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HomeMy WebLinkAbout2007-12-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 4, 2007 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 4, 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 7:06 p.m. INVOCATION Councilmember Wilson gave the Invocation., PLEDGE OF ALLEGIANCE Vice Mayor Eck 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 Development Svcs. Director Brad Steinke Planning Manager Fred Baker. Human Resources Director Liz Riley Economic Dev. Dir. Steve Filipowicz Others Present:Grants Specialist Roger Hacker Program Coordinator Heather Patel REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 1 OF 20 Public Works Manager Shane Kiesow Captain Tom Kelly Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Councilmember Severs MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE LETTER OF INTENT AND RESOLUTION OF CONTINUED PARTICIPATION AS AN ACCREDITED ARIZONA MAIN STREET COMMUNITY BY APACHE JUNCTION MAIN STREET PROGRAM; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE LETTER OF INTENT AND RESOLUTION; AND THAT APPROVAL BE GIVEN TO PURCHASE AN S5250D CRACK -SEAL MELTER USING THE HGAC (HOUSTON/GALVESTON AREA COUNCIL) COOPERATIVE CONTRACT NO. SM10-6 FROM CRAFCO INCORPORATED IN THE AMOUNT OF $43,524.31. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco presented an award to Arizona Department of Housing Executive Director Fred Karnas for 25 years of support and funding to the city. CALL TO THE PUBLIC Mr. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council regarding a letter he gave them. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding her recall application on Councilmember Dietz. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 2 OF 20 Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council regarding raising the fees for a variance and the city giving $100,000 to charities. Mr. Todd Olear, 2898 S. Arizona Road, Apache Junction, addressed the council regarding the new Gateway Center and suggestions for some improvements. Mr. Jim Stevens, 3700 S. Ironwood Drive, Apache Junction, addressed the council in support of Chief Walp. Mr. Ernest Imbeault, 2835 W. Cody Street, Apache Junction, addressed the council to request the council adopt the Model City Code Option X and the community art shows. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council regarding the use of full face motorcycle helmets and the Chief Walp contract. Mr. Jeremy Bowling, 205 N. 74th Street, Mesa, addressed the council to advise the evangelism team had no problems at the skate park this last Saturday and thanked all of council and staff. Mr. Steve White, 105 N. Delaware, Apache Junction addressed the council to request the council adopt Option X and spoke in support of artists. Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Second Annual Apache Junction Art Show. Vice Mayor Eck commented Councilmember Dietz is being recalled over $100,000 being given to the health and human services organizations which the council has done every year for the 11 years he has been on; he would disagree with it not being the city's responsibility.It is for groups that are for abused women and children, for the kids and the senior center.The vast majority of it goes to the poor in the community.All seven of them approved it and it is a very minute amount of the budget to give to these desirable organizations.He thinks it is inappropriate to recall someone with that being the reason for the recall.Todd Olear has a great idea; he likes the idea of the open space in between the buildings.The people can REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 3 OF 20 commute in between the industrial and commercial there.He added Jim Stevens uses percentages to talk about the crime being fought in the city.Since he has been on the council, they have doubled or tripled the allocation to the police department.It is the single -most thought of department in the city, especially financially, and has the backing of the council.He feels that if they have another director there, they have created that position to a certain pay scale and qualification scale.They plan on doing business as usual.They do not see it going down. They see dedicated employees of the department continuing forward.He and his kids were born and raised here and he has not lived anywhere but Pinal County his entire life.He has a lot in this and thousands of friends in the community.He wants them protected; the protection remains in his mind. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented he has been working with Bryant Powell on an issue and they will be having a meeting this Thursday at 4:30 p.m.It is with Allied Waste who has announced that they will no longer pick up residential trash containers that have horse manure in them.They came to a meeting a month ago and did a study of dumpsters.They will sit down with them and try to come to a resolution. Councilmember Severs announced that Community Alliance Against Family Abuse has just issued their Christmas Wish List.They need a lot of items.There will be an event on December 9 at Seralla's Finishing and Etiquette School in Mesa, Tan Italia in Gilbert and Detour Restaurant and Bar.They will put up posters and collect items from the other cities that will be donated to the branch in Apache Junction. Mayor Insalaco commented the city council met last summer and formulated a work plan, including work tasks summarized into 7 basic categories:economic development, grant funding, community development issues, community infrastructure, public safety, building relationships and enhancing communications with internal and external community partners.They recently received a 90 -day update from staff.He announced he would like to invite the board and commission members and the general public to