HomeMy WebLinkAbout2004-03-02 City Council Regular MinutesCITY COUNCIL
REGULAR MEETING
MARCH 2,2004
The regular meeting of the City Council of the.City of Apache Junction,
Arizona,was held on March 2,2004,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 7:00 p.m.
INVOCATION
Councilmember Milkey gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Sippel led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present:Mayor Coleman
Vice Mayor Eck
Councilmember Dietz
Councilmember Insalaco
Councilmember Mil key
Councilmember .Sippel
Councilmember Waldron
Staff Present:City Manager George Hoffman
Assistant City Manager Bryant Powell
City Clerk Kathleen Connelly
City Attorney Joel Stern
Interim Public Safety Director Steve Campbell
Public Works Director Doug Dobson
Development Services Director Rudy Esquivias
Community Relations Manager Patrick Brenner
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 1 OF 20
Others Present:Assistant Planner Noel Griemsmann
Associate Planner Steve Abraham
ACCEPTANCE OF CONSENT AGENDA
)Vice Mayor Eck MOVED THAT THE
CONSENT AGENDA BE ACCEPTED AFTER DELETING ITEM 2:AND
THAT APPROVAL BE GIVEN TO THE PUBLIC WORKS DEPARTMENT TO USE ARIZONA
DEPARTMENT OF TRANSPORTATION CONTRACTS WITH VULCAN ALUMINUM,KORMAN SIGNS,
INC.,AND INTEPLAST GROUP,INC.,FOR THE PURCHASE OF SIGN BLANKS AND SHEETS IN
AN AMOUNT NOT TO EXCEED $11,000.00;AND
THAT APPROVAL BE GIVEN TO THE PUBLIC WORKS DEPARTMENT TO USE ARIZONA
DEPARTMENT OF TRANSPORTATION CONTRACT WITH 3M FOR ENGINEERING GRADE,HIGH
INTENSITY GRADE AND FINISHED HIGH INTENSITY GRADE REGULATORY SIGNS IN AN
AMOUNT NOT TO EXCEED $15,000.00;AND
THAT THE BID FOR PROJECT NUMBER CA -04-01,PUBLIC SAFETY DEPARTMENT HARASSMENT
AUDIT,BE AWARDED TO SERENO GROUP,INC..IN THE AMOUNT OF $15.250.00 PLUS AN
ADDITIONAL 10%CONTINGENCY OF $1,525.00 FOR UNFORESEEN CHANGE ORDERS AND
COSTS FOR A TOTAL AMOUNT OF $16.775.00;AND THAT THE MAYOR BE AUTHORIZED TO
SIGN THE AGREEMENT.
Councilmember Dietz SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
AWARDS,PRESENTATIONS AND COMMUNICATIONS
Mayor Coleman read a proclamation designating the week of March 15 through 21
as "Brain Awareness Week"and presented it to Helen Howard and Debbie Bassett
of Pilot International.
Community Relations Manager Patrick Brenner stated there have been 109
graduates of the Citizen Leadership Institute thus far and 29 have served or
are serving on various boards and commissions.Mayor Coleman presented
certifications of achievement to the graduates of the 6th Citizen Leadership
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 2 OF 20
Institute.He congratulated the graduates and mentioned that Councilmember
Sippel is a graduate of the institute and former council member Carol Urich is
a graduate of this institute.They will not allow sitting council members to
attend the institute.
CALL TO THE PUBLIC
Mr.Todd House,5027 E.Hidalgo Street,Apache Junction,addressed the council
to ask if there has been any progress or direction with the Lost Dutchman
Boulevard closure.He also asked if the engineering study could be done and
if the cost of such had been determined.He commented Mr.Brenner had
contacted him at the last meeting to try to arl'ange a meeting with him but
they have not been able to do so.They had invited him to a Superstition
Mountain Base Coalition meeting on February 7 but he did not attend.He is
under a tremendous amount of pressure from people in the group to get some
answers or dialogue started on the situation.He commented a lot of people's
lives depending on them to make a quick and speedy decision.They are worried
that the council will not act on this.They are not going to go away.The
problem will only get worse if they take a lot of time to handle the
situation.They are ready to discuss this at any time with the city and the
county.
