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HomeMy WebLinkAbout2002-01-15 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 15,2002 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 15,2002,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 Vice Mayor Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Milkey led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Eck Councilmember Milkey Councilmember Urich Staff Present:Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Library Director Pam Loui Public Works Director Doug Dobson Development Services Director Dean Svoboda REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 1 OF 24 Others Present:Senior Planner Rudy Esquivias Management Assistant Shari Watson Grants Specialist Roger Hacker Assistant to the City Manager Bryant Powell Parks Superintendent Nick Blake ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Surra MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:THE PARKS AND RECREATION DEPARTMENT FOR THEIR FUNDRAISING EFFORTS IN THE PHOENIX RIDE FOR KIDS;THE PARKS AND RECREATION DEPARTMENT FOR THEIR PLANNING AND IMPLEMENTATION OF THE POST PARADE CHRISTMAS ACTIVITY AT THE CHAMBER FACILITY; AND SERGEANT RICHARD VIRGIL AND LIBRARY DIRECTOR PAM LOUT FOR THEIR SUCCESSFUL COMPLETION OF THE CERTIFIED PUBLIC MANAGER PROGRAM;AND THAT RESOLUTION NO.01-24,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE ARIZONA DEPARTMENT OF COMMERCE GROWING SMARTER PLANNING GRANT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR A GENERAL PLAN UPDATE IN COMPLIANCE WITH THE GROWING SMARTER STATUTES,BE APPROVED;AND THAT PAMELA STOELK BE APPOINTED TO THE LIBRARY BOARD FOR A TERM EXPIRING JUNE 30,2004;AND THAT DAN AUSTIN BE APPOINTED TO THE SUPERSTITION MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD OF DIRECTORS FOR A TERM TO EXPIRE JULY 7,2004:AND THAT THE PROFESSIONAL SERVICES AGREEMENT WITH KIRKHAM MICHAEL CONSULTING ENGINEERS FOR THE DESIGN OF HANDICAP ACCESSIBLE INTERSECTIONS AT NINE LOCATIONS WITHIN THE CITY LIMITS BE APPROVED IN THE AMOUNT OF $10,818.00 PLUS 10%IN THE AMOUNT OF $1,081.80 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $11,898.80:AND THAT THE AWARD OF BID FOR PROJECT PW 2001-34,MATERIAL AND LABOR TO ADJUST MANHOLES AND VALVES ON BROADWAY AVENUE FROM MERIDIAN DRIVE TO IDAHO ROAD,BE AWARDED TO SPECIALTY CONTRACTORS OF ARIZONA IN THE AMOUNT OF $19,985.00 PLUS 10%IN THE AMOUNT OF $1,998.50 IN THE EVENT OF UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT OF $21,983.50;AND REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 2 OF 24 THAT APRPOVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION FOR DESIGN AND CONSTRUCTION OF IMPROVEMENTS TO WEEKES WASH CULVERTS USING HIGHWAY USER REVENUE FUNDS (HURF), FUNDED THROUGH THE CENTRAL ARIZONA ASSOCIATION OF GOVERNMENTS;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT;AND THAT RECEIPT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR ENDING JUNE 30,2001,BE ACKNOWLEDGED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,Apache Junction,Greater Apache Junction Association for Effective Government,addressed the council regarding his opinion of honesty and integrity in the city,his concern on the 80'freeway sign for the Earnhardt development,a request to put the sign to a public vote,a request to put more information on the agenda regarding consent agenda items and to have consent agenda items that are bid awards moved to public hearings. Mr.Michael Weller,471 W.21st Avenue,Apache Junction,addressed the council regarding having a citizens'committee review the ordinances as there are many that have not been updated since 1985.He would like to see something in the ordinances regarding disciplinary increments. CITY MANAGER'S REPORT None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 3 OF 24 PUBLIC HEARINGS APPLICATION FOR A NEW LICENSE, CORPORATION,SERIES 10 LIQUOR LICENSE FOR QUICK STOP )City Clerk Kathleen Connelly briefed the council on the item.This is located on Old West Highway.The packet includes commentary from the police department,zoning department and the fire district.The applicant was notified to be present this evening to answer any questions. applicant address the council. council. Mayor Coleman requested the Mr.Dilip Seth addressed the Councilmember Durbala asked if all of his employees would be going through the liquor control classes. Mr.Dilip Seth stated they would be, i t is a requirement from the liquor board.He has six stores in Arizona and all of his employees are going through the training.He is making improvements inside the store and he will get a certificate of occupancy from the fire district before he opens the store.He will also have the health inspector in and follow the sign ordinance. Mayor Coleman stated the fire district did recommend approval contingent upon a completed and approved fire safety inspection.He opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to council discussion.There being no further discussion,he called for a motion. Councilmember Durbala MOVED THAT THE APPLICATION FOR A NEW LICENSE,CORPORATION,SERIES 10 LIQUOR LICENSE SUBMITTED BY DILIP SETH FOR QUICK STOP BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 4 OF 24 