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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