Ms.Yvonne Kube,740 Main Street,Superior,addressed the council regarding
the soap box derby.She apologized for not being at the work session last
night.She would like the opportunity to present the soap box derby and what
is envisioned for Gila and Pinal Counties.She left some information for them
to look over and requested she be invited back for another work session.
Mayor Coleman verified that she would come back for another work session.
Mayor Coleman requested the city manager meet with Mr.House and explain where
the city is at on his request.City Manager George Hoffman stated he has that
information ready for his city manager report this evening.
Vice Mayor Eck commented he believed the original direction on Lost Dutchman
Boulevard was if something was happening on the county side then the city
would also get involved.He does not believe it will be spearheaded by the
city.He added the next meeting will be in April,so they can reschedule the
soap box derby presentation for that month.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 3 OF 20
City Clerk Kathleen Connelly stated the next work session will be on April 5.
Vice Mayor Eck requested the soap box derby be rescheduled for April 5.
CITY MANAGER'S REPORT
City Manager George Hoffman stated he has a meeting scheduled for Friday with
the county manager and our respective staffs to take a technical look at the
Lost Dutchman Boulevard closure and its potential alternatives.He had
directed Mr.Brenner not to facilitate a citizen -based discussion due to the
divisive nature of the residents.Mr.Brenner's actions were consistent with
his direction.They are currently pursuing the situation at the technical
level.They should know more in the weeks ahead.
PUBLIC HEARINGS
PROPOSED ORDINANCE NO.1198,CASE PZ-15-
03,A REZONING REQUEST BY JOHN PHILLIPS
OF J&R PHILLIPS TO REZONE A .64 GROSS-
ACRE SITE FROM CB -2 TO C-3/PD TO DEVELOP A
LONG JOHN SILVER'S AND AN FAST FOOD
RESTAURANT
)Associate Planner Steve Abraham
briefed the council on the item.He stated this is located at the southeast
corner of Grand and Apache Trail.The site has CB -2 zoning abutting i t on
Apache Trail and residential zoning districts south of it.The applicant's
proposal is for a 2,866 sq.ft.combined AN and Long John Silver's restaurant.
It will also have a drive -thru.There will be two entrances,one off of
Apache Trail and one off of Grand.The applicant has requested a reduction in
the front yard landscape strip from 25'to 8',and to not underground utility
lines parallel to Apache Trail on the north side of the property across Grand.
The overhead utility lines adjacent to the property on the west side parallel
to Grand would be placed underground except for one pole at the northwest
corner of the property.There has been a recent development in this request
that the applicant will explain during his presentation.The applicant is
also requesting a reduction in the parking from 38 spaces to 31.During a
study conducted by staff,it was found that Apache Junction has the second-
most stringent requirement for parking spaces when comparing it to other
cities.Several other cities range from 29 to 35 spaces.Gilbert would
require 44 spaces.The planning and zoning commission recommended approval of
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 4 OF 20
the plan with:the deviations requested.They were concerned with the
architectural elevations of parts of the project.He showed the council
previous:concept -plans submittedAo demonstrate where this project has come
from.COuncil directed:staff at the last council meeting to look into-sIight
modifications:of,the plan itself,such as a more southwestern look.Staff
feels the current plan does have some architectural styling along the roof,.
