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HomeMy WebLinkAbout2000-12-19 City Council Regular MinutesCITY COUNCIL REGULAR MEETING DECEMBER 19,2000 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on December 19,2000,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 Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Surra Councilmember Dietz Councilmember Durbala Councilmember Insalaco Councilmember Urich Staff Present: (Councilmember Eck was absent.) City Manager Curtis Shook Assistant City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Robert Warner City Engineer Ron Grittman Finance Director Keith Lewis Development Services Director Glen Van Nimwegen REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 1 OF 35 Others Present: Library Director Pam Loui Associate Planner Rudy Esquivias Community Relations Manager Pat Brenner Assistant Planner Juli McDaid Management Assistant Shari Watson Economic Development Specialist Kerry Lyman ACCEPTANCE OF CONSENT AGENDA )Councilmember Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:PARK ATTENDANT BILL LANT,PARK ATTENDANT MATT KING,AND PARK ATTENDANT AARON MCDONALD FOR THEIR ASSISTANCE WITH THE RECREATION DEPARTMENT'S SLUMBER PARTY AND HALLOWEEN CARNIVAL;ASSISTANT PLANNER JULI MCDAID FOR HER WORK IN CONNCECTION WITH THE TONY VEHON LAND SPLIT;AND RECREATION COORDINATOR LIZ LANGENBACH,RECREATION COORDINATOR JAMIE ZACHER,AND THE RECREATION CREW FOR THEIR ASSISTANCE AT THE TURKEY DAY ACTIVITIES AT THUNDER MOUNTAIN MIDDLE SCHOOL;AND THAT THE INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION FOR VOTER REGISTRATION AND ELECTION SERVICES FOR THE 2001 CITY ELECTIONS BE APPROVED AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council regarding using school facilities to hold council meetings.The current REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 2 OF 35 council chambers could then be dedicated for court use only.Larger school facilities would alleviate overcrowding that has occurred at previous council meetings. Mr.Kurt Decke,548 S.Prospector,Apache Junction,addressed the council regarding home rule option.He and his family have lived in the area since 1980 and they have watched the city grow.He believes a lot of the growth is due to home rule,including the growth in the library and the recreational programs.He commented on the lunch time program sponsored by the parks and recreation department over at Desert Shadows Elementary School.He believes that these changes have occurred more rapidly due to the city having the ability to say where its tax dollars go,and he urged everyone to vote yes on home rule option. CITY MANAGER'S REPORT City Manager Curtis Shook introduced Management Assistant Shari Watson to the audience.He announced that Assistant City Manager George Hoffman had completed and received his diploma for the Certified Public Manager Program. Steve Francis from the police department has also completed the program. There are currently three other department heads going through the program. PUBLIC HEARINGS SECOND REQUIRED PUBLIC HEARING ON THE CONTINUATION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION ) )City Clerk Kathleen Connelly briefed the council on the item.Two public hearings must be held on this item;the first was held December 5,2000.State law requires that immediately upon the conclusion of the second public hearing a special meeting must be called to vote upon the proposition.Staff has additional information on the item. Community Relations Manager Pat Brenner spoke on the item.Home rule allows the city council to make budget decisions for the city at home rather than using a state -imposed expenditure limitation.He gave a brief history on its establishment.The city had no library nor parks and recreation budget at its inception,and there would be no funding included for those services under the state -imposed expenditure REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 3 OF 35 limitation.Passage of the home rule option will allow the city to spend the general fund monies already received for programs and services the citizens have requested.Failure of the home rule option would necessitate a cut of one-third of the general fund budget over a four-year period.He gave an accounting of the unavailable monies for each budget year. Councilmember Dietz asked if the city would lose $29.6 million over the four year period. Community Relations Manager Pat Brenner stated that would be the cumulative effect after four years. Mayor Coleman commented the money would not be lost,it just could not be spent.Mayor Coleman opened the public hearing on the item. Ms.Eva Grace Johnson,2136 S. Mariposa,Apache Junction,addressed the council.She represented the senior center.They feel that if home rule is approved,the city would be able to continue to support the activities at the senior center,such as home delivered meals and outreach services for the homebound.Failure of home rule would drastically cut or even eliminate many of the services that are relied upon.They believe the spending of city revenues needs to be under city control.The city is growing and needs additional services for all residents. She urged everyone to vote to renew home rule. Ms.Evelyne Chaffey,603 E.Hondo Avenue,Apache Junction,addressed the council.She commented those people who have lived in communities that have not been able to control their monies have suffered in the long