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HomeMy WebLinkAbout2006-12-29 City Council Special MinutesCITY COUNCIL SPECIAL MEETING DECEMBER 29, 2006 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on December 29, 2006, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 3:30 p.m. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Eck Councilmember Dietz Councilmember Insalaco Councilmember Severs Councilmember Sippel Councilmember Waldron Staff Present: Others Present: City Clerk Kathleen Connelly City Attorney Joel Stern Parks & Recreation Director Jeff Bell Assistant Planner Michael Heuchert Senior Planner Rudy Esquivias Asst. to the City Manager Ruth Giese Asst. to the City Manager Janine Solley REQUEST FOR RECONSIDERATION OF ORDINANCE NO. 1283, CASE PZ-13-06, CITY -INITIATED REZONING REQUEST FOR PROPERTY LOCATED AT 2851 S. TOMAHAWK ROAD )City Attorney Joel Stern briefed the council on the item.He stated on December 5 the mayor and city council voted 4-3 to approve the zoning request for this property.Under state law, the ordinance would not SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 1 OF 44 take effect until 30 days after the ordinance was signed or the minutes are available.The minutes were signed on December 6, so the ordinance would be effective on January 6, 2007.The 30th day would be January 5, next Saturday.The mayor and city council have until the effective date to change the ordinance or reconsider it.The 30 day period also acts as a referendum period, providing they submit a completed referendum petition to the city clerk's office.There could be challenges after that as long as they get the signatures by that deadline.The 30 day period serves as a reason for a referendum.Under state law, the legislature wanted it to be at least 30 days before it becomes effective.An emergency clause cannot be done on a zoning matter.The council is here today under Robert's Rules of Order, which the council has adopted as the parliamentary procedure.Anyone from the presiding side can do a motion for reconsideration.In this case, Mr. Dietz has done that.If the motion for reconsideration is voted on and the majority vote to reconsider the matter, they would then go to the second item which would basically be a new rezoning hearing on the matter. This was posted for everyone that would have seen the notice before within the 300' area.Everyone who was here on December 5 hopefully got a notice if they were within that circumference. If this goes on to the second item, the council can then vote on it as if it was a new item. Mayor Coleman opened the item to council discussion.There being no discussion, he called for a motion from Councilmember Dietz. Councilmember Dietz MOVED THAT WE RECONSIDER OUR PREVIOUS ACTIONS TAKEN ON DECEMBER 5TH, 2006, ON ORDINANCE NO. 1283, PZ-13-06, THE CITY -INITIATED REZONING REQUEST FOR PROPERTY LOCATED AT 2851 SOUTH TOMAHAWK ROAD; I FURTHER MOVE THAT THIS RECONSIDERATION TAKE PLACE ON DECEMBER 29TH, 2006, AT 3:30 P.M. IN THE CITY OF APACHE JUNCTION COUNCIL CHAMBERS IN ACCORDANCE WITH THE LEGAL NOTICE AS PUBLISHED IN THE MESA TRIBUNE ON DECEMBER 14TH, 2006. Councilmember Sippel SECONDED THE MOTION. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 2 OF 44 VOTE:6-1 (Councilmember Severs voted in opposition.) The motion carried. PUBLIC HEARING ON RECONSIDERATION OF ORDINANCE NO. 1283 )Assistant Planner Mike Heuchert briefed the council on the item.He stated he would update them on what has been done since the last meeting.This is a city -initiated rezoning for 2.08 acres at the intersection of Tomahawk and US 60.Planning and zoning recommended denial of this project by a 4-2 vote; the city council,voted to approve the rezoning by a 4-3 vote.He showed them the most current elevation and signage that had been submitted.One of the conditions of approval was to place the sign in-between the poles.He had talked to the developer who stated he would rather have it on top of the poles and just remove the small midsection. Vice Mayor Eck commented the developer had informed him and some other councilmembers that they would put whatever sign the council would want.The city could create the sign. Assistant Planner Mike Heuchert showed the council a sample animation and remarked it would change much slower than this, having a 15 -second delay. If this goes through, they would like to purchase the entire parcel and develop it.Conditions of approval include subdivision requirements, the architectural character should be similar to what is seen in the elevations, building height shall be 39'10.75", and sign height shall not exceed 30'.They had been asking for 45' and 35' was discussed in the meeting, but 30' is what was voted on in the motion.Sign animation shall be allowed at a 15 second interval, the 25' front setback shall be completely landscaped, a 6' screen wall of wrought iron fence would be required along the west property line, an 8' fence would not be required along the east property line and a 3' pony wall or berm would be required on the north property line.All applicable permits need to be applied for and the next land split must be for a subdivision.Trellises and climbing vegetation shall be on the north and south faces; council SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 3 OF 44 discussed removing this but left it in at the end.The freeway sign shall be reconfigured to fit within the support poles.The hotel shall become a member of the crime free multi -housing program. Mayor Coleman requested the applicant address the council. Ms. Christy Lane, BHG Development, 43806 W. Baker Drive, Maricopa, addressed the council.She stated she was there to answer any questions. Councilmember Sippel commented Vice Mayor Eck advised the sign can be completely designed by the city.He asked if the flashing LED part of the sign can be removed. Ms. Christy Lane asked if he meant below the 15 second piece of it. Councilmember Sippel commented Vice Mayor Eck stated he and other councilmembers received a phone call; he did not receive a phone call. Vice Mayor Eck stated the developer told him they could design the sign themselves. Councilmember Sippel asked if that means they can choose whether or not they want the flashing LED lights. Ms. Christy Lane asked if he meant just having it say permanently the price. it could say Value Place. Councilmember Sippel stated Ms. Christy Lane stated the LED portion is what advertises their price. Councilmember Sippel stated they could take it away and just put $189 up there. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 4 OF 44 Ms. Christy Lane stated they could put there whatever the weekly rate might be. Councilmember Sippel stated that is correct. Ms. Christy Lane commented he wanted a static sign with no LED. Councilmember Sippel stated no LED flashing at all.It would not be electronic at all. Ms. Christy Lane stated the sign itself has neon tubing.She asked if he wanted to redesign the entire sign. that is correct. wanted a static sign with no LED. Councilmember Sippel stated it sounds like they will have to redo it completely. Councilmember Severs commented he would like to clarify that.When he talked to the developers, they stated they would build any sign the council wants.The city can design it, whatever is designed or drawn or is wanted they will build, no matter what. Councilmember Sippel commented he takes that to mean if they choose to take away the LED sign, it will go away. Councilmember Severs stated that is correct. Mr. Donald Rich, BHG Development, 1400 N. Kellogg Drive, Anaheim, California, commented he is the one they talked to on that.He misinterpreted what he was being asked.They need to leave the Value Place on top; he was talking about redesigning the bottom of the sign.The standard cannot be changed.They can change the LED and just have it come on and not flash it, but they must leave the shape.He was talking about the bottom of the sign, where it is black.They can incorporate that into a different SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 5 OF 44 sign and work with the city on that.They cannot change the franchise shape of Value Place. Vice Mayor Eck commented he understood that they could take the franchise shape and put it underneath like several other signs they have seen around the valley.They could put it below the cap to where the box was not sticking up on the sign. Mr. Donald Rich stated there is a possibility of doing that.They cannot get rid of the gabled roof and the one below.It is a possibility of mounting it from the top as opposed to the bottom. Councilmember Sippel asked about the LED. Mr. Donald Rich stated as long as they maintain the franchise -shaped sign in some way. Councilmember Severs showed him a picture of a sign wherein they could put his sign between the pillars. Mr. Donald Rich stated they could find it on that piece. City Attorney Joel Stern requested Councilmember Severs to identify the sign for the record. Councilmember Severs stated it is the Target/Ross sign at the 202 in Gilbert. City Attorney Joel Stern requested the sign be entered into the record in the city clerk's file on this matter. Mr. Donald Rich stated they have no problem with that sign. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 6 OF 44 Councilmember Sippel asked if he noticed that the sign has no LED or anything on it. Mr. Donald Rich stated they need to leave something in the center of the sign, but it would not flash.The LED would not flash.He asked if that is what they wanted. Councilmember Sippel stated it is not.He wants that LED gone.Whether or not this was approved, he was not sure how they would control it if they put the flashing stuff back in there again.They could say they would not do it, just as they said earlier it would not flash any less than 15 seconds, but staff indicated in earlier conversations that there is no way to monitor that. Vice Mayor Eck commented it would be in the development agreement. Mr. Donald Rich stated if it is in the development agreement, they would be in violation and the city attorney would be after them. Councilmember Sippel asked if they could keep the $189 up there and it will stay there.If the price goes up in three years and the price changes they can change it then. Mr. Donald Rich stated they will not have a flashing sign during the day. Councilmember Sippel stated they are just proposing to put the sign up there. Mr. Donald Rich stated that is about the only thing they could advertise. Councilmember Sippel stated that anything else would then start it flashing. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 7 OF 44 Mr. Donald Rich stated the price is the only thing they need to advertise and it needs to be in that center area. Vice Mayor Eck stated the sign is a huge issue on this project.It could make or break the whole project. Councilmember Dietz commented he said that the sign would not flash during the day. Mr. Donald Rich stated it is a photo cell, so it does not come on during the day.It only comes on at night.It is not run during the day. Councilmember Dietz commented the sign is not on during the day. Mr. Donald Rich stated it is not so that they can save electricity. Councilmember Dietz asked how they would advertise their price during the day. Mr. Donald Rich stated it would just be on permanently.It permanently stays on.It might be lit during the day but you would have to be able to see it.The outside does not stay on. Councilmember Dietz commented they are saying it would not be flashing every 15 seconds at all. Mr. Donald Rich stated they would mount it permanently on a sign and the rate would be on there permanently where they could see it. Councilmember Dietz asked him to look at the original concept sign and stated he believes at the first meeting he had agreed to lower the top section and take out the little post that is there. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 8 OF 44 Mr. Donald Rich stated he agreed to do that. Vice Mayor Eck commented he remembered him agreeing to do a sign that would only be approved by the city. Mr. Donald Rich stated he did but they still have to keep the logo part on the sign in some shape. Vice Mayor Eck stated he had suggested that the city give him a sample of the kind of sign it wants and then have him create it. Councilmember Dietz commented in the original sign there was a two or three foot post that was holding the Value Place sign up.He has now given them a new sign that shows the one part eliminated and that is what he agreed to. Mr. Donald Rich stated that is correct. Vice Mayor Eck commented that is not correct as far as he is concerned. A man from the audience stated that is what was said and it is what they agreed upon. Vice Mayor Eck stated that is not correct.It is not what was in the motion. Mr. Donald Rich stated he agreed to it in the bottom part in his mind.He would be willing to put it on a larger sign as long as it keeps the shape at the upper top.It would not have anything flashing in the center. Councilmember Severs stated staff has gone out and photographed a lot of signs along freeway corridors.The sign for Home Depot along the I-10 corridor has SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 9 OF 44 the peaked roof -type thing that they are looking for.Their peaked roof would fit in within the legs of the sign and they would have their corporate sign.He showed another sign along the I-10 corridor.He believed there were several different things they could do that would incorporate their sign along with a beautiful sign the city would accept.They would be able to keep their corporate status, they could keep their identity and they would have a sign that is like that.He asked if they would be agreeable to that. Mr. Donald Rich stated they would be agreeable as long as they could keep their logo somewhere on the sign. Vice Mayor Eck commented they are trying to buffer the corporate out as much as possible. Mr. Donald Rich stated they can do that type of sign as long as they keep it corporate because they cannot change the corporate sign. Vice Mayor Eck commented they can buffer around the corporate. Mr. Donald Rich stated as long as they have the logo. City Attorney Joel Stern requested that this last be entered into the record so that when he is confronted with this he knows what it means. Councilmember Sippel commented they had also talked about not having maybe 4 or 5 signs within that little area there for future development. With his being allowed to place the Value Place at the top as shown by Councilmember Severs, and the other businesses being placed in that area underneath the Value Place sign, they should only have to have one sign that displays all the businesses in that area. Councilmember Severs commented the last motion stated the sign was to be 30' high. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 10 OF 44 The sign in the example he gave is 60' high.In order to do what he is suggesting, which he agrees with, he will have to be given more height.They had originally requested a 45' height; they cannot get very many on 30'.He would rather have one 45' sign with 10 businesses on it than five 30' signs with 2 businesses on them.It is something to consider. Mr. Donald Rich stated he would agree to one sign at 45', they can shape it and put the other businesses that would be in the development on that sign. Councilmember Sippel asked if they could put it in the agreement that future development must put their signs in this sign and cannot come to the council to ask for signs. City Attorney Joel Stern stated this particular zoning ordinance allows them to stipulate to a 45' sign or whatever height they want to make it.If other matters come up with separate parcels with different zoning cases, they would have to refer to this ordinance in those other zoning cases, that being that the sign shall be in conformity with Ordinance No. 1283. Councilmember Sippel asked if they could to that. City Attorney Joel Stern stated he believed so, unless the sign is allowed outright, which he believes is 12' tall.Another developer coming in will probably not want to put up a 12' high sign.They will probably want to go with a placement somewhere on the 45' sign. Mr. Donald Rich stated they as have the option on the other 14 acres they will be the ones coming back.He thinks they can agree to the 45' and work with that. Councilmember Severs commented if they go with something like that, this sign has space in it for 15 businesses.It is at Signal Butte and US 60 SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 11 OF 44 and is a 60' high sign.They will need some extra signs, but he believes there will only be 8 or 9 businesses here. Mr. Donald Rich stated there should only be 8 or 9 businesses so a 45' sign would work. Councilmember Insalaco commented the Earnhardt sign is 80' tall; comparing this one to it they are talking about half the height along the freeway. They allowed Earnhardt's to be 80', and when you see a pole with only one sign compared to one sign with everything in there, it is more conducive. Councilmember Severs asked what the height is on the Ford and Hyundai signs are. Vice Mayor Eck stated they are 80' tall. Councilmember Severs asked how tall the Waffle House and Super 8 signs are. Senior Planner Rudy Esquivias stated they are 35' tall. Ms. Christy Lane commented their static message would be the dollar amount and weekly rates. Councilmember Sippel stated it would say $189 weekly rate all on the same screen and not changing. Ms. Christy Lane stated that is correct.She wanted to clarify that as earlier he had said it would only have the price. Councilmember Sippel commented what he meant was he wanted only one thing up there and it would only change when the price changes. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 12 OF 44 Vice Mayor Eck asked how many revisions they have had on this project since they started at planning and zoning to where they are now. Ms. Christy Lane stated five or six. Vice Mayor Eck commented he would have said a couple dozen. Ms. Christy Lane stated she was talking about major, significant changes. or six. would have said a couple dozen. Mr. Donald Rich stated that a couple dozen is probably right.They changed the design; he thought the design they had the last time was fairly acceptable to them. Vice Mayor Eck commented the last design was.When they first came in they had a white building with the block on the bottom. Mr. Donald Rich stated they came in with a Midwest style instead of a West style. Vice Mayor Eck commented he was curious because they did take the planning and zoning recommendations very seriously but he believes they are looking at a much better product than what the planning and zoning commission was looking at when this was first brought before them. Mr. Donald Rich agreed, adding this is a very attractive building.It is the best Value Place in the system if they go ahead with it. Mayor Coleman asked if there are any other amenities for the hotel other than kitchenettes, such as a weight room, exercise room, or swimming pool. Mr. Donald Rich stated there is not. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 13 OF 44 Mayor Coleman asked if there is anything for people to do other than cook. Mr. Donald Rich stated they can cook and there are in-house laundry facilities.They also have internet.That is how they keep the cost down.It is the reason they can offer a low rent.If someone wants a pool, they would have to pay for it.They do not give a continental breakfast.They do not have exercise equipment, but someone can put their personal exercise equipment in their own room.They keep the cost down and they want it safe and clean.They reduce the cost by not having all the amenities that are given away for free.Internet is available, but they have to pay $10 to $15 a week for internet.Those that do not want internet will keep their costs down.It is how they operate and it is working. Councilmember Waldron asked if they have a restaurant. Mr. Donald Rich stated there is no restaurant or any other facilities.It is strictly rooms. They have the guest laundry for the guests and there is a public restroom.There are also vending machines.There are no other facilities that they pay for because they do not want the guests to have to bear the costs of a restaurant, lounge or swimming pool. Councilmember Waldron commented he believes there is one in Ft. Myers, Florida, that advertises for $32 a night that it has a restaurant in it.It is a Value Place. Mr. Donald Rich stated it would not be a Value Place. Councilmember Waldron stated it is.He does not have the print out with him but he will get it to him. Ms. Christy Lane asked if it was a Value Inn. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 14 OF 44 Councilmember Waldron stated it was not. Mr. Donald Rich stated there is a Value Inn.He would like to see it. Councilmember Waldron stated he meant to bring that. Mr. Donald Rich stated it is part of Jack DeVore's thing, that there are no other amenities or anything.There may be one adjacent to it; he did not know. Councilmember Waldron stated they list it as an amenity to the hotel. Mr. Donald Rich stated they still would like to not have to put the wrought iron fence or the fence between them and the service station or Carl's Jr.He would like to do that with heavy landscaping as opposed to having a fence there.They had talked to city staff about that but it was still left in the last ordinance.He would like to have that one item taken out if possible. Vice Mayor Eck stated he preferred the buffer of plants compared to walls and fences.He asked what the next proposed business is, as they are asking about restaurants.They have 8 pads there. Mr. Donald Rich stated they are proposing one or two more hotels to the east, possibly a fitness center, and then one or two restaurants like an Applebees or a Mimi's, a strip one like a Starbuck's that would have a deli next to it, possibly a mail shop, as they are seen quite often in these developments where you have a small strip, necessity type of shopping there.There is one area where he would like to see a really nice restaurant; it is over to the east beyond the corps of engineers wash.It can be seen on the extreme right where they have put the bridge.He would like to see a nice restaurant over there as it is kind of secluded.It would fit real well.They are talking to someone about that. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 15 OF 44 It could be a nice exclusive restaurant that is hidden back in the landscaping. Councilmember Dietz commented that would be really nice.He asked if they were going to do this or were they just going to bring in a nice plan with great ideas for it, get the zoning changed and then sell it off. Mr. Donald Rich stated they might have someone lease it and they would build it for them but they will work with someone.They are not planning on building them themselves, but they will develop it, bring in the plan and then seek out investors to build the facilities they are proposing. Councilmember Dietz commented the reason he is asking is that the Super 8 had great plans and great promises that great things were going to happen from there over to Idaho and it is still vacant, although the city did get a Waffle House 4 or 5 years ago. Mr. Donald Rich stated their business is not to hold onto land.They want to turn it and move it.His people can do that. Councilmember Dietz commented they came in with this grandiose idea to get their motel in and they got their motel and nothing else was done.Now he is coming in with this great plan for this piece of property to get the hotel in and he does not know if he is going to see this. There is nothing in the ordinance that states they must come back or they must do this. Mr. Donald Rich stated he realizes that. Councilmember Dietz commented he thinks this was discussed at the last meeting, too, that he was going to end up selling it off, if he remembers correctly. Mr. Donald Rich stated he needs to think in economics.The hotel is 2 acres.There are SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 16 OF 44 14 more acres, and when they buy 14 more acres at the price they are paying, they cannot afford to sit on it long without developing it. Councilmember Dietz commented if he was not mistaken he said they were going to sell it off. Mr. Donald Rich stated that is developing it.Developing and selling are the same thing to him. Councilmember Dietz commented it is giving him the same idea that this is not going to get done. Mr. Donald Rich stated they want to move the property for these developments. Vice Mayor Eck commented if they are going to hold to that, then they need to hold to that city wide.That means downtown main street; if they have the same idea, then we will have the same philosophy there.If they do not give the council the plan for the whole thing, then the council will do nothing.This is setting a precedence in his mind.He asked how much they asked for in tax incentives for this building.It is a $5 million project.He asked if they asked for any tax incentives. Mr. Donald Rich stated they did not. Vice Mayor Eck commented they are the first ones.He thanked him for that. Mr. Donald Rich stated they are bringing the city money with the TOT, which is called the privilege tax here. Vice Mayor Eck stated they are bringing in 4.4% on each rental.He added it is getting a little frustrating. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 17 OF 44 Mr. Donald Rich stated that is actually a little bit lower than most the cities.They need to reconsider that sometime.They have gone into cities that have it at 12% or 14%. Councilmember Insalaco read a letter from the governor of the State of Kansas regarding the opening of the third Value Place in Wichita and commending Jack DeVore for what he has done in the state.He added it told him a lot about this kind of business. Councilmember Dietz commented he went on line and pulled up Value Place and discovered only 30 of them are open across the country.He called around to a few of the locations to check police calls, things in the area and how they are run and look.The first one he called was Wichita, Kansas at 4665 South Broadway.He talked to a Sergeant Moore who told him it is located in a little stretch of low end extended stay hotels and that they have the highest rate of prostitution, drugs, warrants, and burglary calls from that area than in any other area.That is just Wichita, Kansas, which he thought interesting since we got that letter. Ms. Christy Lane asked if that is from the area itself or from the hotel. Councilmember Dietz commented it is from the area and the hotel.He personally stated that he had 2 prostitution arrests and a couple of drug arrests at the Value Place Hotel. Ms. Christy Lane asked if that was over a certain time frame.She knows that it is something that is monitored on a daily and regular basis.She knows it comes up. Councilmember Dietz commented he is sure it is.He called a few and there were a couple that gave great reviews.They keep it up really nice and they get the average amount of calls for burglaries and things like that. They do very well.There is a new one in Columbus, Georgia that was opened in July that has not had any calls.There was another that had 63 calls in the last 6 months.He could go on SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 18 OF 44 and on, but there were quite a few of them that had an extraordinary amount of calls in 10 of the 30 that he called. He guesses it would depend on the location. Ms. Christy Lane stated exactly. Councilmember Dietz commented the ones that seemed to have the most calls on them were located in a lower end part of town or just not the best location.The ones that had the best results or had the most praise were the ones that were located in the most affluent areas.A nicer area, per se.Where they are going is right across from Dogpatch, which is a lower end area with a lot of police calls and problems out there.It frightens him a bit, and he thought he should bring that up.It was a great letter from the governor of Kansas for the gentleman who started the business, but he thought it funny that the first one he called was Kansas and there were no other prostitution calls except for the one in Kansas. Mr. Donald Rich stated they have agreed to go with the police department program they have here for multi -family.They want to do it in this area.He thinks with their coming in with 16 acres they will have a nice upscale area and they want to monitor it and have it be the best one here. Ms. Christy Lane commented the area is not the nicest right now, but all the development that they are looking at 5 years down the road, with Lost Dutchman Heights and the growth and development that will be going on all around, this will be a primary corridor.They are looking at it being more upscale within the next couple of years.They want to be part of that and contribute to it. Councilmember Severs commented he also called Value Places like Councilmember Dietz did.He called one in Fort Worth and found out they had been open for 3 months and had received zero calls from the police department.The one in Memphis, Tennessee is not in a good area and they have received 9 calls in 3 months:one room SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 19 OF 44 disturbance, one needing a locksmith, one heart attack, two domestic arguments with no violence, one dog locked in a car, one car break-in and two medical calls.He did the same research for Super 8 that is one mile away.It is something already there and the council allowed it there.In the last 12 months they have had 82 calls to the Super 8; the element is already in our community.The high prostitution calls is in an area that already had high prostitution.This hotel will not bring a bad element to us; it is already there.If anything, with them being part of the crime -free housing, they will improve the area.It is a beautiful building and it will be the best looking building in that whole area.He questioned how it could make anything