The roof lineicomes and pops out with the yellow banding.There is some
detailing along the roof edge.There is some wainscot at the bottom and some
pop outs_along_the east and west elevations.There are also two pop outs: on
the south elevation.I t has an architectural treatment on all four sides.I t
is not quite southwest;i t is more of a modern approach yet still keeps in
mind the,corporate image the.developer is looking to convey.The applicant
would like tc:Laddress council on some of the design options.Staff is
recommending approval with the standard stipulations and those addressing the -
applicant's requests to waiver.The planning and zoning commission opted to
not require the undergrounding of the utilities across Grand.He stated
special consideration should be given ,to stipulation 7 which states the signs
shall :consist of low profile monument signs and no pole signs shall.be
allowed.Attached signage shall be of the same general character and
proportionalities depicted on the concept elevations.The parcels shall be
combined prior to permit issuance.
Mayor Coleman requested the
applicantaddress the council.
Mr.Scott Marshall,Architekton,the ,
architect covering,the development,addressed the council.They have worked:
withstaff on the elevations to try to please the council yet still keep the
corporate identity.He has been told that there are some questions on the
color banding He offered some new solutions,.He also stated they were
unaware of thecos -Lof the undergrounding until recently.Salt River Project -
jUst'quoted them a price of $75,000 just to underground the frontage of Apache
Trail :and Grand.He stated they have compromised,with the city :quite'alpit.
They would like to try to get this done and move forward..His Client has
conceded to underground the lines -and take care ,Of those costs:.
Vice MayorIck commented he
brought up the,top• feature at the Tast ,meeting and hadibeen:toldHabout a .
similar store at Ellsworth and Baseline.It appears it is. pretty much: what
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 5 OF 20
has been presented here.The.Baseline store has a top 'accentthat he was
hoping to see on this one:
Mr:Scott Marshall asked if he would
like to see more of abreak up in the parapet.
Vice Mayor Eck commented he would
basically like to see the yellow gone.He. would like to see something similar
to the Baseline store he -would be very'content with that.
Mr.Scott Marshall.stated the only
reason they kept the yellow band was because they considered this a "dry"'
building_They added some color on the pop out features.,but i t needed some
light..They left the original color in to break-up the height of the building
and the shape of the building.However,they would be happy to make that
change:
Vice Mayor Eck commented that is the
only change that he was lOoking for with this proposal.He believes i t is
more what the council and chamber of commerce are lookingJor on Main Street.
He believes the business owner will be.very pleased with that area.
Councilmember Insalaco asked if this
version of the building is the "Cadillac"version of all the other cities and
towns where they have businesses,or is it the "Chevrolet"product.This city
always seems to get the lesser out here than other cities -and towns get.
Mr.Scott Marshall stated there will
only be one other building like i t in the area as they are changing their
concept again.His agency did not design! this concept and he does not totally
agree with everything,but this building is the "Cadillac"for what will be
built'forAhis particular building.Their image is very, important with them.
Councilmember. Insalaco stated he
does not have a problem with the design of the building.The front looks
good,and -people generally do not look at the back ofHa building.He would
like to see some type of molding or another type of banding other than yellow.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 6 OF 20
Mr.Scott Marshall stated the yellow
is part of Long John Silver's identity.They are going to take that color
off;he agrees i t looks obnoxious.
Vice Mayor Eck asked what kind of
structure they call that at the Ellsworth and Baseline store.
Mr.Scott Marshall stated that is a
completely different building,as i t is a Taco Bell and Long John Silver's.
Their identity for that building is a little different than for this building.
Vice Mayor Eck commented he was
looking for a name for that architectural accent so that it could be added
into the motion.
Associate Planner Steve Abraham
stated i t is an accent band to bring out the roof line.
Vice Mayor Eck commented they would
be getting rid of the color and coming out with the roof line similar to the
one at Baseline.
Mr.Scott Marshall stated that is
correct.
'Mayor Coleman opened the public
hearing on the item.
Mrs.Anne Marie_Surra,1150 E.