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR JANUARY 19,2002 )City Clerk Kathleen Connelly briefed the council on the item.The applicant has been notified of the meeting tonight in the event of questions from the council. Mayor Coleman requested the applicant address the council. Ms.Linda Stewart addressed the council.This was done a year ago for her grand opening.She has walked the police department personnel through her proposal and they are going to rope i t off the same way it was done last year.She has added security as she expects a larger crowd,with one at every entrance to check for identification.They will not have the smoker outside to cook the meat:it will be brought in pre- cooked. Mayor Coleman opened the public hearing on the item.There being no on wishing to speak,he closed the public hearing and reopened the item to council discussion.There being no discussion,he called for a motion. Councilmember Urich MOVED THAT THE TEMPORARY EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF LONGHORN BAR & GRILL FOR JANUARY 19,2002,BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 5 OF 24 The motion carried. PZ-4-01 -REZONING REQUEST BY COLTON TAYLOR ON BEHALF OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS TO CHANGE THE ZONING OF A PARCEL APPROXIMATELY 4.8 ACRES IN SIZE FROM CR-3 TO CR-3/PD FOR THE PURPOSE OF INSTALLING A NEW STEEPLE TO A HEIGHT OF 67'AT 1802 S.IRONWOOD DRIVE )Senior Planner Rudy Esquivias briefed the council on the item.The church currently has existing architectural features consisting of two or three spires.They would like to replace these 48'spires with an aluminum steeple 36'high resting on top of the building.The total building height will be 67'4".He described the surrounding area and the uses.He described the general plan and the developments in the area.The general plan calls for protecting mountain views by restricting high rise buildings,protecting natural sight and preserving natural corridors.The design of this steeple will probably impact the surrounding properties,though i t is a narrow structure.He described the steeple structure.The applicant was asked to provide examples of other churches that had steeples retrofitted to them,and they were provided to the planning and zoning commission.The commission first heard this on October 23,2001 and continued it to the November meeting in order to view the examples provided.The zoning ordinance tries to establish a low profile corridor,limiting all buildings to 30'in residential areas.In commercial and industrial zones the building height may get to 35'.There have been a few height exceptions,such as the Earnhardt development at Tomahawk and the freeway being given a height limit of 45'.I t is unclear what effect this structure will have on adjacent properties and it may be precedent setting. Churches are already allowed a height exception of up to 40'in the zoning code.No one showed up at the commission hearings to speak for or against the project.One call was received by staff in favor of the request.The commission voted to deny the request on November 27 with a vote of 5-1 because they felt the steeple would detract from the aesthetics of the building and that approval of this request might set a precedent for other requests to exceed the height limit.Mr.Colton Taylor has provided letters from the church's attorneys in Salt Lake City that refer to the Religious Land Use and Institutionalized Persons Act.This is a federal act stating that a government entity has to have a compelling reason to deny a request of a REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 6 OF 24 religious institution,and it generally has to relate to public health and safety issues.The reasons provided by the commission do not appear to be compelling in their attorneys'opinion.He briefed the council on the language in the ordinance and why this was done by ordinance instead by requesting a variance. Councilmember Eck asked if the commission had any knowledge of the federal act. Senior Planner Rudy Esquivias stated they did. Mayor Coleman asked if the city attorney briefed them. Senior Planner Rudy Esquivias stated they did not ask the city attorney to address the federal act but some of the questions were directed and answered by him. Development Services Director Dean Svoboda stated it was discussed at a staff level/commission meeting.He went through the Act in its entirety with the commission.They received a more thorough briefing then the council on the Act. City Attorney Joel Stern commented i t is his job to advise the commission on the procedural elements of the meetings rather than the subject of issues.He did not do an executive session with them.He recommended going back into executive session with the council tonight on this issue if there is interest. Mayor Coleman asked if council desired to do so.The council decided not to.Mayor Coleman closed the discussion and requested the applicant address the council. Mr.Colton Taylor,1060 E.3rd Place,Mesa,architect for the church,addressed the council.He wanted to make sure that the letter from the attorneys is placed into the record for the hearing.The church is seeking the rezoning in order to get the height exception.He read an excerpt of the letter from the