worse.They got calls down there at the Super 8 for abandoned vehicles, assault, building checks, burglary to vehicles, child neglect, civil matters, disturbances, two family fights, two calls for drugs, theft, car theft, warrants, and welfare checks.He thought it was interesting that it was already here.He compared it with the Best Western here on the Trail.It is more of an upscale motel; it is not a low dollar, weekly rate.It is nightly at $119 per night.He asked himself if he was a criminal and would break into a car would he do it at a Ritz Carlton or in a Value Place. He stated he would hit the Jaguar, the BMW and the Mercedes, not the truck of the working guy staying at the hotel.He searched and the Best Western has 25% more vehicle break-ins than at Super 8 in the worst area in town.He asked which one is attracting more crime.He believed it was the high dollar one. The one where there is better vehicles and more money.There were 25% more break-ins in the more expensive motel.The crime thing is not an issue.They just had an instance at a Circle K where a person was robbed, four hostages were taken and the clerk was shot in the stomach.He asked if they should not allow Circle Ks in the community.They cannot do that.Crime is here.The hotel will not fight it.He asked if it would add to it, but he does not believe it will. Councilmember Waldron asked if he was suggesting that they do low end hotels and nothing else. Councilmember Severs stated he was not.He was suggesting they not deny something because SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 20 OF 44 they are afraid of what it might be.They have evidence that that is not what it is going to be. Councilmember Sippel commented it is a viewpoint of a glass half empty or a glass half full.It may or may not increase if they build it. Councilmember Dietz showed some things that are going on in places with the same demographics.Councilmember Severs showed some in different demographics but still the same crime rate. It is a decision the council will have to make.More importantly, the letter from the governor that Councilmember Insalaco chose to read was very good.The governor of that area does not elect him as a councilmember to serve our citizens. There is a letter here that Councilmember Insalaco did not read that is from 20 citizens in opposition of this hotel.In particular, some that will be living in the Jacob's Ranch area to the east of the hotel.To him, a letter of this nature holds more clout than one from a governor who does not elect me at all. Mayor Coleman stated when they talk about the crime potential, it is like saying that if you put in a street, you are going to have accidents.Yes, there will be accidents on a street.He looks at this and asks if this is the kind of hotel and development that he wants to see on what they say is going to be one of the principal corridors down to the state land.He looks at this and it is a building with kitchenettes.It has no amenities for people who are going to stay there an extended period of time.When you start with a budget property, that is what you get.He does not believe they will even get something like a Chili's next to it because it will be a budget development, or low end development. He called Robert Brinton, the gentleman who sent the letter from the Mesa Convention of Visitors Bureau and he stated they were not for or against it really but Value Inn costs about $30,000 a room to put in and a mid -range Holiday Inn costs between $50,000 and $80,000 a room to put in.It is because of the amenities that go along with it.That is what he is looking at and having a problem with.He is not sure it is the kind of development that they want on this corner.They already have a Super 8 down the road that has vacant land next to it that has been zoned for a long time. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 21 OF 44 Mr. Donald Rich stated their master plan shows more full service hotels to the east of them. That would be a full service hotel that would have the amenities.This particular value is based on guests not having to pay for something that they will not use.They are trying to give them a nice, clean, safe hotel and not have to pay for those.When they develop the full service hotel, they will have more amenities, such as a pool, spa, food, and maybe a continental breakfast.It could be a Hampton Inn or something of that type, but it will cost per day. Councilmember Severs commented he does not know if anyone here has flown on Southwest Airlines, as they have no in-flight movie, no meals, and no first class.They offer the people a choice.He flies Southwest; he does not want to pay $700 for a flight to San Diego.He wants the cheap, safe, well -maintained flight to San Diego.This is offering the people a choice.It is giving them the opportunity to stay in a safe, clean environment for a lower dollar.If they wanted the amenities, they could stay in Gold Canyon, they could stay in Mesa, they could stay at all these other places, and they could stay at our Best Western.This is a choice.The low dollar does not mean a lot of crime.The high dollar does not mean no crime.The amenities do not mean no crime.The developers have offered to implement a program that we apparently do not even have in our city.We do not have the police department involved in our permit process.If they were to get involved in our permit process now, more buildings in our community would be built in a safer atmosphere.The video surveillance cameras would be a necessity.That is what these people are offering to do, the crime free housing program. Every manager on staff would be trained by the police department on what to look for and to know who not to rent to.The people who are in the neighborhood or the people who are going into that neighborhood to commit crimes know that there are video surveillance cameras all over this parking lot, there is security walking around this parking lot, and they may not go to that neighborhood any more.He commented this is not going to fight crime or solve crime, but it might make them go somewhere else.He does not know, but they cannot deny something because it might be here.The crime is already here. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 22 OF 44 Councilmember Waldron commented they might want to check with development services as there are many involved in the program around town. Councilmember Severs asked which ones. Councilmember Waldron commented he does not know them offhand, but they have gone through planning and zoning and the council and it is part of the stipulations. Councilmember Severs stated we currently have no hotels or motels involved in this program. Councilmember Waldron commented he said there were no buildings or developments involved, and that is incorrect. Councilmember Severs asked if that is where the police department is actually involved in the permit process. Councilmember Waldron commented he wanted to clarify that they do have developments that are involved in this. Vice Mayor Eck commented there are apartment complexes and such. Councilmember Insalaco commented they were also elected by the citizens to make sure that we provide police protection, public works, library and all the other things that they enjoy, need and want; that all comes from sales tax.If we keep destroying people who want to bring development in and will bring sales tax money in here, then the council is not doing its job.We are doing our job being selfish with one does not like this and one does not like that. He believes the public wants all the services they are getting. If the city does not have the tax money coming in to do it, they are not going to get these.With the new development coming in downtown, if and when it ever comes, how many businesses will SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 23 OF 44 they lose when the leases are up and they leave.He asked how many of the mom and pop stores will be gone and there is no tax money coming in until they wait for another big development that will take 5 to 10 years to come in.He asked where the tax money will come from.They should be thinking as a whole what is best for the community; not for one group of people, but the whole city. Councilmember Severs commented he does not want to explain laying off people in July because we do not have the budget in July to pay our people.We have gone through the lack of police and the lack of staff and he does not want to again.We need new money, new people and new businesses to survive in this community. Mayor Coleman asked him when the city laid people off. Councilmember Sippel commented he wanted to know, also. Councilmember Dietz commented he has been on the council 9 years and has not laid anybody off. Mayor Coleman commented he thinks they are getting way off track a little bit, but in talking to Mr. Brinton, he made a comment that really stuck with him.He said that people mistake new development for quality development, and that they have found that if it is not true quality, even if it is new, it will tend to deteriorate the area.People will move there simply because of the low cost. They have talked about it being a hotel, but it is an extended stay hotel.That concerns him a little bit.There are no amenities.Low end hotels usually do not have the security that high end hotels do because they are trying to cut down on costs. They rely on the police department instead of security officers. That is just the way it is.He is having a difficult time telling himself that this has the amenities that he wants to see there. Ms. Christy Lane commented there are 8 security cameras throughout the facility covering SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 24 OF 44 the interior, all exterior doors, the corridors, the stairwells, and they are all monitored in the front office.Any way in or out of the hotel is monitored by digital security cameras with time and date stamps.The building looks very nice with the elevation they have come up with, and they build quality into whatever