Estevan,Apache Junction,addressed the council.She asked what the change in
the concept is for this type of building.They may want to delay until the
change comes in to see if they will get something better.The trade-offs of
less parking;not all of the underground cabling,and the landscape reduction
does not seem to be worth what she -sees there even if the yellow banding is
gone.The public is interested in seeing upgraded commercial development on
Apache Trail.The Chamber of Commerce and -Main Street organizations have
worked diligently tO get design guidelines to the council that are currently
with the planning and zoning commission.She does not think the commercial
developers understand what the public wants to see here.She suggestedthe
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 7 OF 20
council follow through on the guidelines for commercial development as quickly
.as possible or we will continue to see this.
Mr.Joe Severs,1184 N.Starr Road,
Apache Junction,addressed the council.He stated what Mrs.Surra commented
needs to happen.He sees another building going in that is not "Apache
Junction".It does not look like anything that you would see -old west.
southwest,cowboy;it does notfit in.We need this business here,and we
should not do anything to stop them,but stipulations need to start happening.
He grew up in a "German"town,and everything had to look "German".There is
nothing here.They could eventually have so many buildings with different
looks that it will be difficult to decide what is our "look".
Mayor Coleman closed the public
hearing with no one else wishing to speak.He reopened the item to council
discussion.
Councilmember Dietz asked about
stipulation 3.I t states the developer shall or shall not be required to
underground utility lines across Grand Avenue on the north.
Associate Planner Steve Abraham
stated ,that reflects the original request to leave the pole on the
northeastern corner.
Councilmember Dietz asked if this
has to be adjusted in the motion.
Associate Planner Steve Abraham
stated he believes they indicated all of the utility lines would be
undergrounded and they are not requesting that pole be left so the motion
should sky "shall be required".
There was general discussion on what
the motion should state regarding this stipulation.
Vice Mayor Eck commented he agreed
with Mrs.Surra and Mr.Sievers.He would like to see the guidelines put into
effect as soon as possible.We need to be able to identify who we are,we
have done our legwork and had the Chamber and Main Street look at it,and we
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 8 OF 20
need to follow through and get them into effect.He believes moving the
yellow stripe and adding the accent band will make this building attractive.
Councilmember Insalaco stated the
color scheme does not offer a lot to make i t look southwest.If the colors
were more southwestern,the building would be okay for him.
colors need to be more natural.
Councilmember Waldron stated the
CounciTmember Insalaco agreed.
Mayor Coleman closed the discussion
with'no more comments and called for a motion.
Vice Mayor Eck MOVED THAT ORDINANCE
NO.1198 BE READ BY.TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE
WAIVED.
Councilmember Dietz SECONDED THE
MOTION.
VOTE: :Unanimous.
The motion carried.
City Clerk Kathleen Connelly read
the ordinance by title only.
Vice Mayor Eck MOVED THAT ORDINANCE
NO.1198,AS READ BY THE CITY•CLERK; BE 'APPROVED AND ADOPTED WITH THE
FOLLOWING AMENDMENTS:THAT ON ITEM 3 -OF THE RECOMMENDED MOTION THE WORD "NOT"
BE REMOVED SO IT READS "SHALL BE REQUIRED TO UNDERGROUND UTILITY LINES ACROSS
GRAND DRIVE";AND. ALSO THAT THE AGREEMENT.WE HAVE WITH THE ENGINEER TONIGHT AS
FAR AS REMOVING THE YELLOW BAND AND PUTTING IN AN ARCHITECTURAL ACCENT- BAND:
UPON:OUR VERBAL AGREEMENT AND OUR:DISCUSSION.
Councilmember Dietz SECONDED THE
MOTION.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 9 OF 20
Councilmember Milkey commented he
believed they wanted -to leave the northeast pole of the power lines and not.
underground across Grand.They would underground on Grand adjacent to the
property and on Apache Trail in front of the property,not across.
Associate Planner Steve Abraham
stated he understood he was going across Grand.