attorney addressing his opinion of this being a religious building and the reasons cited by the REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 7 OF 24 commission as not being a compelling reason for denial.He showed examples of other steeples of similar construction.The main view that would be blocked is on a vacant lot and a public park which is owned by the church and leased to the city annually.There are already light poles in the park site which are about the same height as the requested steeple.It will not impact the view much at all.He complimented the council and staff for their assistance. Councilmember Eck asked when the other steeples shown were erected compared to the other residences around them. Mr.Colton Taylor stated the one on Signal Butte currently has a development going in around it.There were no houses originally. Councilmember Eck commented this church has been here for fifteen to twenty years with residences already around i t and you are talking about erecting a higher steeple.He would not have a problem with building a new church in an area yet to be built up with residences.The residents have their decision and they already see it there. Mr.Colton Taylor stated they sent out letters for residents within 300'and they received no objections. Mayor Coleman opened the public hearing on the item. Mr.Elliott Fisher,547 E.Quail, Apache Junction,addressed the council.He supported the new steeple,he thinks it will be a positive upgrade.He added the aluminum steeple might attract lightning in a storm and protect any people in the area. Mr.Philip Johnson,1246 W.21st Avenue,Apache Junction,addressed the council.He opposed the new steeple as he feels the Mormons have Mesa and are trying to move into the city. Mr.John Insalaco,1570 S.Buena Vista,Apache Junction,addressed the council.He commented there is nothing prettier than a church of any denomination.He would rather see that steeple than microwave towers around the city. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 8 OF 24 Mr.Nathan Mason,1885 E.39th Avenue,Apache Junction,addressed the council.He is a member of the church and i t is important for them to have the steeple.I t is religiously inspiring to them.They can go into any city and look for their steeple to find where to attend their church meetings. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. There was general discussion by the council and city attorney regarding the Religious Land Use and Institutionalized Persons Act. Vice Mayor Surra asked if all the normal permits would be taken out for the building of the structure and i f inspections would be done. Development Services Director Dean Svoboda stated they would be. Vice Mayor Surra commented she finds i t reassuring to see steeples versus communication towers.Steeples and bell towers speak a lot about the community and its diversity is important to her. She does not oppose a steeple being added to this building. Councilmember Durbala commented i f the church states that i t has some religious significance to them,then there is not much the council can do at that point.The city must be able to prove some other type of problem.He does not see a problem with steeples on any churches.The city has to follow the federal law. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT ORDINANCE NO.1156 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 9 OF 24 Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Vice Mayor Surra MOVED THAT ORDINANCE NO.1156,AS READ BY THE CITY CLERK,BE APPROVED. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. CUP -7-01:REQUEST BY CHRISTINE RUEGSEGGER OF FLUORESCO LIGHTING AND SIGNS,ON BEHALF OF EARNHARDT PROPERTIES FOR A CONDITIONAL USE PERMIT TO ALLOW AN 80'DETACHED POLE SIGN AT 3400 S.TOMAHAWK ROAD )Senior Planner Rudy Esquivias briefed the council on the item.This is a 20 -acre property at the southwest corner of Tomahawk and US 60.I t is zoned general commercial by planned development,and a planned development plan was approved 2-3 years ago for a three phase development.Phase 1 is the Earnhardt Ford facility being constructed.Only the landscaping remains to be finished.The requested sign will be in the northwest corner of Phase 1.They are requesting an 80'sign and the pole will be 70'with the Ford logo on top.The logo is 10'by 25'. There is an allowance for taller signs through the conditional use permit REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 10 OF 24 process.He described the problems at the location warranting the taller sign.The planning and zoning commission was presented with four options: allow the sign height as requested by the applicants;allow a sign at 12' above the adjacent freeway grade or 37';allow a sign 12'above the top of the freeway overpass or 43':and allow a sign equal to the building height,which would be a 49'sign as there is a 4'depression where the sign is.The commission also had the option of allowing a sign height between 80'and the building height.They were supplied with photographs showing the visibility of the sign at 40',60'and 80'and they were accurate representations.Mr. Earnhardt spoke at the meeting stating he had been assured that he would be getting an 80'sign as part of his development