they build.She is struggling with those comments. When comparing their architecture to the Super 8 and other buildings that they have seen, it looks pretty upscale, even comparing it to the convenience store next door that formerly had a Burger King, but there is nothing there now. Councilmember Severs commented he understands they are improving it and remodeling it on the assumption that the hotel is coming.They want the store to be better. Mr. Donald Rich stated they are putting a Carl's Jr. in there. Councilmember Severs commented they want to attract a better class of people. Mr. Donald Rich commented the mayor mentioned the cost.He said they are spending $6.7 million on the 2 acres.When you divide that by 121 units, they are spending $55,000 per unit for this property, not $30,000. That includes the land and all the development.It is not low. Mayor Coleman commented up on Main Street, not even on the freeway, they are tearing down the old Velda Rose and putting in a Holiday Inn.Mr. Brinton was reading the average figures out of a trade listing that the convention and visitor's bureau has.He is sure it is not the same in California as it is here, or anywhere else.It gave him an idea in the differences in the amenities that are offered. That was his point. Mr. Donald Rich stated he understood, but in actual cost per unit he knows exactly where they are in the numbers.That $6.7 million is just for the 2 acres and does not include the other 14 acres.They will have SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 25 OF 44 invested the $6.7 million from where they are right now to when they open. Vice Mayor Eck stated he has to say one thing on the comment that they received from Nathan Mason and the neighbors Councilmember Sippel was talking about. They are here to service the citizens but many of the issues in the letter have been resolved.The LED flashing sign, the sexual predator, undocumented worker, the fact that growth will be here in 2 years although he believes it will be more like 5 years, and the fact planning and zoning turned it down when what they are discussing now is not in comparison to what the planning and zoning commission turned down.He thinks they are trying to create something that is going to reflect on that area. Mayor Coleman agreed that it is aesthetically a different project. Amenity -wise, he does not know that it is. Vice Mayor Eck stated the first name on the letter is Richard Tameron; he would like to ask him if he realized what he had signed because he is a good friend of his.He stated he is also a customer of Nathan's as he is a businessman; he is not sure they are talking apples to apples and oranges to oranges at this point.He thinks they have a much better product at this time. Mayor Coleman opened the public hearing on the item. Ms. Margaret Taylor Webb addressed the council.She spoke in strong opposition to the development.Her property abuts the subject property to the north.She is across the street from Dogpatch.This type of facility has caused much grief in other cities, possibly contrary to the information the council has been given.They become a haven for drug users and dealers, prostitutes, and an undesirable element of society.She has two mobile home parks that both have crime -free programs in place.There are a lot of holes in these programs.They sound good and look good on paper, but there is still a lot of trouble.There is no SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 26 OF 44 guarantee that it is going to work.Two things have not been mentioned here, which were required for her when she put them in her mobile home parks.One is credit checks being a necessity for every single person who enters and deposits.She does not see that happening in this type of facility.Anyone who has the cash is acceptable. Councilmember Severs stated that is not correct. Councilmember Insalaco stated that is not true. Ms. Margaret Taylor Webb commented she is just asking what the crime free addendum is going to do when those are requirements.She wanted to know how it is going to be handled at the hotel and how can it be handled. She has big questions about that.She thought with all the police calls and trouble which they have had in Dogpatch that they would be careful about exposing themselves to even more of this.She asked why they would want to invite more. They know crime is here, everyone knows that.There is probably not a person in this room whose life has not been touched in some way by crime.She has.She has had embezzlement, theft, and a manager that had to tote a gun for 60 days because of what was going on.She is in complete agreement with Councilmember Sippel; with the explosive growth in Pinal County, they can do better than this.She is pro -development and is far more interested in upgrading this area, not contributing to further problems.She believes Apache Junction's time has come and it has a promising future.She has been here for 20 years and she is amazed at what has happened here.She is impressed with this building and this campus.The City of Surprise has grown faster than Apache Junction; they ought to see their facilities.They look like Dogpatch compared to this.They are representatives of this community and they need to think long and hard about what they allow to come in here.She pleaded with them to look beyond the dollar sign and not sell out for a facility of this caliber.She urged them to wait for a better deal, one that would upgrade the community and not downgrade it.She recognizes the need for more businesses and tax money, and she is positive it will come, but inviting trouble and spending SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 27 OF 44 those dollars gained to clean up the results is a poor business decision.She cannot buy into the idea that Apache Junction is in danger of becoming a ghost town.Nothing could be further from the truth. Noel Benoist, 900 N. San Marcos #35, Apache Junction, addressed the council.He stated he was a National Security Agency analyst.He has analyzed things for the president on down, private industry, etc.He has analyzed crime.He will address that first as it seems to be one of the major concerns here.He also joined the ministry about 26 years ago.He built a ministry house at Camelback and 19th Avenue.The neighbors were afraid they would attract the wrong element.He had 16 youths running from about 15 -years -old to 17 -years -old.They were kids who had attacked their family, tried to commit suicide, got involved in drugs, and gang bangers.They were a bad element.They had to make a decision before they came to the house; a decision to get a new life and straighten out.They got harassed by the neighbors who thought they were going to bring in a bad element.They were afraid of them.They finally said enough as there was too much harassment but at least 16 kids went home to their families and never again had an incident or turned to drugs, and every one graduated high school with As and Bs.They are solid citizens today.Do not let fear drive the best thing you have ever seen down the road. It is a bad choice.It is a bad emotion to make a decision out of.He has two sons and a daughter and he lives in an RV park. It is too small for them to stay with him.They stay in Gilbert, Tempe, Mesa and Scottsdale at the cheapest place they can find.It would be less money for them to spend and 90% of the money that would be spent here is spent over there on dinners and lunches.He has to drive over there but he would rather not have to drive through that traffic.It would be an easy shot for him if they stayed at a place like this.They would eat at the restaurants here.They do not need a restaurant there.While this place is developing, restaurants are thriving and the thriving business will buy the new place. We have fitness centers here.His son is a fitness buff and he goes to the fitness centers there.Fitness centers will get more business.The amenities are not needed here as it is perfectly designed to help the city grow at our present rate of growth and our present state of development.There are no SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 28 OF 44 guarantees in life; if they want that they are living the wrong life.This would be good for jobs, businesses that are here now to grow and get one of those new places, and if this developer wants to sell it, they have a marketing team.He has done marketing research and development; their team will get together with every fitness center here and let them know what will be available for them.If they like it and can afford it, they will help them get into it.That is part of marketing, and they will do the same thing for restaurants and others.They are buying this and want to make money; they are going to make it grow.They will push it because it is in their interest; it is also in the city's interest, too.He asked every one to calm down.When he was in the National Security Agency they had a bad area that they were going to help people out with because it was too close to some of their stuff.They found the names of the drug dealers with these people, and then the agency employees found out what those guys liked to drink.A uniformed officer would approach the dealer with his favorite drink and ask him how things were going and make sure he had his favorite drink.The officer would chat with the dealer for awhile.They do not like their friends and clientele seeing them rubbing elbows with the law.Within 30 days the problem was gone.Some of the guys around here could do the same thing.Openly visit and converse with some of these guys like they are good old buddies and watch how fast they get out of Dodge.They are paranoid and do not want their buddies putting a target on their back.It is a good way to drive them out.There are a lot of simple solutions here.Work together and find them.They could make the training they were talking about part of the conditional approval.Each manager must take the training. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He stated there has been quite a change since the December 5 meeting.The sign went from 45' to 30' and is now back to 45'.First they say they are selling it off, then they say they are developing it.He is not sure what these guys are going to do.He agrees with the mayor.One cannot go by fear or anything else because if you have streets you will have accidents.However, they also put safeguards in when they build the streets.Dogpatch is a high crime area.They will be putting something down there that he has actually personally stayed in, not a Value Place but SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 29 OF 44 hotels like it.They put something like this down there, they will be throwing gasoline on the fire again.One does not put something that could bring in crime in a crime area.They have 1,038 acres that was just sold and needs to be developed within the next 5 to 10 years and they need to open it up in 2 years. They have a corridor down US 60; they are very adamant about the corporate sign and how they want to keep the shape of it.He is sure the other two hotels that will be putting their signs in underneath will not want to change their corporate logos, too. There will be another sign issue and problems if they sell out and develop that area.He thinks they can also do better than this.They are voting on some of the best property that is along US 60 when the city starts expanding to the south.He keeps hearing about Mesa.Mesa is blocked.They have to sell for the best that they can.Apache Junction has the whole south to build on and the corridor going down US 60 will be the advertising place.When someone is coming from out of state or going into town and they go past Apache Junction and they see Value Place, Super 8 and other low class motels, then see the Marriotts and the Holiday Inns and such in Mesa and Gold Canyon, they will go past Apache Junction and the 4.2% will go back down the other way.He thinks they should hold out for a better class hotel or whatever it will be.It is a prime corridor location. Mr. Mike Weller, 471 W. 21st Avenue, Apache Junction, addressed the council.He stated he has been living here for 7 years, and anything he has ever seen from planning and zoning and the council has been anti -business. We need a tax base.These people are paying too much in taxes. They could have a residence hotel instead of a trailer park and that would seem to be a plus.He takes offense at any part of this town being called Dogpatch.Instead of our police force rounding up Fry's shopping carts, they should be down there doing their job. Councilmember Dietz commented it would be nice if that area was in the city so we could have a little more control over it.Since it is in the county and they do not want to annex into the city, our hands are tied as far as our police department. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 30 OF 44 Mr. Mike Weller stated he was the one who called it Dogpatch. Councilmember Dietz stated he did. Mr. Otis Lata, 3753 S. Wickiup, Apache Junction, addressed the council.He stated he appreciated their bringing this back to the council.He is grateful that Councilmember Dietz was able to rethink and see that this may be something that needs to re -looked at and re- voted on.He bought a home about 6 years ago just south of the freeway.His biggest dream is to be able to raise his family in Apache Junction.He grew up off of Power and Brown and really looked at the Superstition Mountains all the time.He was fascinated with the area and wanted to live and grow up here. He thinks the city is coming into a new era knowing that $58 million in land was just purchased south of Baseline.There is a lot of hope and opportunity for big business, small business, residential and communities.A lot of good things will be happening down there.He sees that this is a short term objective to get a quick buck to get sales tax.He thinks the city can do better.He thinks the city can step up and invite better quality businesses that will generate sales tax for the long term and not the short term.He commended the council for getting this developer to step up the aesthetics, the look, and the quality of the appearance.He asked if they could do that for businesses.If they can get this developer to do that in regards to appearance, then they could step up and say let us get quality businesses in here that will be more competitive for cities like Mesa and Queen Creek.Queen Creek will be a strong competitor and he knows they would not be looking at this saying let us try to get a short term sales tax generation here.They will look for the long term.It is not about fear.It is about taking a look at how they can become better in terms of a community and not just as something they can really make some money off of instead of trying to do something.He feels like they are looking at this as trying to do something for the community to generate sales tax.He appreciates it, but they need to look at the long term factors as to what this can do. Living south of this area, he has seen quite a bit of activity that has not been very, very good.He thinks that if the SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 31 OF 44 council holds out and not sells out and requires businesses to come up that will add to our community and not deter growth, he feel's like there is great hope for the city. Ms. Rayna Palmer, Chief Executive Officer, Apache Junction Chamber of Commerce, Apache Junction Visitor Center, addressed the council.She stated she has had several comments made to her the last couple of weeks over this issue.She thought she would share some facts.The understanding of demographics and how they work for economic development are not understood in many dynamics by a lot of us. She is not for or against this project.The current population of the city is about 40,000.The expanded population from October to April is 35,000.Gold Canyon and Peralta add about another 25,000.The population is about 100,000 for this general area during 6 months of the year and only a little less during the other 6 months.Apache Junction currently has 100 motel rooms to serve 100,000 people.Right now the city has Super 8 at 60 rooms and the Best Western at 40 rooms.Gold Canyon Golf Resort has 86 rooms and Best Western 68 rooms.That brings the total for the entire area 254 rooms.She also included the Santan/Johnson Ranch in the group of potential residents using the area.They have no amenities so they would come up Ironwood.The average cost during the season is $100 a night, ranging from $87 to $119.In Apache Junction the rooms have been 95% occupied since the first of October.That does not leave any nightly rooms for us to take advantage of the opportunity of having our relatives stay near us and to have the many other people who come into this area passing through staying here.The odd figure is the Gold Canyon rooms on the other side at the same price are only 40% to 50% occupied on a regular basis.The nearest rooms of any quality are in Mesa. The dynamics of the visitation in the city is about 30,000 people coming through per year.The daily requests for 1 night or 2 night stays have to be sent to Mesa because our motels are full.They receive 3 to 5 requests per week for extended stay facilities, short term apartments, and hotels that have long term.We lost the Grand Hotel and where we had some weekly rooms and a whole back section that were short term apartments. They turn away approximately 200 visitors per year that would be staying in this area.That does not include those requests made for short term extended stay on the website.The visitors that SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 32 OF 44 come to the center above and beyond new residents asking for community information are families visiting relatives on a budget.They are retirees, they are visiting friends, or they are checking out the area to live here.There are special events like the marathon, Ladies Pro Golf Association, the Renaissance Festival, Country Thunder and the Lost Dutchman Days that are weeklong events that need people to stay here.We also have a lot of short term construction workers that need facilities.Our motel rooms are booked with only 100 rooms available.They are trying to establish Destination Tourism packets; their struggle with that is they have no rooms to market and we have no transportation to share as well.The economic impact to our city, current potential for 100 rooms, is about $100,000 per year.That is what sales tax is generated per year from the motel rooms.The dynamic is that business does pay for what is in this community and sales tax is how it is generated. Mr. Hal Cochrane, owner of 2/3 of the property, addressed the council.The other 1/3 was owned by a Mr. Fulger who died last year.They have had the property for almost 30 years and he has had several opportunities to have made this into a mobile home park adjacent to the one on the north.When he saw the freeway was coming through, he saw that the best use would be commercial.He thinks he is right.When the first freeway layout was unveiled it showed the Tomahawk corner to be reserved for that purpose. He honored that.About 6 years ago he was able to sell off a little over 2 acres for the gas station and Burger King, which is now being converted to a Carl's Jr.When the opportunity came up for this development about 6 months ago, and he is sure they had already talked about it to planning, they talked about breaking off about 80,000 sq.ft. for the hotel.He has lived here a long time and one thing he has not heard tonight is what about the good people that come here every year and look for a good place to stay.They are on social security; they do not have a fortune and cannot pay $100 a night.They could pay a couple hundred dollars a month for a place where they could cook.He does not think they care about swimming pools and exercise yards.A lot of them are rock hounds and they go out hiking.He had a trailer park years ago when it was only $3 a night so he knows all about those.He really got excited with SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 33 OF 44 this project as he thought it would be a wonderful thing for the city and for the corner.There would be a good-looking hotel. It would be great if it had a swimming pool and an exercise room, but he does not think many of the winter visitors would be that excited about those facilities.He does not look for them when he travels.He has done his share of running back and forth to Michigan and he has stayed in a lot of hotels back there.Not all of your overnights will have all of the amenities that they are talking about.He asked what they would replace them with and how long it would take.He really does not want to own this another 30 years.He thinks their consideration has to be for the people that come to Apache Junction.They are average people, not the ones that can afford the $100 to $125 a night hotel.He had never heard the chamber numbers before, but they support his thoughts.He has lived here for 30 years and the people here are average people, they are not crime people.He urged them to get off of the crime kick and talk about the good we can do instead of worrying about fighting crime.Correct the sign and make this thing go so that it helps the city and the visitors. Mr. Jason LeVecke, 8830 S. 20th Place, Phoenix, addressed the council.He stated he is the owner of the soon -to -be Carl's Jr. and the convenience store. He was asked to be here as they are updating the facility.They bought it from the owner of the service station and Burger King. The convenience store that they have in Cave Creek is very upscale, an AJ's version of a convenience store.It has an extensive wine list, much more upscale convenience that they are currently building and should be done by the end of January, and then they will be converting the Burger King to a Carl's Jr.He is biased, having 51 Carl's Jr. restaurants in Arizona, that he thinks they have the premiere fast food in the state.They are not concerned that this would downgrade that area.They would not be spending this amount of money if they thought this would hurt them.He is not a resident of the city but has a lot of respect for the city and its residents.People of all income levels deserve options in places they can be able to stay.He has restaurants in Scottsdale and in very bad areas of Phoenix. He does not consider himself responsible for the crime that goes on there.He spends tens of thousands of dollars a year on security; off -duty police officers as he cannot always get the SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 34 OF 44 security he wants out of the police on duty so he has to hire them off duty in order to protect his customers and his businesses in those communities.He knows when he is in those communities.It costs him money if there is vandalism and he does not want crime.It does not benefit his business at any level and all of his customers deserve to be safe.He thinks they have done the right thing by bringing it to light and exposing it, and now they will try to protect the people that can afford to stay in a place like this.There are economy hotels next to their restaurants in the best and worst areas of town.They have the right things in cameras and lighting.They are investing and they have no opposition to this.He thinks it would actually be a good thing for their area and hopefully for the city.His experience is that this hotel would not hurt his business, it would help it.It would also help the city, residents, and the people that need that type of service.He provides food to people who are looking for that product; they provide rooms to people that are looking for that room.They deserve options, too. Mr. Sam Condon, 920 E. Estevan Avenue, Apache Junction, addressed the council.He stated he thinks they are all forgetting what it was like to be 20 to 25 years old, getting out of college and looking for a place to live away from mom and dad.They would want to check out places, not having much money to spend but staying for a week at a time to look at things.We have the beautiful Superstition Mountains here and the potential for work with 2 hospitals being built down the street.He thinks they are forgetting about that.He has a friend that is a traveling surgical technician who travels around the countryside for months at a time staying in certain areas to work in some hospitals, check out the hospitals and move on.If these people do not have the opportunity to stay in this community and see what we have to offer, they will not be selling houses or food at the restaurants.They need to bring people here.If they have no place to stay, they will have to go to Mesa.No one wants to be in that congested area now, though it may be that congested out here someday.Right now it is beautiful.There is a Pointe at Tapitio Cliffs, the Pointe in Ahwatukee, and there could be a Pointe at Superstition Mountain, too.Until they do their studies and see that the people are coming to this SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 35 OF 44 community to attract those larger businesses and motels, they will not waste their time here.They have those things in Ahwatukee, Paradise Valley and Scottsdale.They will not come here until they see the focus groups and the hospitals being built up with the nurses and surgical techs having places to stay.His wife has to travel to Mesa because there are no jobs out here.We have to have the people to bring the businesses to create the jobs.We have 30,000 people that come here for months at a time; most of them are probably on a limited income but they spend lots of money.If more people lived here they would spend even more money.He would rather shop here but there is no Sam's Club or Price Club.We have none of the big stores here and he has to go to another place.When people are just out of college they do not have a lot of money and they cannot afford to go to the Pointes or places like that and stay a long time.This hotel provides a service for people who do not have much and are trying to build on a family or that do not have families yet but would like to have one and are trying to save money.It cannot have the amenities of places like that because they cannot afford to stay at those places while working at a hospital making $12 to $14 an hour.College graduates have to pay their college off and their other bills.Those people looking at the high dollar areas, they are already comfortable somewhere.They are not looking at the community to buy and stay in the community to add to it.They are looking for the quick fix.They come in, have a good time and spend a little money at the high dollar hotel and the leave.Maybe they will come back, maybe they will not.He wants them to be able to stay here, keep that money here and get the word out that it is a great place to stay.There are the beautiful mountains which are really the only things here to attract people.We need more things out here to attract people, something that is unique.As it is the first one in Arizona, he does not know if it will attract any tourists or anyone like that.But it does give people the ability to stay here; one hundred people could stay and check out the area to see if they want to move here, to have the hiking trails and the beautiful horses with their horse privileges.He hopes that the Professional Rodeo Association rodeo will move in here at the rodeo grounds, and that it will happen before Gold Canyon gets one out there.He sees this as a good deal and they have to start someplace.They cannot expect the amenities to be there for the hardworking people.They have SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 36 OF 44 to be taken into consideration because they do not have money to throw away. Ms. Ginnie Bodell, 1759 E. Barnacle Avenue, Apache Junction, addressed the council.She stated all of her and her husband's family live out of state. Several times a year they come out to visit.In the past they have stopped to stay at the Super 8; they no longer wish to stay there because they do not feel safe.It is rundown and not a very nice place to stay.They head into Mesa.It would be very nice to have someplace closer here that is nice.She does not feel that this building has the amenities, though.Her kids like to go swim with grandma and grandpa and do things at the hotel.She does not think this hotel will give her family the opportunity to stay here.A lot of times they ask her if the city has gotten a Hampton Inn or a Marriott; something that would be nicer.This is just going to be another Super 8 run down 5 years from now.She hoped that they would look to the future a little more and get something of a little higher quality than this Value Place. Mr. Jeff Serdy, 741 E. Kachina, Apache Junction, addressed the council.He stated he wanted to agree with all the people that are pro -business.He owns a business and his lease was just up and he is 40 yards on the other side of the county line because Apache Junction has traditionally not been pro -business.Everything is shifting down towards the freeway.A lot of the local people will avoid the project they are trying to get downtown.The growth will be down at the freeway exits.Something has to start there first. When his lease is up in 5 years, if there is a plaza started there with an Applebee's, a hotel or whatever, he might move his business there.As of right now, he would not because there is nothing there.He has not heard them say that the Hilton or anybody is waiting to come here.He has friends who live in Phoenix who mention places and ask him if he has heard of them and he has not because he does not go past Power Road; everything he needs is at Power Road.He would like to be able to say some day that he never goes past Meridian because we have everything we need here.One thinks things are going to start happening in the area, like out in Florence Junction, but nothing else goes in.It only has a convenience store.Arizona SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 37 OF 44 City had a project that was going to start and it never started. As