Vice Mayor Eck commented i t is
supposed to.be an additional $75,000.-
City Attorney Joel Stern commented
the motion.to second should probably be withdrawn,and then the motion should
be withdrawn which would allow the council to go back into discussionand open
i t up again.
Councilmember Dietz WITHDREW HIS..
SECOND.
Vice Mayor Eck WITHDREW HIS -MOTION.
Mayor Coleman opened the item to
.council discussion.
Mr.Scott Marshall s-tated they
cannot leave theHpole that they would have liked to have left originally.
Salt River Project wants -themto gosto:the'next -pole:which is on the -car lot •
adjacent to therm There:will be no poles on the -corners except onAhe corner
of their boundary on theadjacen-Lproperty to the east of them and to the
.south-.:There will be no above ground lines_on either -side :of the property.'
Councilmember Sippel commentedithey
haveqfladea verbal agreement -to. change the:color -of the yellow:banding but
that dOes.!not mean that theycoUld:notchange it to orange.
they had .a verbal agreement.
Vice Mayor Eck -commented-he thought
•City Attorney Joel Stern stated they
-may want to put in language -that says a color which'the development services'
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 10 OF 20
director: so designates.He is not sure the applicant would support that,but :
i t appears to be the test waylo handle it.They may also want to reopen the
public hearing after this on the: utility and banding issues.-
Mayor Coleman,asked Mr.Marshall-i f
the language was okay with him:
Mr.Marshall stated it was:If he
takes that colorout;there will be no other color other than the building !
color:He commented theHgraycolor they put on the building was at the
request of the:planning commission.They: had brought i t in originally because,
i t is.a prototype color.If the council deslres:he can change it to earth.
tone colors.
Vice Mayor Eck stated they would
probably be:rim -their best :interest:
Councilmember: Milkey,suggested:the ,
banding besomethingother than the building color just not: yellow.
Vide: Mayor Eck asked if they couldL
make the banding anearth tone other than the main building color
•'Mr.Sdott Marshall stated there will
be 3.color. changes.The ,main bump outs :have a varying color: to:contrastthe
body of the building:If they change those to, ateige orearth tonecolor,-
those mill contrast with'each other asWell::They will both be :earth tone,
and the accent bands will have to be changed as well,
City Attorney Joel: Stermasked if he:
was sayingtn behalf Of AN: and LOng -John -Silver's that these colors will be
changed.
Mr.Stott Marshall stated they mill:
City Attorney,Joel ,SternHasked if he
retresentsthatTfrom the,corporateicapacity:
Mr.Stott -Marshall stated:again that
they will.••
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 11 OF 20
Vice Mayor Eck commented they do not
need to put the colors in the motion as i t is verbally in the record.
City Attorney Joel Stern stated he
believes they should have a stipulation that does say a color that the
development services director so designates.
City Manager George Hoffman added
and that is consistent with council direction tonight.
City Attorney Joel Stern stated that
is correct.It could be the last condition.
Mayor Coleman reopened the public
hearing to the_color and utility lines issues only.There being no one
wishing to speak,he closed the public hearing and reopened the item to
council discussion.
Vice Mayor Eck commented he believes
i t is evident that the council and the community want -a good product in this
community:I t is difficult without design review.
Mayor Coleman closed the discussion
with for further comments and called for a motion.
Vice Mayor Eck MOVED THAT ORDINANCE
NO.1198,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE
FOLLOWING.AMENDMENTS:.THAT ITEM 3,PER STAFF RECOMMENDATION,THAT THE. WORD
"NOT"BE REMOVED SO IT READS SHALL BE REQUIRED TO UNDERGROUND UTILITY LINES
ACROSS GRAND DRIVE ON THE NORTH SIDE;ALSO,THAT THE AGREEMENT OF THE
ARCHITECTURAL ACCENT BAND BE CHANGED AND THE COLOR OF THE ENTIRE BUILDING BE
APPROVED BY THE DEVELOPMENT SERVICES DIRECTOR CONSISTENT WITH THE COUNCIL
DISCUSSION OF THIS ITEM TONIGHT.
