fa survey so they could get a feel for what the citizens would like before we try to do an ordinance. Mayor Insalaco stated staff has enough on their plate right now. Councilmember Severs stated creating an ordinance is a lot of work, too, but they may put a survey out and find out that 1,500 of the 1,600 people who voted REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 47 OF 50 think going to 4 years would be a great idea.We do not know. All he is asking for is an opportunity to see what the people think.He does not like doing something because that is the way it has always been done. Mayor Insalaco asked the city clerk if she had the full motion. City Clerk Kathleen Connelly stated she believed it was to create an ordinance to change the mayor's term to 4 years, and the vice mayor seconded that. Mayor Insalaco called for a vote. VOTE:2-5 (Mayor Insalaco, Vice Mayor Eck, and Councilmembers Barker, Dietz and Severs voted in opposition.) The motion failed. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 6, 2007, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, AUGUST 7, 2007, IN THE CITY COUNCIL CONFERENCE ROOM; AND I MOVE THAT THE ELECTED OFFICIALS ORIENTATION SESSION WITH THE LEAGUE OF ARIZONA CITIES AND TOWNS STAFF BE HELD AT 6:00 P.M. ON AUGUST 11, 2007, IN THE MULTI -GENERATIONAL CENTER. There was general discussion on the orientation being September 11 or September 24. Councilmember Dietz AMENDED HIS MOTION. TO.SEPTEMBER 11 OR SEPTEMBER 24, 2007, WHICHEVER IS REGULAR MEETING OF THE CITY COUNCIL JULY 1, 2007 PAGE 48 OF 50 CONVENIENT FOR THE LEAGUE OF CITIES AND TOWNS IN THE MULTI- GENERATIONAL CENTER OR WHEREVER STAFF DEEMS APPROPRIATE; AND I MOVE THAT A MEETING WITH THE APACHE JUNCTION MAIN STREET AND COMMUNITY DEVELOPMENT CORPORATION BOARDS BE HELD ON AUGUST 14, 2007, AT 6:00 P.M. IN THE CHAMBER OF COMMERCE BUILDING. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT Mayor Thsalaco adjourned the meeting at 9:-35.p. Consent Agenda Items are as follows: Acceptance of Agenda. 1. Acceptance of Minutes of June 19, 2007 City Council Meeting. 2. Acceptance of Minutes of June 25, 2007 City Council Meeting. 3. Acceptance of Minutes of July 3, 2007 City Council Meeting. '4.Request:of Ratification of-Contract PW 2007-09HwithSunland Asphalt :for the purchase.of .street maintenanceproj-ects identified in the worksession.of June 4, 2007. 5:Withdrawal of Approval of COntract PW 2007-07 with Vulcan Materials for asphalt materials due to bid requirement - violation.. 6.. Approval and award of contract to remodel the Animal Control Building to. Sky Engineering-:inan amount not to exceed', $245,000.' REGULARMEETIN&,OF TEE CITY COUNCIL • JULY l v ,2007 PAGE 49',OF'50 7. Approval of Professional Services and License Agreement with Presynct Technologies, Inc. in an amount not to exceed $75,000.00. ACCEPTED THIS 7TH DAY OF AUGUST, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF AUGUST, 2007. ATTEST: KATHLEEN CONNELLY . City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 17th day of July, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 1st day of August, 2007. KATHLEEN CONNELLY City Clerk. REGULAR -MEETING OF THE CITY COUNCIL jULY.1,,2007: PAGE,50-0E-,50