agreement with the city.Staff was to assist the developer with the sign and the developer would be obligated to comply with all city processes.Mr.Earnhardt stated the 80'sign is part of his franchise agreement with Ford Motor Company and he would not have been able to locate his business here without that commitment.The sign is important to his business and he cannot have his grand opening without it. Staff has requested a copy of the franchise agreement be forwarded to the council.Mr.Waters spoke on behalf of Earnhardt's at the commission meeting and stated Earnhardt's would potentially be the city's largest employer.He believed a smaller sign would be blocked by freeway views.He also stated the address cannot be placed on the Ford logo sign due to corporate logo policies but they would put the numbers on the pole.Mr.Fisher spoke requesting the developer keep the sign at 25'or pay an annual environmental impact fee.He also requested the issue be put to a public vote.Mr.Shane Phillips spoke in support as the 80'sign had been promised and the business will be a great tax generator.The commission's primary concern was whether or not an 80'sign had been promised in the development agreement.They were concerned as to whether other businesses along the freeway would be asking for taller signs. The commission voted 4-2 to recommend approval of a 60'sign,with conditions. Mayor Coleman requested the applicant address the council. Ms.Christine Ruegsegger,Fluoresco Lighting and Signs,4235 E.Wood Street,Phoenix,addressed the council.She commented on Mr.Fisher's concern over the 80'pylon distracting drivers.The 80'pole would give drivers more of a chance of seeing the sign before they got too close.The only effect on traffic should be people exiting on Tomahawk to buy a new Ford.I t should be no more distracting than any other sign when driving along the street.They are compromising as it was earlier REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 11 OF 24 agreed that they could have no more than two 80'signs with square footage of no more than 450 square feet.They are asking for only one 80'sign with 250 square feet. Councilmember Durbala asked how far from the freeway the sign will be placed. Senior Planner Rudy Esquivias stated i t is off to the side of the off ramp,but he estimated it would be at least a couple of hundred feet. Mayor Coleman asked if the freeway was at a height of 25'there. Senior Planner Rudy Esquivias stated i t is about 22'to 23'. Mayor Coleman stated he has driven by the location frequently and you feel like you are looking down onto the building.He asked if the balloon that is out there is at 80'. Senior Planner Rudy Esquivias stated i t is if the wind is not blowing. Mr.Tex Earnhardt addressed the council.He commented an agreement was approved on August 9,1999,in which the city had agreed to put in a traffic signal once needed and wherein they had approved two signs not to exceed 80'or 450 square feet in display face. A lot of work has been put into this project.Ford Motor Company initially stated this was too far out and they wanted i t at Superstition Springs.They purchased a lot of ground out here to build an auto center.I t is a blighted area:he has been told by the police department i t is in the worst area for crime and drugs.He has built the finest dealership in the country there. Everything is first class.He feels like his legs have been chopped off.He commended the commission for doing a good job,and that they did what was needed according to the rules in front of them.He was never told of these rules.He complimented the city staff for being pleasant and easy to work with.Just before Christmas he realized they were about to open and they had not drawn a permit for the sign.It was then he learned they had to go through this process for the sign.He commented they would never have built REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 12 OF 24 this project if they were going to have a little sign.The sign is very important.Three years ago they hired a company to bring in a crane and shoot pictures to see how high the sign would have to be in order to be visible. That is how they came up with the height.The Ford sign is the second most recognized sign in the world.The sign will tell people passing by that a Ford franchise is here and they do not put anything but the newest and finest facilities anywhere.They know it will be a place to buy new or used vehicles,parts or get service.He hates to put the council through this task,but he is just reminding them of where they were.If he had known this would be a problem three years ago,they would not have put the city through this.This is a big investment.The city and the Earnhardts are in partnership.They have been averaging 4.5 vehicles per day since they opened on January 2.At this point neither is going to get their investment back. They are not a destination area without that sign.It needs to be worked out. He has had people tell him he should call the mayor and council and ask them to vote for this.He has never called anyone and he would never do that.He does not live here.He commented he was told they would have the 80'signs, and at the end now they cannot. Mayor Coleman commented the