for prostitution and it being low class, he watches the news and there are more prostitution busts in Scottsdale then there is any other city with the affluent.He thinks the more that would grow there would be better; it would bring the area that they are calling Dogpatch up and possibly chase those people out of there. Mr. John Kantowski asked if they are locked into this once they enter this.He asked if they could raise their rates up to $250 a week if they find it is too expensive.He asked if they are locked into the program for any certain length of time.He knows that a lot of mobile home parks are locked into the program for a certain amount of time and sometimes there can be a cost. City Attorney Joel Stern stated if the stipulation is that the developer be part of the crime free housing program, then they would have to stay in the program for as long as the stipulation would be enforced.They could try to get the ordinance amended at a later date. Mr. John Kantowski asked if the city would pull their license if they do not get the ordinance changed for some reason and they do not stay in the program. City Attorney Joel Stern stated it would be a zoning stipulation that is not being abided by and the city could try to get an injunction to keep them from operating until they comply with the ordinance. Mayor Coleman closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Severs addressed Mrs. Webb's question and commented that everyone that checks into the hotel has to have photo identification, a driver's license, a credit card, and has to put down a deposit every week.He is not sure if they do credit checks.Mr. Kantowski had stated we should put in a higher class hotel SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 38 OF 44 there.He asked if he meant a better class hotel like the Best Western.He has the crime reports for Best Western; they are 25% worse than the Super 8.They would like the council to pick something better; the council does not have the opportunity to pick something better.The council cannot go out and find a Marriott to build over here.All they can do is decide if they allow this or sit on it.It could be 5 or 7 years before anything happens south of the freeway.They cannot say what can happen in 5 to 7 years.The land is not the corridor to the new land to the south.When you get off the freeway and make a right you run into the dump, the landfill.That is not the gateway to the new land to the south of the city.It is the dump.The gateway is Idaho and Ironwood.This property is not going to get anything better.Nothing that they see and nothing that has ever come up in 30 years.They cannot pick something better. Vice Mayor Eck stated he thinks they are in a better position now that they have the freeway and they have had some growth in the past 20 years.He saw this project filling a need.They need more long stay motels as the chamber representative presented.People are seeing this as some eyesore 5 years from now, looking rundown and awful.He does not see it.It is the same type of 4 -sided construction that you would look for in design review.They went over and above the design review the city has for this building.It has a sloped, tiled roof and Sante Fe look.He has heard for almost 10 years, since he has been on the council, how they need more rooftops.They have to have rooftops to bring in the nice businesses, like the Costcos, Sam's Clubs, and everything.They need places for people to stay; they have to be able to live here.To him, this is a rooftop.Mr. Otis Lara was concerned about raising a family here.His daughter is purchasing a house in the first subdivision south of the freeway along Tomahawk, and he assumes his grandchildren will be raised there.He honestly does not look at this project as something threatening those neighborhoods.He has a personal interest in it since his daughter will be living in the area.It is easy to talk about a short term objective, but this property was zoned county TH, trailer homesites, and Mr. Cochrane could have built a trailer park 30 years ago.We could have had a trailer park there 30 years ago and we would not be arguing about this.They SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 39 OF 44 would just see more trailer roofs and that would be the end of it.We would not have any opportunity for any commercial there. He looks at this building as a catalyst.Everyone is saying there are no amenities there.A Carl's Jr. is being built nearby with a convenience store.He asked how quickly would there be a need for another restaurant in the area if there are no amenities.They are bringing the people.He has always been told they need to have the rooftops first in order to bring in the business.That is how he looks at it.He commented Ms. Webb got up and talked about the problems across the street but he believes her park is in the county, not in the city.Her park could have had Mr. Cochrane's park wrapped around hers if he had built one.A lot of her concerns are county concerns, not city concerns.It is the location of her park being in the county.They have a three -sided county property owner who is bringing in a $5.5 million project.To him that is a catalyst that will hopefully create this area into something better. City Attorney Joel Stern commented he could not anticipate exactly what would happen tonight so he gave them a bunch of options for their vote. Option A essentially rescinds the December 5 decision.Option B says that it shall not be rescinded.One of those should be chosen.If Option A is chosen, it goes along with Option D unless the council is going to add additions.Essentially if they are going to do anything tonight, they have to address if it is going to be rescinded from December 5, and, if it is rescinded, they will have to vote on the proposal as if it had not been voted on yet.It will need to be read by title only and then they need to decide whether it should be denied or approved and if there are any amendments. Mayor Coleman asked if they would need to do a vote on Option B if they do Option A. City Attorney Joel Stern stated that is correct. City Clerk Kathleen Connelly stated it would also be for Option C. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 40 OF 44 City Attorney Joel Stern stated it could also be C or D, and it would be C if they are going to add amendments. Councilmember Sippel asked if any council member can make this motion or does it have to be one from the opposing side. City Attorney Joel Stern stated any council member can make the motion.The motion for reconsideration has already been approved so they are now at the stage of voting on rescinding and/or approving or denying the ongoing motion. City Clerk Kathleen Connelly commented they looked at 3 different signs that she believes were entered into the record.One was a sample of a Target sign, one was a Home Depot, and one was for the Signal Butte commercial development.She asked if their intention was for a sign to resemble something like that. Vice Mayor Eck stated that was his question.If the reconsideration for possible action was just brought up for action or not, could someone have brought it up for different revisions that they thought had been denied. City Attorney Joel Stern stated they could do that.They could say they wanted it on the sign issue that any sign shall be similar to or closely related to the Target sign which is in the record. Councilmember Sippel commented they have to do Option A to get the sign redone.They would then go to Option C to put in the new sign. City Clerk Kathleen Connelly stated there were some comments made about a development agreement.Her understanding is that there is no development agreement connected to this.All the terms and conditions need to be included in the ordinance. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 41 OF 44 City Attorney Joel Stern stated there is a development agreement that dealt with the property when it was annexed into the city.The current zoning is TH/PD planned development.They are not voting on the development agreement tonight.It has already been dealt with. City Clerk Kathleen Connelly asked if there would be a development agreement connected to this rezoning. City Attorney Joel Stern stated there would not be a development agreement connected to this rezoning except what was already agreed to that did deal with the property and the standard provisions regarding annexations.He believes those signatures have been received and they are annexing the property into the city.The majority of those items have been dealt with.He thinks there are some issues regarding reviews of plans that will be expedited. Vice Mayor Eck commented he thinks he used the term development agreement with the crime free housing. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Sippel MOVED THAT THE VOTE ON DECEMBER 5TH RELATING TO ORDINANCE NO. 1283 BE RESCINDED IN ITS ENTIRETY. Councilmember Waldron SECONDED THE MOTION. VOTE:5-2 (Councilmembers Insalaco and Severs voted in opposition.) The motion carried. Councilmember Sippel MOVED THAT ORDINANCE NO. 1283 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 42 OF 44 Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Sippel MOVED THAT ORDINANCE NUMBER 1283, AS READ BY THE CITY CLERK, BE DENIED. Councilmember Waldron SECONDED THE MOTION. VOTE:4-3 (Vice Mayor Eck and Councilmembers Insalaco and Severs voted in opposition.) The motion carried. ADJOURNMENT )Mayor Coleman adjourned the meeting at 5:30 p.m. ACCEPTED THIS 6TH DAY OF FEBRUARY , 2007, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS , 2007. 6TH DOUGLAS C Mayor ATTEST: SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 43 OF 44 DAY OF FEBRUARY LEMAN 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 special meeting of the City Council of the City of Apache Junction, Arizona, held on the 29th day of December, 2006.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of January, 2007. KATHLEEN CONNELLY City Clerk _ SPECIAL MEETING OF THE CITY COUNCIL DECEMBER 29, 2006 PAGE 44 OF 44