the February 5, 2008 council meeting for a REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 4 OF 20 comprehensive update for the first half of the year and the balance of the work plan for the second half of the year. CITY MANAGER'S REPORT City Manager George Hoffman stated the 10th Citizen Leadership Institute started November 15, 2007 with a record 32 participants signed up.Library Director Pam Loui advised that Monday, January 7, 2008 is the date confirmed for the new library addition to be ready for occupancy.All library visitors will be accessing the library from the new entrance from that day forward.The new parking lot will also be available for public use as of that date.The current library visitor parking lot and library entrance will be closed off in order to begin the remodel portion of the project. Transitioning will be taking place over the next few months.He brought to their attention the document Arizona Policy Choices as Governor Napolitano made some positive comments about it regarding sustainability.The document focuses at the state level but the city will be working on growth and transportation issues to the south.It is easy enough to just think of economic development or the environment, but they have to take into account dozens of different variables and this is a good model. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF DOG RUN SALOON ) )City Clerk Kathleen Connelly briefed the council on the item.She stated the applicants wish to hold 2 events that have a need for an extension of premises.They are on December 20, 2007 and the other is in January of next year.There are responses from staff and the fire district in their packets and there are no objections to either event. Mayor Insalaco requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 5 OF 20 Mr. Bob Rosencranse, Dog Run Saloon, 320 W. Superstition, addressed the council for any questions. Vice Mayor Eck commented they have done one before. Councilmember Barker commented there was a request on one of the recommendations that was made that they notify the local businesses. Mr. Bob Rosencranse stated he notified them and his landlord.They are a reverse business, being that when they are there and busy, everyone else is gone. Councilmember Severs asked if their application had been turned in a little late for normal procedure. City Clerk Kathleen Connelly stated that is correct. Councilmember Severs commented staff had to kind of expedite this and give it a little special attention. City Clerk Kathleen Connelly stated they adjusted the dates so that the internal review, critical for safety needs, could be accomplished.They were able to change the dates so that we could get it on this agenda. Councilmember Severs commented he appreciated everyone working in a how can we make it happen manner.He was glad they were able to do it.He thanked staff. Mr. Bob Rosencranse stated this is a big deal for them as it is keeping other business in town.Superstition Harley will be town with them, not going to Mesa or somewhere else.Sometimes they do not know early enough to get on the right council meeting to make it happen. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 6 OF 20 Vice Mayor Eck asked if they had done one before. Mr. Bob Rosencranse stated they had a permanent extension of premises twice earlier.This is just a temporary one. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF DOG RUN SALOON FOR DECEMBER 20, 2007 AND JANUARY 3, 2008, SUBMITTED BY DONNA ROSENCRANSE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 22-24, 2008 )Mr. Ronald Knies, 11561 E. Kiva, Mesa, the applicant, addressed the council.He was applying again this year for Lost Dutchman Days. Vice Mayor Eck asked if it would be conducted as usual with the fenced off area. Mr. Ronald Knies stated that is correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 7 OF 20 Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE BY SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 22-24, 2008, SUBMITTED BY RON KNIES, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 07-47, ADOPTING THE FINDINGS OF APPLIED ECONOMICS REGARDING A PROPOSED DEVELOPMENT AGREEMENT WITH U560 AND IDAHO, LLC FOR APACHE JUNCTION GATEWAY DEVELOPMENT PROJECT )City Attorney Joel Stern briefed the council on the item.He stated this is a legal requirement to have a third party verify that what the city is getting in the development agreement is nothing compared to what the city is going to be getting from the sales tax revenue that will be generated for what the city is giving up.The city will be providing a sales tax reimbursement.US60 and Idaho, LLC has agreed to come to the city and put in public infrastructure. The city will reimburse them for other promises they have made under the development agreement.The first step is to have a third party come to the council and verify the monetary issues that the city is not giving up more than it is receiving. Economic Director Steve Filipowicz stated Sarah Murley with Applied Economics, a well- respected firm in the valley that does this type of work validating that projects meet the standards that they have to REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 8 OF 20 pass in terms of the state statute for the city to consider entering into these kinds of agreements, will be giving the presentation to the council.Through the course of this evening and through the next couple of weeks they will hear a number of different square footages quoted.They are all correct in their own context.The development agreement establishes the minimum that can be done and the planned development agreement establishes the ceiling of the square footage.Sarah's analysis is based on the most recent edition of plans, which is 590,000 sq.ft.It could be larger if they are successful and amend the planned development in