development agreement does say the signs could not exceed 80'.At the August 1999 meeting,the intent was to see if it could be softened a bit.Vice Mayor Surra had asked if you were hard and fast on an 80'sign,and your son Hal stated he was not sure but i t needed to be made a synergy point.A lot of marketing needs to be done eastbound and westbound and i t is speculative.Due to a depression in the ground,i t appeared an 80'sign would be needed to get a view from both directions, .especially westbound.They would need to be able to advertise themselves to make i t a destination point at this time.Hal had commented they believed they .needed that,but if it needed to be less,they would hope to make i t up another way.Mayor Coleman had commented the original agreement stated the signs would be no less than 80'.He had asked if it could be a maximum of 80'and work with city staff to do a study to see. if they could come up with what they needed,but not .go beyond that.That was the city's intent all along He was concerned about how it would look from both directions.Hal had stated they would do that,they were just estimating and he was willing to have the agreement state not to exceed 80';i f i t needed to be less,they would work with staff.The mayor stated he understood where the council was coming from on that and they did not mean to mislead him. They are excited'to have the Earnhardts here.The original agreement called for two signs of 80'. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 13 OF 24 Mr.Tex Earnhardt stated he has now agreed to one 80'sign of only 250 square feet display face.He does not know how they backed them off to that.He commented he did not read everything on this project,he just remembers what he wants to remember.He went with the recommendation of the sign company after doing tests and that is the only number they have ever had.He does not have any neighbors and he cannot believe people would worry about where the sign is.They will have a sign stating they have a Ford franchise here and that is a credit to the community.It will be easier for them to bring a second and third franchise to a successful location than it will be to convince a manufacturer to give them a franchise to save an isolated location with inadequate visibility and poor customer traffic.They want to build a center;they can see the first one.I t is more expensive and bigger than anything in the city,or any dealerships in Superstition Springs.He is fighting for what he asked for. They have brought the first franchise into the city and the local and national economy make i t hard enough to break into a virgin market.They need to remove any roadblocks that they cannot control.He could have brought his attorney but he did not want to get that type of dialogue going.He knows what he is supposed to have and everyone wants to be successful.He cannot be successful without that sign.He is concerned about what other franchises may think of this area out here because of this.They need the major sign.They went through the same thing with Chandler;their sign is 85'tall and was against their rules,but they passed it.They would not have built there i f they could not get their sign. -Mayor Coleman asked what their tallest sign is. Mr-.Tex Earnhardt stated the Chandler sign is their tallest sign. Mayor Coleman stated they do value the view of the Superstitions.However,he is.not sure that this will impair the view.The residents in the area do have some concerns and the council will listen to them. Mr.Tex Earnhardt agreed and asked for the council's indulgence on his request. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 14 OF 24 Mayor Coleman opened the public hearing on the item. Mr.Zel Gernhart,3700 S.Tomahawk #19,Apache Junction,addressed the council.He believes there are some people living near the facility who will believe the sign will block the Superstitions.However,the council had approved an 80'sign earlier and the council should live with it. Mr.Nathan Mason,1885 E.39th Avenue,Apache Junction,addressed the council.He believes 80'is too high for that area.He would prefer a smaller sign.Other residents in his area feel the same way. Mr.Scott Bolmer,1761 E.38th Avenue,Apache Junction,addressed the council.He commented he drives 40 miles to work daily along the freeway and he does not see any signs nearly that big.He would agree with option two.When driving on the freeway,he can see that little balloon from three miles away;i t is extremely high.He suggested putting up a flagpole instead as Berge Ford has done.He commented Mr.Earnhardt does not live in Apache Junction,he does and he wants it to stay beautiful.He also suggested moving the sign farther back on one of their parcels so it will not be obstructed by the freeway. Ms.Nancy Dobson,993 W.15th Avenue,Apache Junction,addressed the council.She is in favor of the 80' sign for Mr.Earnhardt.The council just approved a 67'steeple for a church, and that is 7'more than the commission approved for Earnhardt's last week. The church is in the middle of the city by her house.She does not believe everyone from the commission drove by that property.She suggested everyone drive on the freeway and visualize what that sign will look like,park,view and take in the whole scenario in order to make an educationed decision.I t also makes good business sense as Mr.Earnhardt could tell everyone not to go to Apache Junction since they did not do right by him in not giving him the 80'sign.She wants more business and tax revenue here;change is coming whether the people want it or not.We need to keep the money coming here and there could not be a better advertisement than Mr.Earnhardt's good word to other companies.He will probably have other business associates asking about the area.He was told he was entitled to an 80'sign,and she believes he should have it. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 15 OF 24 Mr.Haig Kachian,1841 E.Tepee Street,Apache Junction,addressed the council.He commented this town is about its views and the Superstition Mountains,in addition to the Gold- fields,the quaintness and its rural atmosphere.He is proud to see his town and the mountains when he comes home on the freeway;he does not want to see an 80'carnival sign.He recently put in an application for lights for his riding arena but was denied because of their height and the dark sky ordinance.He asked if that issue had been addressed here.He urged the council to say no.He commented the Earnhardts do not have the Superstition Mountains behind their other 80'signs,nor their beauty,nor do they live here. Mr.George Diehl,653 S.Palo Verde Drive,Apache Junction,addressed the council.He commented the city needs to have some place for people to work if we are going to keep our kids off drugs and keep crime down.We have enough fast food restaurants,we need businesses in here that will also help pay the taxes.He urged them to approve the 80' sign if that is what the dealership needs to be here. Mr.Elliott Fisher,547 E.Quail, Apache Junction,Greater Apache Junction Association for Effective Government, addressed the council.He is for Earnhardt's but he believes an 80'sign is too high.He will refer i t if it is passed.He will do another referendum and it will be an easy one.He estimated it would be in court for 3 or 4 years and then they could have their sign up.The problem of signs needs to be resolved;he urged putting this to a vote.He commented 35,000 people have been laid off by Ford and they are dropping models;he is concerned about the jobs.He commented the sign would be destructive construction of the environment.He stated there must be a compromise,and i t should be below 60'.He can see the dealership from a couple miles away going westbound.He questioned the height of the building as the facades artificially increase the height.He urged the sign be put to a referendum vote and let the issue be resolved.He suggested if they approve the 60'sign,Mr.Earnhardt should pay an environmental impact fee to the city.The money could go into a bus system for those unable to afford to buy a new Ford. Mr.John Insalaco,1570 S.Buena Vista,Apache Junction,addressed the council.He is a businessman and has been here for fifteen years.If the city does not get a business in here that will bring in sales tax dollars,who would be paying for the facilities, REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 16 OF 24 police protection and all the services the residents need.The growth is here and more is coming.He does not like signs,but i t is a necessary evil.He was promised an 80'sign;he was up there when this was passed.This could give Apache Junction the reputation of welcoming businesses out here and then sticking it to them.That is what will happen if they do not get this sign. Mr.Clyde Allison,1943 S.Apache, Apache Junction,addressed the council.He was born and raised in Superior and at that time Apache Junction was a town you went through to get to Mesa. There was nothing worth stopping for.The growth is an evil;i t is necessary and we have to have it.The people who moved here last are the ones who want it to stop.He is excited about Earnhardt's coming in.The property value will go up and the run down areas will probably sell and turn into businesses or tract homes.He urged giving them the 80'sign if it was promised. Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Councilmember Urich commented she had a citizen call and state that the more cars Earnhardt sells,the less chance we have for a city property tax,and urged the council to approve the 80'sign. City Clerk Kathleen Connelly clarified that the council does not possess the authority to refer this particular item.There are very severe limitations on what the council can place on the ballot and this is not one of them. Mayor Coleman commented it would be very easy to have everyone vote on every sign that is requested and on every expenditure but that is not the form of government we have.There are town hall meetings back east where that is done,but that is not the form we have. We do not have a city charter,we operate under general law which allows us certain rights and privileges and also restricts certain things they can do. He hoped Mr.Earnhardt does not believe that the council intentionally misled him as that was not their intention.In reading the development agreement,he knows where he is coming from.The mountains mean a lot to him,but looking at the property,the housing developments are