Councilmember Sippel SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 12 OF 20
PROPOSED ORDINANCE NO.1199,CASE PZ-1
-04,CITY -INITIATED REZONING OF 9
PARCELS LOCATED ON THE NORTH SIDE OF
APACHE TRAIL BETWEEN IRONWOOD AND
VALLEY FOR CREATION OF A PALETTE OF USES )•
•)Associate Planner Steve Abraham
briefed the council on the item.He stated the northern edge of the rezoning
area is comprised of parcels zoned GR along Roosevelt Street and i t is CB -2 on
those parcels located along Apache Trail.The 9 parcels will be rezoned.to C-
3/PD to establish a palette of uses for a future planned development
commercial site.Staff inventoried a variety of residential and -commercial
uses currently on the subject site.Many of those uses are non -conforming due
to their age and existence on the property.They will be allowed to remain
but they will be phased out with the eventual development and/or expansion of.
some of the uses on:the property.This is really an administrative rezoning
rather than a city -initiated rezoning.They have had constant dialogue going
with the property owner to try to fine tune this to reflect her desiresand
the city's development goals.Staff has added a stipulation reflecting a
mini -storage use which can be added to the end of the motion as written.The
stipulation would be added to theend of the ordinance.Staff and the
commission recommend approval of the ordinance.The area is more commonly
known as the Golden -West Restaurant with some recreational vehicle and mobile
home park sites located to the north of the restaurant.The goals are to
create a palette of sales tax job generating uses,create a hospitable
environment for private investment,and create an appropriate design method
and landscape list.The.stipulations are modeled very closely to the Meridian
area rezoning from a couple of months ago with minor changes outlined in the
staff report.
Councilmember Waldron asked where
the mini -storage stipulation is located.
Associate Planner Steve Abraham
stated it is in the cover memo.
Mayor Coleman stated. it is there if
you want to add it.I t is stipulation number 19 at the end of the memo.
the mini -storage stipulation is located.
stated i t is in the cover memo.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 13 OF 20
Mayor Coleman requested the owner
address the council.The owner declined.Mayor Coleman opened the public
hearing on the item.
Mr.James Vanover addressed the
council.He stated he.has Lot 11,which is on Valley and Roosevelt.He is
concerned about a uniform a-3 -zoning from Valley to Ironwood.He would like
to put an office building on his lot in the area of 22,000 to 25,000 sq.ft.
different zoning than this.
Vice Mayor:Eck stated that is a
Mr.James Vanover stated i t is.
Vice Mayor Eck stated he asked that
question when they had the discussion on this item,about adding the other
lots.I t is, basically a different zoning,that he is requesting than these
.other lots:
.Associate Planner Steve Abraham
stated his property is GR zoned in the rear and CB-2.in front.He was
proposing to be included into this rezoning as part of the city -initiated
rezoning.He had wanted to be part of this in orderrto develop his office
building project.
Councilmember Dietz commented he
cannot under the zoning i t is being changed to.
Vice Mayor Eck commented he is hot a
part of this.
Associate Planner Steve Abraham
stated he was not included in this rezoning:
There was general discussion as to
why he was not included.
City Attorney Joel Stern stated he
believed the request came upllate after this was already in the system.This
was already at the planning and zoning -commission and the request was not part
of the lawsuit by Ms.' Johnson,which-was resolved.As part of the -resolution,
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 14 OF 20
she was,toagree toAhisTezoning,,:which,ismhy:it was kept separate:There
may: have been several other ,peoplethatApay;haveEbeen •interestedtut this was
a.court-initiated rezoniplafter a -settlement._That iswhy other property
owners were excluded.
Vibe: Mayor Eck commented they were
able to &Ian:9 parcelstecause they -were ownediall -by one owner.