the future to allow for additional space. The city is contracting for safeguards and they are moving into the public arena for them to qualify for some sales tax rebates. Ms. Sarah Murley, Applied Economics, addressed the council.She stated the statutory requirements are threefold.First, the incentive cannot exceed the total amount of revenue generated to the city.That is not the case here.Second, the development would not have occurred in the same time, place or manner without the incentive.That is likely true in this case because of the infrastructure requirements.Third, the amount of the sales tax incentive cannot be something that is agreed upon through discussion; it must be equal to the cost of the public infrastructure that is being constructed.That is the case here.The terms are that 50% of the amount of sales tax generated by both construction activity and retail sales on the site would be reimbursed to the developer over a period of up to 8 years.The total amount to be reimbursed would be up to $6.64 million; it could vary according to the actual cost of the infrastructure.It cannot be more than that, but it could be less.Timing safeguards are in the agreement, and if things do not go as planned and the total amount was not reimbursed over the 8 year period, the remaining reimbursement would disappear at that point.Whatever had been paid up to that point would be the total amount of reimbursement.She described the project expectations, construction costs, the phases starting in December 2008 and ending with the final opening in December 2012.Annual taxable retail sales by the end of 2009 are estimated at $81 million and $172 million by 2012.She estimated the total amount of reimbursement would be paid off in 4 years.There is no interest accruing in this agreement. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 9 OF 20 Economic Development Director Steve Filipowicz stated the theater that she mentioned is one of the permitted uses on the site.There has been no decision or commitment by Diversified to do that, but they will be shopping that as an item of interest to some of the major theater chains, as well as the anchor chains.At this point, Diversified is not prepared to make any announcements on any preleases of anchors. The city will be working with them to fill the spaces.He reiterated that the city is making a public investment in public infrastructure, the big ticket items that need to be developed for this site to work are the street improvements on Idaho to the west, Baseline to the south, and Winchester to the east. Additionally, there is a vital water connection that comes from north of US 60 south; they will need to loop the system and strengthen the overall water system.It is a significant investment the city will be reimbursing them for out of these revenue streams.It will grow the revenue pie.The leakage analysis has been done showing the sales lost to the west; this will give them a major retail center to stop at and spend the dollars in the city.It will give the city the opportunity to use those revenues to reinvest in the downtown, enhance public safety and other government activities.The payback period of 4 years shows a 25% annual investment, which is a slam dunk in the private sector anywhere.Even if it takes 8 years to pay back, it will be a 12.5% investment, which is still an excellent return on something that needs to be built anyway.If the city tried to build it themselves, the city would have to borrow the money and pay it back with interest.This will be built by the developer cheaper,than the city can do itself.A variable, as it depends on who the tenants are, will be the significant new job growth in the retail sector, from a low end of at least 350 jobs to a high end of 700 jobs.Retail jobs are traditionally filled by local employees.They have developed an information sheet outlining the characteristics of the project and its estimated impact, plus the public safeguards in place.It is a very balanced agreement. Councilmember Barker commented for clarification that this group will be building those streets and laying the water pipe for us, and the city will then rebate some of the sales tax it garnered in their business for up to 8 years and a maximum of money. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 10 OF 20 Economic Development Director Steve Filipowicz stated the actual window is up to 10 years; the actual cash flow estimates have it occurring sooner.The city will only rebate up to 50% of the actual amount spent.The amount is capped at $6.64 million, even though they are contractually obligated to put those things in even if they go over that cost.They will eat the additional cost.All partners believe they have a reasonable agreement based on solid cost estimates.It is not onerous to either party.They can do for us now cheaper than we can do it ourselves. Vice Mayor Eck asked if it would be safe to say that Diversified develops those types of businesses that currently a lot of the people in Apache Junction have been going to Signal Butte to visit, between the restaurants and such. Economic Director Steve Filipowicz stated it is reasonable to say they deal with a strong cast of national chain retailers that are very prone to locate along highways. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 N. Belair, Apache Junction, addressed the council.He stated he wished this process had started 10 years ago.It would have been great to have beaten the power center at Signal Butte and gotten that revenue for the city. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 07-47, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINDINGS OF APPLIED ECONOMICS REGARDING PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND US 60 AND IDAHO, L.L.C. FOR APACHE JUNCTION GATEWAY DEVELOPMENT PROJECT, BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 11 OF 20 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a short break. Mayor Insalaco reconvened the meeting. RESOLUTION NO. 07-49, ADOPTING A NOTICE OF INTENT TO ENTER INTO A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH US 60 AND IDAHO, LLC FOR APACHE JUNCTION GATEWAY DEVELOPMENT PROJECT )City Attorney Joel Stern briefed the council on the item.He stated this is another legal requirement in furtherance of passage of the development agreement with Diversified.It does not pass the development agreement, it enables the council to pass it in two weeks. Under state law, the city must adopt a notice of intent to enter into a retail development tax incentive agreement.Resolution 07-49 sets forth the requirements and the background for this item.The actual notice is under the therefore clause.Exhibit A is the city's revised draft of the development agreement.If passed, it will be brought back on December 18 to consider the entire agreement for passage. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no discussion, he called for a motion. Councilmember Severs MOVED THAT RESOLUTION NO. 07-49, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, ADOPTING A NOTICE OF INTENT TO ENTER INTO A RETAIL DEVELOPMENT REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 12 OF 20 TAX INCENTIVE AGREEMENT WITH US 60 AND IDAHO, L.L.C. FOR APACHE JUNCTION GATEWAY DEVELOPMENT PROJECT, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1312, CASE PZ-15-07, AMENDING THE ZONING ORDINANCE BY THE ZONING DISTRICT CLASSIFICATION FROM GENERAL BUSINESS ZONE TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT, REQUEST BY EMILY E. STEPHENSON AND HOLLY K. WILLIS AND REPRESENTED BY FAZAL KHAN; RESOLUTION NO. 07-48, SD -4- 07, PRELIMINARY SUBDIVISION PLAT FOR APACHE TOWNE PLAZA COMMERCIAL SUBDIVISION )Senior Planner Rudy Esquivias briefed the council on the item.He stated the property is located at the northeast corner area of Thunderbird and Apache Trail.It is currently made up of 4 parcels and includes Cobb's Restaurant, Pro -Mack Mining, the Rennick residence, some vacant buildings and some rented RV spaces. They propose to rezone the property to create a commercial subdivision and construct 7 buildings with 31 commercial occupancies.There will be a new Cobb's Restaurant with office and retail development.The Planning and Zoning Commission unanimously approved the rezoning and the preliminary plat.He listed the conditions, which includes some on -street and on -site parking.It is a little bit underparked as it does not provide for the maximum amount of parking spaces normally requested in a commercial development.This is because they do not know what all the uses will be and there may be a mix of retail and office uses which call for different parking calculations.They do have 241 parking spaces on the preliminary plat.The maximum amount of parking would be over 300 spaces.The minimum amount based on all retail would be 226 spaces.As it is a mix, they are proposing 241 spaces.If they can get some significant REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 13 OF 20 retail in here in a shared parking concept with some businesses peaking at different hours, the parking can be made to work. The other planned development deviation is the creation of individual pads with a business owners association to maintain the common areas.He described the southwestern architecture. All other guidelines follow the code.Separation walls are not needed in this development so they are waived, except for screening trash containers and such.He listed the remaining conditions, including street dedication and the sign package. Some uses that are not recommended for approval are any residential uses, sit down restaurants other than Cobbs, although fast food restaurants are allowed.The reason is the limited parking and restaurants require a lot of parking.He listed numerous other uses that would not be allowed.The commission added that screened, mechanical equipment shall not be seen from any street on any side.There will be roof mounted equipment and they have the ability to raise the height of the parapet wall by 1 to 1.5 feet which should prevent that equipment from being seen from any side.They are still working out final details with the developer.There is still time to improve the product if needed. Councilmember Severs asked what options had been discussed for screening the mechanical equipment. Senior Planner Rudy Esquivias stated the architect, Mr. Hammond, is agreeable to raising the height of the parapet.That would be the quickest solution.It is currently designed where someone on the sidewalk would not be able to see the equipment.The commission was concerned for someone farther away and the solution was to raise the parapet wall a little more.He can go as high as 4' higher but he believes the 1.5' will be sufficient. Councilmember Severs asked if they discussed with him just screening the equipment with the metal that would match the trim work on the building.One can screen an air conditioning unit for $300 to $400; raising the entire parapet wall is thousands.He asked if that option was offered to him. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 14 OF 20 Senior Planner Rudy Esquivias stated he thought he had discussed that with him on the phone but he does not know if he has come up with any graphics to that effect. Mayor Insalaco requested the applicant address the council. Mr. Helmut Hammond, 12753 E. Paradise Drive, Scottsdale, addressed the council.He stated they actually do not have to raise the parapet.The overall building height should be sufficient to depress the plane of the roof down so that the parapet stays the same.He will have about a 4' parapet at the low point.It should be more than sufficient to screen any mechanical equipment from far away. Vice Mayor Eck asked if they would be interested in a sports bar or piano bar for a night time use. Mr. Helmut Hammond stated he thinks the owners would be amenable to that. Vice Mayor Eck stated he thinks it should be in there as a possible use.A sports bar is generally going to have heavy use on Saturday and Sunday, and at night it would not conflict with the other uses.Or someone could come in with a piano bar for an evening -type establishment; it could even be higher end. Mr. Helmut Hammond stated he thinks that is a great idea.He would like to see that. Vice Mayor Eck commented he thinks it serves the right use, as long as it reflects the off hours for the majority of the project.The city had a sports bar and lost it. Mayor Insalaco commented he believes Cobbs will be set up like it is now, a restaurant and bar with karaoke. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 15 OF 20 Vice Mayor Eck commented this place could buy the 8 -game football package. Mayor Insalaco commented they just got through telling them about the parking. Vice Mayor Eck commented that would come later on Sundays.They would not be watching games throughout the week.He just thinks it should be an option for them. Councilmember Dietz commented it is a wonderful improvement and should be awesome. Vice Mayor Eck commented the whole development is fantastic. Mr. Helmut Hammond stated the building shell will be almost totally green.There will be no painted surfaces; it is all durable, low maintenance materials from local suppliers.They are not going for LEED certification for this building as they do not know what the tenants will be doing inside.However, it does lend itself to that concept. Councilmember Barker commented there are 7 different buildings here.She asked if there are specific walkways designated or will the people be walking from parking lot to parking lot. Mr. Helmut Hammond stated they have sidewalks that go around each of the buildings.They extend out to flank the parking lots on the main drives.There are sidewalks around the perimeter of the site.On the north side, those 3 buildings will be office condos and they will develop a shaded trellis structure in-between. 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 would like to add writing that they could have a sports bar or REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 16 OF 20 an appropriate food -type business that would be consistent with the entire concept of this project. Councilmember Severs commented he would like to see the part where it says that there cannot be any other sit down establishment deleted, just in case they could do it in the way the vice mayor is saying. Vice Mayor Eck stated that would work.He asked if this would have to come back to them. Councilmember Dietz commented a lot of restaurants want to have exclusivity.They do not want a whole lot of competition. Mayor Insalaco commented he thinks it would be hard to have 2 restaurants in the project. Vice Mayor Eck commented they would be 2 completely different styles.Cobbs will be the main restaurant. Mayor Insalaco commented Cobbs is a 24 -hour restaurant and will remain so. Senior Planner Rudy Esquivias stated at the time of individual improvements, if another restaurant is proposed staff can ask for a parking assessment. This will develop over time and it is unknown what the businesses will be.If there is more flexibility in the parking later, they could ask for the parking assessment. Vice Mayor Eck asked if they needed to change the conditions. Senior Planner Rudy Esquivias stated they do not.Under Item 7B, they could add sit down restaurants other than the one allowed in proposed Building G, not including sports bars, if they desired.That would allow sports bars, but they could probably leave it the way it is. Vice Mayor Eck commented he just wants them to have the opportunity.If it does not need to REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 17 OF 20 be in there, they are on record for wanting this.That should be sufficient. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT ORDINANCE NO. 1312 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO. 1312, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Vice Mayor Eck thanked the applicant for bringing their wonderful business to the community. Mayor Insalaco called for a motion on the resolution. Vice Mayor Eck MOVED THAT RESOLUTION NO. 07-48, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, TO APPROVE A PRELIMINARY SUBDIVISION PLAT FOR THE "APACHE TOWNE PLAZA" COMMERCIAL SUBDIVISION, IN CASE SD -4-07, BY EMILY E. STEPHENSON REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 18 OF 20 AND HOLLY K. WILLIS, SUCCESSOR TRUSTEES OF THE BETTY J. RENNICK AND RUSSELL D. RENNICK TRUSTS, RESPECTIVELY, REPRESENTED BY FAZAL KHAN, BE APPROVED. Councilmember Severs SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. 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, DECEMBER 17, 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, DECEMBER 18, 2007, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT the meeting at 8:50 p.m. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 19 OF 20 )Mayor Insalaco adjourned Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of November 6, 2007. 3. Approval of Letter of Intent and Resolution of Continued Participation as an Accredited Arizona Main Street Community by Apache Junction Main Street Program. 4. Approval of Purchase of a Crack -Seal Melter. ACCEPTED THIS 18TH DAY OF DECEMBER, 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER, 2007. ATTEST: KATHLEEN CONNELLY City Clerk Joyy S. INSALACO MaWor 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 4th day of December, 2007.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of December, 2007. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2007 PAGE 20 OF 20