on the other side of Tomahawk. He does not believe the mountain view will be impaired.He has reservations REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 17 OF 24 about the height,but he does not believe it will have any more impact than the telephone poles that run along the top of the freeway,though the sign is bigger at the top than a light fixture. Councilmember Eck commented he agreed with the commission coming up with a 60'compromise.He believes that is more appropriate.However,they should have addressed the development agreement more as i t is cut and dry.He interprets that as their being allowed an 80'sign.He appreciated that Mr.Earnhardt did not call the council and try to lobby them.He now has more awareness of future development agreements because of this.He is concerned about the precedent that is being set as everyone in the area may want an 80'sign,but they will be handled individually.He does not see how they can grant anything less than 80'due to the agreement. Vice Mayor Surra stated she has not supported tall signs in the past.She knew that they had been allowed to request a maximum of 80'for their sign as long as they went through the process,andAhey have gone through the process.He has complied .with everything.Anyone who builds anything in _a 25'hole will have to come to council to ask for something higher so that their sign can be viewed appropriately.She looked at the computerized pictures and she thought the 60'sign hacLa greater impact on the mountains.The 80'sign is higher in the clouds and loses itself:there.The regular green freeway signs are far less pleasing to the eye than this Ford sign.She believes the advertisements for this building will be a very gorgeous commercial.The building will help set :standards for others to follow.She does not believe an 80'sign in this case will detract from the site,the mountain or from this building.She believes ,3 60'would get in the way.She would like to stay with what was in the original agreement. Mayor Coleman stated the.city was incorporated in 1978 and the freeway came through in 1991.There were no problems -withithings going alongAhe freeway and its corridor because it did not exist -.He commented they may need to look at shoring up things that go_ along that corridor. Vice Mayor 'Surra asked if they would have to make sure that any motion updates the language as the current language REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 18 OF 24 is from the planning and zoning commission.It needs to include the sign height. There was general discussion by the council as to the language that needed to be changed. Mayor Coleman closed the discussion and called for a motion. Vice Mayor Surra MOVED THAT RESOLUTION NO.01-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APRPOVING A CONDITIONAL USE PERMIT,CASE NO.CUP- 7 -01,TO PERMIT A DETACHED SIGN EXCEEDING THE ALLOWABLE HEIGHT AND SIGN FACE AREA ON COMMERCIAL ZONED PROPERTY LOCATED AT 3400 SOUTH TOMAHAWK ROAD,BE APPROVED WITH CHANGES LISTED ON PAGE THREE OF FOUR UNDER THE SIX ADDITIONS, NUMBER ONE,STATING 80'SIGN SHOULD BE ALLOWED AND,UNDER THE LAST PARAGRAPH, STARTING WITH "NOW THEREFORE BE IT RESOLVED THAT",THAT THE SIGN HEIGHT AGAIN REFLECT THE 80'CHANGE,BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous,. The motion carried. Mayor Coleman called for a five -minute break. Mayor Coleman reconvened the meeting.He commented they needed to go back to Item #14 for some clarification. Vice Mayor.Surra clarified the wording of thelorevious motion.She MOVED THAT RESOLUTION NO.01-23,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE.JUNCTION, ARIZONA,APPROVING A CONDITIONAL USE PERMIT,FOR CASE NO.CUP -7-01,TO PERMIT A DETACHED SIGN EXCEEDING THE ALLOWABLE HEIGHT AND SIGN FACE AREA ON COMMERCIAL ZONED PROPERTY LOCATED AT 3400: SOUTH TOMAHAWK ROAD,BE APPROVED WITH THE SIX STIPULATIONS THAT WERE RECOMMENDED FROMiTHE P & TMEETING,EXCEPT FOR NUMBER ONE,IT SHOULD BE AN 80'SIGN,INSTEAD OF A 60':AND THAT THE 80' REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 19 OF 24 SIGN BE REFLECTED IN THE LAST PARAGRAPH "NOW THEREFORE BE IT RESOLVED THAT EARNHARDT PROPERTIES BE GRANTED AN 80'HIGH,MEASURED FROM GROUND,250 SQUARE FOOT DETACHED SIGN ON THE PROPERTY LOCATED AT 3400 SOUTH TOMAHAWK ROAD WITH THE TWO REASONS WHY,ONE AND TWO BEING THE FREEWAY SIGN TALLER"ET CETERA,ET CETERA.She asked if that was clearer for them to be able to write i t up properly. There was council discussion on the changes. City Attorney Joel Stern stated essentially all six conditions that the planning and zoning commission did will be conditions of this conditional use permit,except for number one.The old number one stated a 60'sign,that will be replaced with an 80'sign.In the "Now Therefore"section,i t shall say 80'instead of 60'.The same two reasons will apply. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS UPDATE ON CAPITAL FACILITIES PLAN PROJECTS) )Parks Superintendent Nick Blake briefed the council on the item.The practice football field is about finished with the irrigation going in.The tennis courts are completed other than the surface material itself.The grading of the flood control channel has been 99%completed.The parking lot is completed other than the paving to be done in the next couple of weeks.The picnic ramadas get delivered tomorrow.The skate park is complete;the last concrete pour was done yesterday.They are trying to put up better fencing at this time as the kids are having to be run off the skate park.The floor of the pool is about ready to be poured now.The floor slabs and foundations for the support buildings should be done and the walls should be going up shortly.The utility lines are being installed,plus the sewer line.The parking lot should be REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 20 OF 24 pulverized on Friday.Most of the light poles for that part of the park are up and they are about a week away from having power. Mayor Coleman asked if they would be doing anything for the grand opening. Parks Superintendent Nick Blake stated they are working on a grand opening celebration where they will have some professional skaters there to demonstrate skills and safety equipment. The pool is on schedule.The skate park has been delayed due to the weather and change orders.They are looking at opening around the first of February. Councilmember Eck asked if there would be an additional phone by the skate park. Parks Superintendent Nick Blake showed them on the diagram where an additional pay phone would be installed. Councilmember Eck commented he wanted to be sure there would be an accessible phone in the area for emergencies. Mayor Coleman closed the discussion and moved on to the next item. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF ON ANY OF THE ABOVE LISTED AGENDA ITEMS None. COUNCIL DIRECTION TO STAFF ON OTHER PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES,TIMES,LOCATIONS,AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 21 OF 24 Councilmember Dietz MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,FEBRUARY 4,2002,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 5,2002, IN THE CITY CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Mayor Coleman stated that Vice Mayor Surra and Councilmembers Durbala and Milkey went to Luke Air Force Base and were given a presentation on the mission of the air force base.They were able to try the flight simulator. Mayor Coleman announced this weekend would be the inaugural Lost Dutchman Marathon,beginning on Peralta Trail and ending at Prospector Park.He will not be able to participate due to an injury.His daughter will run in it.In addition to the marathon,there is a half marathon,an 8 kilometer trail run, a ten kilometer and a two mile fun run.An expo will be held at Superstition Falls on Friday and Saturday.People are coming in from all over the country and world.The response has been tremendous for a first year event. ADJOURNMENT )Mayor Coleman adjourned the meeting at 9:38 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 18,2001. REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 22 OF 24 3.Recognition of Outstanding Service to the Community by City Employees. Employee receiving recognition is:Parks and Recreation Department; Richard Virgil;and Pam Loul. 4.Consideration of Resolution No.01-24,Authorizing submission of an application for a grant to the Arizona Department of Commerce for participation in the FY 2002 Growing Smarter Planning Grant Program. 5.Appointment of Dan Austin to fill current vacancy on Superstition Mountain Community Facilities District Board of Directors. 6.Appointment of qualified applicant to the Library Board. 7.Consideration of award of bid for intersection design project for the purpose of constructing handicapped ramps to Kirkham Michael Consulting Engineers in an amount of $10.818 plus 10%,or $1,081.80,for unforeseen changes,not to exceed $11,899.80.(These ramps will be located at Thunderbird Drive at 4" & 5" Avenues;midpoint along Thunderbird Drive; Warner Drive at 3' & 4th Avenues;Cardinal Drive at 3rd,4th and 5" Avenues; and midpoint along Cardinal Drive.) 8.Consideration of award of bid for Project PW 2001-34 to adjust manholes and valves on Broadway Avenue from Meridian Drive to Idaho Road to Specialty Contractors of Arizona,Inc.in the amount of $19,985 plus 10%,or '$1,998.50,for unforeseen changes,not to exceed $21,983:50,. 9.Approval of Intergovernmental Agreement with the State of Arizona for design and construction of improvements to Weekes Wash culverts using Highway User Revenue Funds (HURF),which are being funded through the Central Arizona Association of Governments.These funds are to be disbursed over 'a two-year period;and the City is provided in -kind engineering services to meet the 20% matching funds requirement. 10.Acknowledge Receipt of Comprehensive Annual Financial Report for the City of Apache Junction for fiscal year ended June 30,2001. ACCEPTED THIS 5TH DAY OF FFRRHARY ,2002,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 5TH REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 23 OF 24 DAY OF FEBRUARY ,2002. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS COLVMAN Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 15th day of January,2002.I further certify that the meeting was. duly called and held and that a quorum was present. Dated this 18th day of January,2002. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 15,2002 PAGE 24 OF 24