City Attorney Joel Stern stated that
is correct They are .all ownedty:Oak:Acres Trust;Ms., Johnson is the trustee
or beneficiary in some capacity. :The courtidecree included a waiver of all
rezoning,fees.:She is not being chargedfor anyTezoning:fees,TypicallY,an -
applicant paysifor all oftheTezoning fees:There was, also a13,,000,
settlement to her attorney'inexchange fOr not_goingto trial on i t It was
estimated it would cost between:$5000ahd $15,00(1 if it Was, litigated%
Vice MayorEck commented they could
not add another property:owner on due to..that lawsuit:
City •Attorney: Joel' Stern stated they •
mighttave -had[to go tack to courtto request :permission as this was part of a:
L settlement:Itmould:stail the process -at thispoint:The property is.in a
choice location-ancistaff 'felt the-rezoningshould go forward ,as soon -as-
possible without•anypotential protests -by the property. owner or any -,other
individual
City Manager GeorgeMoffman stated
thereiis nothing preventing. him from coming forward with a .rezoning request
andprocessinvthatAhrough the planningLand zoning commission and the; city
council.•
City Attorney Joel: Stern stated
therels not.He canEcome forward-in the future ancrit would ,have to go
through. the 4 to 6 monthiprocess.'
DevelOpment Services Director Rudy
ESquiVias:statecra commerciaImezoning,withplanned ,developmentwould.beiabout
3.5 to 4 months.He-can_comeibackmitha plan to rezone ,his parcelty,
The general plan showsthe retaThopportunity all:the way to. Roosevelt Street::.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 15 OF 20
City Manager George Hoffman stated
staff would be happy to work with him on that.
Vice Mayor Eck asked Mr.Vanover if
he understood: it would be:difficult to add him to this rezoning,but: he could'
apply:for a rezoning in the future.
Mr James Vanover -stated heH
understood.He.commented:as Ms:Johnsonisalready gettinglhis:rezonjng,itt
would:be more uniform from Valley to Roosevelt to,Apache,Trall:.
Vice Mayor Eck agreed_However;due
to the technical difficulties with:the lawsuit,it would have been hard to add
another property owner'.They would have to do the entire process all over in
ordercto add anotber'property now.It would still take as long to go through
theLprocess i f —they tried 'to add another property:now.
City Attorney Joel Stern commented=
Ms.: Johnson is;eagerto get this rezoning done asishe.mayhave -somepotehtial:
buyers with.thenew,zoning::I t increases the value of the:property:and-it .
would ,delay her.
There -was general discussion: on bow
Mr.Vanover shOuld proceed.
Mrs.Sharon Diehl,653S.Ironwood,
Apache Junction,addressed the council.She asked if the land on AbacheJrail
could be turned 'into storage spaces:
MayorColeman stated i t could- not.
Mrs.Sharon Diehl stated she had
misunderstood:I t is prime property and i t could:betetter used anOther way;
an: earlier request.
Vice Mayor Eck stated:that had been
Ms.Cleo Johnson asked ifall of the ,
property would be: the same zoning both back and front.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 16 OF 20
City Attorney Joel Stern stated i t
will all be CB-3/PD.
Ms.Cleo Johnson asked if the other
gentleman's property who had approached them would be a different zoning.
City Attorney Joel Stern stated he
believes he wants the same zoning she is getting.He can come tomorrow and
set up another zoning case to be processed through.
Mayor Coleman closed the public
hearing with no one else wishing to speak.He reopened the item to council
discussion.There being no further discussion,he called for a motion.
Councilmember Dietz MOVED THAT
ORDINANCE NO.1199 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE
ORDINANCE BE WAIVED.
Councilmember Waldron SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
City Clerk Kathleen Connelly read
the ordinance by title only.
Councilmember Dietz MOVED THAT
ORDINANCE NO.1199,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED.
Councilmember WaldrOn SECONDED THE:
MOTION.
VOTE:.Unanimous.
The motion carried.
OLD BUSINESS
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2.2004
PAGE 17 OF 20
None.
NEW BUSINESS
•None.
COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS
Mayor Coleman requested an update on the design review guidelines:.
COUNCIL DIRECTION TO STAFF ON OTHERPROPOSED LEGISLATION OR ACTIONS
None.
SELECTION;OF MEETING .DATES,TIMES,LOCATIONS,-AND PURPOSES
Councilmember Dietz MOVED THAT AN
.EXECUTIVE SESSION AT:6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON
MONDAY,APRIL 5,2004,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS
RESPECTIVELY:
AND THAT AN EXECUTIVE SESSION -AT:6:00 P.M.BE HELD ON TUESDAY,APRIL 6,2004 ;
IN THE CITY CONFERENCE ROW
Councilffember Insalaco SECONDED THE
MOTION.
VOTE:Unanimous.
The motion carried.
INFORMATION AND REPORTS .
Cobncilmember Ihsalaco commented the Lost Dutchman Parade was this past
weekend and there were a:number of floats and marching bands.The one that
impressed hirmand all the judges and received a standing ,ovation from the
crowd was the Ray High School R.O.T.C.Marine Band.They took first place.•
You would have been proud to see how these.young people handled their rifles
and their steps.They were perfect.It shOws the small schools can do as well
as the larger ones.
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 18 OF 20
Vice Mayor Eck commented Lost Dutchman Days was terrific.I t keeps getting
bigger and bigger each year.The way the public works .department,parks and
recreation department and chamber worked is incredible.I t is. a beautiful
event.
Mayor Coleman commented he went to the Senior Olympics a week ago-Saturday.'
They had the Mayor's Cup Challenge,and .there were 8 -of them in it,mostly
from the west side.They used to have -a bicycle race ;but they had moved the
opening ceremony to the soccer stadium so they had a Mayor's Cup Soccer Goal
Kick.He did not win,but he got a soccer bobblehead 'doll.
ADJOURNMENT )
)Mayor Coleman adjourned the
meeting at 8:20 p.m.
Consent Agenda Items are as follows:.
1.Acceptance of Agenda.
2.Acceptance of Minutes of Regular Meeting of February 17,2004.
3.Consideration of request to use ADOT bid for the purchase of Sign Substrate
Materials (Blanks and Sheets)from Vulcan Aluminum KormarnSigns,Inc.,and
Inteplast Group,Inc.in an amount not to exceed $11,000.
4.Consideration of request to use ADOT bid for the purchase of Engineering
Grade,High Intensity Grade and Finished High Intensity Grade Regulatory
Signs from. 3M in an amount not to exceed $15,000.
5.Consideration of Award of Bid for Project CA -04-01,to Sereno Group,Inc.
to perforna Public Safety .Harassment Audit and approval of Professional
Services Agreement in the amount of 115,250 plus 10%,or $1,525 for
contingency,for a grant total not to exceed $16,775,and authorization for
Mayor to execute the agreement.
ACCEPTED THIS fiTH DAY OF APRTI 2004,-BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA
SIGNED AND ATTESTED TO THIS 6TH
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 19 OF 20
DAY OF APRIL ,2004.
ATTEST:
KATHLEEN CONNELLY
City Clerk
DOUGLAS C LEMAN
Mayor:
CITY COUNCIL MINUTES
CERTIFICATION
I lhereby certify that the foregoing minutes area true and correct copy of the :
minutes-Ofthe:regular: meeting of the City:Council of :the City of Apache
Junction,Arizona:,held on the 2nd day of, March,2004:IJurther certify that
the,meeting was duly called and held and that a quorum was present.
DatedDated this 26th day of March 2004L
KATHLEEN CONNELLY
City Clerk
REGULAR MEETING OF THE CITY COUNCIL
MARCH 2,2004
PAGE 20 OF 20