run.She believes home rule is a good thing.She is a volunteer at the library and she would like to see these services continued and expanded.She would not like to see any cuts in the police department.She urged everyone to vote for home rule. Ms.Linda Overacker,3355 S.Cortez, #97,Apache Junction,addressed the council.She is the president of the Friends of the Library.She would like to see home rule renewed.She would not like to see children turned away from the library because there are no books for them,or other people if there are no computers or Internet services for them.The people have the choice of where their money should go and they REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 4 OF 35 should determine where i t should be spent.Home rule insures spending the money in our community.She urged everyone to support home rule. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.Arizona citizens have a constitutional clause that prevents an increase in the level of per capita spending without a vote.He believes the spending limit of the proposition limiting the spending to revenues collected makes a mockery of this protection.I t does nothing to protect the citizens from runaway spending. The loss of control is heightened by the council's recent action to raise the sales tax without a public vote in a manner to prohibit a referendum.He suggested changing the base limit.He had asked that erroneous statements made at a previous meeting be corrected and that has not been done.According to his contacts at the auditor general's office,the League of Arizona Cities and his understanding of the constitution and statutes,more than one expenditure limit may be placed on the ballot.There is no ballot format requirement that prevents this.He commented the cost of the city complex plus the extra sales taxes already collected almost equals the amount of borrowing envisioned to be supported by the sales tax increase.He suggested they put the language in the packet as one proposition and language disallowing funds for the building of the city complex,and possibly rescinding the recent sales tax increase,in another proposition,and let the people vote.The services people need will not be affected under either proposition.I t is not possible to rescind the sales tax increase in this measure,but it would be reasonable to conclude that if the council is prohibited from spending the money collected by the tax,it will stop collecting it.He urged them to give the voters two propositions to vote upon. Mr.Richie Stoddard,107 W.16th Avenue,Apache Junction,addressed the council.He represented the Apache Junction Little League.He commented the ability of a child to pay for Little League is not included in their charter.About one third of their 600 kids cannot pay that fee.Local business support pays for these kids.The city used to be called "Tin City"in the past because of the history of the city. Lately,the city now has the reputation of having the finest fields in the district,hosting championship tournaments.The work that Parks and Recreation does to support the Little League is impressive.He commented the ability for them to offer their program would be severely hurt if it were not for home rule.The Little League supports home rule. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 5 OF 35 Mayor Coleman closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Vice Mayor Surra asked if the city has the authority to adjust the base limit set by the state. Assistant City Manager George Hoffman stated the adjustment of the base limit may be something the city can look at after considerable study and discussion.I t could be an option in several years offered by staff.However,i t needs to be carefully thought out and communicated with the public. Vice Mayor Surra stated that would require a study involving a certain amount of time before i t can be offered as an alternative. Assistant City Manager George Hoffman stated that is correct.Staff believes it deserves some study. Vice Mayor Surra asked what the law allows for the language in the proposition. City Attorney Joel Stern stated the language seen in the packet has been approved by the auditor general.The League of Arizona Cities and Towns is paid by the municipalities in the state to write the language to be approved by the auditor general.To change the language could result in the ballot language being rejected by the state.The council may place more than one item on the ballot if they wish.Mr.Schuelke requested having a question placed on the ballot concerning the capital facilities plan which would allow having the voters decide how much money can be spent on that.He believes that would be an illegal advisory opinion being sought from the voters.This was brought up over a year ago when the council first looked at the capital facilities plan and the sales tax increase.In his opinion,there should be only one question on the ballot and the two should not be mixed.The city could be risking problems with the auditor general and the voters may be confused on what is being passed. Mayor Coleman closed the item and called for a motion to convene a special meeting at this time. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 6 OF 35 Vice Mayor Surra MOVED THAT WE CONVENE IN A SPECIAL MEETING IMMEDIATELY TO BREAK FOR THAT MEETING WITH NO RECESS OF ANY LENGTH. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SPECIAL MEETING PROPOSED RESOLUTION NO.00-40;PROPOSING AN EXTENSION OF THE LOCAL ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION ) )City Clerk Kathleen Connelly briefed the council on the item.The resolution will provide her with instructions to place this particular item on the March 13,2001 primary election ballot. Mayor Coleman opened the item to council discussion. Vice Mayor Surra commented the council can only vote to place this on a ballot;the people must vote in order to establish the local alternative expenditure limitation.That would allow the city to spend what it takes in and no more. Councilmember Urich commented there are two typographical errors in the resolution. City Clerk Kathleen Connelly stated the corrections have already been done on the original. Mayor Coleman closed the discussion with no further comments and called for a motion. Councilmember Dietz MOVED THAT RESOLUTION NO.00-40,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 7 OF 35 OF APACHE JUNCTION,ARIZONA,PROPOSING AN EXTENSION OF THE ALTERNATIVE EXPENDITURE LIMITATION -HOME RULE OPTION,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman adjourned the special meeting and reconvened the regular meeting. PZ-00-14,REQUEST BY LOVEN CONTRACTING ON BEHALF OF SONIC DRIVE-IN FOR A WAIVER OF THE MASONRY WALL REQUIREMENT ALLOWED UNDER THE APACHE JUNCTION CITY CODE,VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6-1,LANDSCAPING AND SCREENING REQUIREMENTS,(ORDINANCE NO.940 AND AMENDMENTS THERETO) )Assistant Planner Juli McDald briefed the council on the item.A 6'wall is required under the current code along interior property lines to separate individual development sites.An 8' wall is required along the south side as the property abuts residential land there.The appellant is requesting a waiver to install additional landscaping instead of a wall on the east property line,and to eliminate the walls along the remaining perimeters due to the existence of a natural wash.They also will change the exterior of the Sonic Drive-in to a southwestern style by adding and painting stucco pop -outs and varying the parapet height.The wash runs inside of the east property line,extends beyond the southern property boundary and veers due west along a substantial portion of the south property line.There are engineering concerns regarding the construction of the walls due to the location of the drainage ditch.Staff is unable to see any reason for the waiver of the wall requirement on the east and south boundary lines. The west wall seems appropriate due to the charter school going in on that side. Mayor Coleman requested the applicant address the council. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 8 OF 35 Mr.Mike Loven,1100 Pinnacle, Flagstaff,addressed the council.He gave the council an aerial photo showing the existing drainage at the site.They do not believe the wall requirement is applicable due to the existing wash area.An imposed structure would create a detrimental view across the south and east property lines.They are concerned about the security on the high school boundary line with a wall constructed there.It would create a narrow,hidden space between the two buildings.He gave examples of the site with a wall and the site with additional landscaping.They are willing to modify the existing building and augment the existing vegetation in exchange for the waiver.This would be more in keeping with the natural setting than a manmade structure. Mayor Coleman opened the council discussion. Councilmember Insalaco asked if they were asking for a waiver of the wall on the south side. Mr.Mike Loven stated they are because is i t adjacent to the existing wash.The vegetation and the width of the wash is sufficient. Vice Mayor Surra asked if they had asked the high school how they would feel about not having a wall between the two properties. Mr.Mike Loven stated they have not. They have only discussed the project with the corps of engineers and they have no comment on the project. Vice Mayor Surra stated they have no comment because i t falls outside of their jurisdiction. Councilmember Dietz asked how far away they would be placing the additional landscaping from the school,and i f there was a road there. Mr.Mike Loven stated there is no road or dedicated easement there.They will work with city staff as to what is appropriate for the landscaping in that area.He commented it would be REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 9 OF 35 appropriate to meet with school officials to make sure they are comfortable with what is being proposed. Councilmember Dietz asked how far the school building is from the property line. Mr.Mike Loven stated i t is about 12'to 15'from the property line. Councilmember Dietz asked if there would be anything in that area. Mr.Russ Ruggles,1100 Pinnacle, Flagstaff,stated the school has already landscaped that area. Councilmember Insalaco stated the doors at the back of the school are only used for fire exits.There is no foot traffic on that side. Mr.Mike Loven stated they would be sensitive to the issue of the doors being fire exits. Councilmember Dietz asked if they would have a problem with doubling the landscaping requirements. Mr.Mike Loven stated they would not.They believe a natural buffer would be the best buffer for the site. the plants would be when they put them in. have to meet the intent of the code. go beyond the code. Vice Mayor Surra asked how mature Mr.Mike Loven stated they would Vice Mayor Surra stated they could Mr.Mike Loven stated they are prepared to negotiate that this evening,but it may not be the right forum. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 10 OF 35 Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and reopened the item to council discussion. Councilmember Dietz asked what the size requirements of the box trees are in the ordinance. Assistant Planner Jull McDald stated 25%are to be 24"box trees.They will be doubling the number of plants,so they will have 50%of the trees at 24"box. Mayor Coleman closed the discussion with no more comments and called for a motion. Councilmember Insalaco MOVED THAT THE REQUEST BY LOVEN CONTRACTING ON BEHALF OF SONIC DRIVE-IN FOR A WAIVER OF THE MASONRY WALL REQUIREMENT ALLOWED UNDER THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6-1,LANDSCAPING AND SCREENING REQUIREMENTS (ORDINANCE 940 AND AMENDMENTS THERETO)FOR THE SOUTH, EAST AND WEST PROPERTY BOUNDARIES BE APPROVED. MOTION. conditions needed to be added. Councilmember Durbala SECONDED THE Mayor Coleman asked if the City Attorney Joel Stern stated i f he wants them to be part of the motion,they need to be added. Councilmember Insalaco AMENDED HIS MOTION TO ADD THE CONDITIONS OF THE APPROVAL AS HERE FOLLOWS:THE PROPERTY OWNER SHALL PROVIDE ADDITIONAL LANDSCAPING ALONG THE SUBJECT PROPERTY EAST BOUNDARY AS TWICE THE REQUIRED AMOUNT. Councilmember Urich asked if they wanted additional landscaping on the other boundaries. Councilmember Insalaco commented i t already states i t about the southeast and west property boundaries. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 11 OF 35 Councilmember Urich commented i t does not mention anything about doubling the landscaping. Councilmember Insalaco AMENDED THE MOTION TO SAY EAST,WEST AND SOUTH. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman called for a ten minute break. Mayor Coleman reconvened the meeting. CUP -00-09,APPEAL OF BLOCKBUSTER'S CUP ISSUED BY THE PLANNING AND ZONING COMMISSION ON OCTOBER 24,2000,PROPOSED RESOLUTION NO.00-39,UPHOLDING THE DECISION,PROPOSED RESOLUTION NO.00-41, OVERRULING THE DECISION,AND PROPOSED RESOLUTION NO.00-42,MODIFYING THE DECISION )Assistant Planner Jull McDaid briefed the council on the item.The Planning and Zoning Commission voted to approve a second detached sign for Blockbuster at 400 S.Idaho Road.The property currently has a detached sign advertising Fry's and i t has four tenant spaces.The existing sign is part of the comprehensive sign package for the development.The sign package also includes two other signs,one on Phelps Drive and one of Apache Trail,and they were installed prior to Blockbuster being built.Mr.Rosenburg bought the parcel where Blockbuster has been constructed at a later date.He has had discussions with Fry's and the city on the sign package.As they are part of the overall Fry's development,the city typically does not get into discussions on how the signs will be handled.The existing Fry's sign is located on the Blockbuster parcel:exceptions to particular code requirements should only be granted i f REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 12 OF 35 there are circumstances warranting the exception and the criteria is included in the land development code.Staff believes the granting of the conditional use permit for the proposed ground sign was unnecessary due to the high visibility of the existing building signage.She then gave examples of the current signage and the proposed signage.Staff does not believe the placement of an additional ground sign will provide an adequate level of increased visibility to justify the precedent being set.There is a variety of existing media that will market the subject property.The proposed sign would only serve the traffic going northbound on Idaho. Mayor Coleman commented this sign is 40'south of the Fry's building and it would be close to the mobile home park. The height would be 6'. Assistant Planner Juli McDaid stated that is correct.The Fry's sign is 12'. City Attorney Joel Stern commented they have three resolutions;the first one upholds the decision,the second one overrules the decision,and the third one allows the decision to be modified. Mayor Coleman commented the height appears to be the same,but they want more square footage on the sign. Councilmember Dietz asked exactly where they want to place the sign. Assistant Planner Juli McDaid stated they want to place i t south of the Fry's sign by about 4'.It would be just north of their south property line. Councilmember Dietz asked if it would interfere with traffic leaving Fry's. Assistant Planner Juli McDaid stated it would not.If is approved,they would be required to locate it where i t would not be a visibility problem. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 13 OF 35 Mayor Coleman asked i f it would create a problem in seeing the current Fry's sign. Assistant Planner Juli McDaid stated i t should not affect the Fry's sign,as i t is half the height.However,she is unsure how it would affect the tenant signage underneath the Fry's sign. Councilmember Durbala commented the sign on the side of the building appears to be pretty prevalent.If this sign is approved,the next store coming in will also want a sign and there would eventually be numerous signs down the road.He does not want the additional signage. Assistant Planner Juli McDaid stated she is concerned with a precedent being set.The existing sign can be seen as there is no development across the street. Councilmember Durbala commented he does not see how the smaller sign will be seen because of the landscaping. Assistant Planner Juli McDaid commented their existing signage is adequate. Vice Mayor Surra asked i f Blockbuster is not considered a tenant to be included on the tenant part of the Fry's sign. Assistant Planner Juli McDaid stated she does not know what the agreement says.The representative should be able to answer that question,but they are apparently unable to reach an agreement on that signage. Vice Mayor Surra stated she has been to Fry's since Blockbuster has opened,and i t seems that everybody has found them.She does not think they need another sign with the number of people she sees going in there. Councilmember Urich commented she approached the building from all different angles last night and the signs on the building were very clear.She added she went by a Blockbuster in Gilbert REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 14 OF 35 also in a shopping center and they do not have an individual,detached sign. She does not believe they could have anything more clear then their sign that is attached to the building. Assistant Planner Juli McDaid agreed that the attached signage is real effective. Mayor Coleman requested the applicant address the council. Mr.Rory Kelly,representing the owner,Eric Rosenberg,addressed the council.He was asking for fairness.He does not believe staff had proper foresight in the placement of the Fry's sign.Mr.Rosenberg is not a tenant of the Fry's development;he owns his parcel.On his property is a Fry's sign that was not built in accordance to what was submitted to the city.There are no electrical components or panels to handle tenants'signage.Blockbuster has asked for a tenant panel and they have been denied by Fry's.Blockbuster does not own the building;Mr. Rosenberg wants a sign for his building.If Blockbuster moves to another location later,he should be able to market his building.They would like a 20 square foot sign.If he was anywhere else in the city,the code states he would be allowed one detached sign,and he gave the dimensions they would be allowed and the additional signage they would be allowed.He has worked out this detached sign deal with his tenant.They are looking to maximize their signage.He suggested an alternative would be to make Fry's comply with the code and build i t accordingly or revoke their permit and make them move it to their property.According to the permit,the sign was not to be on his property,but that is where it was built.He feels the commission made a fair decision and that staff made an error.He commented if the Fry's sign was not there,he doubted he would have to be there as they would have been allowed one sign on the property. Mayor Coleman asked if there was any agreement between Mr.Rosenberg and Fry's to locate a sign there. Mr.Rory Kelly stated there is not. Mayor Coleman asked how that happened.If someone built a sign in his front yard,he believes he could remove it. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 15 OF 35 Associate Planner Rudy Esquivias stated they had discussions with Mr.Ron Alt who is marketing the tenant spaces for Fry's.He sent staff a letter addressed to Mr.Rosenberg advising him that he could not put his identifier on the tenants'sign while he was buying the property but he would have the option of pursuing a conditional use permit with the city.Staff believes he knew what he was buying and then he came in afterwards for the conditional use permit.The knowledge was there prior to the completion of purchase.The signs are the way they are because of the planned development approval,which was done before the property was subdivided.This resulted in the off -site sign. Vice Mayor Surra asked if Fry's has indicated they would not move the sign or is staff indicating the sign cannot be moved because of the way it was approved. Associate Planner Rudy Esquivias stated Mr.Alt said they would not move i t and that Blockbuster knew everything about it. Mr.Rory Kelly stated Blockbuster did not buy the property:Mr.Rosenberg did. City Manager Curtis Shook stated the city tried to help facilitate something.However,this is actually a problem between two property owners and i t is not one of the city's making. Mayor Coleman asked if this was staff's error. City Manager Curtis Shook stated i t is not.The signage was approved as part of the general plan for the site and the land had not been subdivided.I t is up to Fry's and whoever buys the property.The city put the two parties together but it could not facilitate a solution. Mr.Rory Kelly suggested Fry's sign be in accordance with the plans they submitted for the permit. City Manager Curtis Shook commented that is not up to the applicant to ask. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 16 OF 35 Mayor Coleman opened the public hearing on the item. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.This business has a lot of repeat users and the signs for this business are not that important other than for the first time someone visits.A detached sign at the requested location may also confuse a first time visitor into believing that is the entrance to Blockbuster instead of the Fry's shopping center.The letters on the north side are more visible from a distance than a small sign.He suggested he may want to repeat that sign on the south side of the building and he would get much more visibility with the corporate colors at a distance. Mr.Rory Kelly stated they did not put signage on the south elevation due to the neighbors on that side.They did not want anything that high up exposed to the travel trailer park. Vice Mayor Surra stated Rock Shadows has its -own big sign on the south side of the Blockbuster building.I t has two big lights that hit i t at night.She does not believe the Blockbuster sign could be any more offensive than what is already there.She agreed a sign on the south side would be a good idea. Mayor Coleman closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Durbala asked if the planning decision would remain as is if this should end up a tie vote on the council. City Attorney Joel Stern stated that is correct.It would take a 4-2 vote to overrule or modify. Mayor Coleman closed the discussion and called for a motion. Councilmember Durbala MOVED THAT RESOLUTION NO.00-41,A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,OVERRULING THE PLANNING AND ZONING COMMISSION'S REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 17 OF 35 DECISION GRANTING A CONDITIONAL USE PERMIT IN CASE NO.CUP -00-09,ALLOWING A SECOND DETACHED SIGN ON A COMMERCIAL PROPERTY (C-3/PD)ZONE,LOCATED AT 400 SOUTH IDAHO ROAD,APACHE JUNCTION,ARIZONA,BE APPROVED. Councilmember Insalaco SECONDED THE MOTION. City Attorney Joel Stern commented there should be specific findings attached to the motion. Councilmember Durbala commented he thinks it will actually create problems for the community as a whole and he does not like a detached sign there. Vice Mayor Surra AMENDED THAT SHE WOULD FIND THAT THE SIGNAGE,AS AGREED UPON DURING THE PLANNED DEVELOPMENT,IS ADEQUATE AND THE SIGNAGE THAT APPEARS CURRENTLY ON THAT BUILDING IS ALSO ADEQUATE. City Attorney Joel Stern stated that would be an amendment with the findings. Councilmember Urich SECONDED THE AMENDMENT. VOTE:Unanimous. The amendment carried. VOTE:Unanimous. The motion carried. PROPOSED ORDINANCE NO.1146/PLANNED DEVELOPMENT PLAN APPROVAL REQUEST BY SFII, LLC,FOR A HOSPITAL DEVELOPMENT AT SUPERSTITION FALLS )Associate:Planner Rudy Esquivias briefed the council on the item.This is for the Apache Junction Medical Center.They are asking for a three story main hospital unit,a three story REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 18 OF 35 medical office building,a one story lobby with a pedestrian overpass,and a one story emergency unit.Staff parking will be at the northeast corner and public parking will be to the south and west of the main building. Surrounding residents have talked to staff and attended commission meetings, with the majority of them being in favor of the proposal.They are concerned about the helicopter pad,increased congestion and some flight path issues. The general plan calls for commercial/employment retail opportunity for this location.The housing in the area is medium to high density.The Planning and Zoning Commission acknowledged the residents concerns,but felt that a hospital was greatly needed in the area and recommended i t for approval along with conditions.This is not a level one trauma center so i t should not create that big of an impact on the neighborhood.The applicant held a meeting at Superstition Falls clubhouse with neighborhood involvement. Council had been concerned with the entrance drive.Condition number three addressed the road issue and staff has suggested some options for council regarding the entrance drive. Councilmember Durbala asked if he had a copy of those options and if they could be passed out to the council. Associate Planner Rudy Esquivias passed out the options.The suggestions were given to the applicant this evening.The first suggestion is for if the road remains a private road,then easements must be recorded for public vehicular and pedestrian use and utilities with a commitment for maintenance.The second suggestion is to accept the entrance drive as a private road,but the applicant must dedicate and construct an additional 20'of right-of-way.This would be basically along the north side of the hospital,and it would incorporate the area normally used for landscape frontage.The road would have to be built to city standards,requiring core sampling.I t is suggested that the roadway be four lanes;five lanes would not meet the city standards for 80'right-of-way,with i t narrowing to 2 or 3 lanes going into the mobile home park. Councilmember Durbala asked if they were to tear up the sidewalks,construct the road,reconstruct the sidewalks, and move the helipad because of the 25'distance. Associate Planner Rudy Esquivias stated the helicopter pad is not a structure so it would not have to be moved. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 19 OF 35 Councilmember Durbala asked if there are guidelines stating how far away from a road it must be. stated there are no guidelines. could be right up next to the sidewalk. Associate Planner Rudy Esquivias Councilmember Durbala asked i f i t Associate Planner Rudy Esquivias stated the code has no provisions for setbacks for helicopter pads. Councilmember Durbala stated they should use some common sense with this.The helicopter pad should not be next to the sidewalk. Associate Planner Rudy Esquivias stated there is some space in the area;the helicopter would land in the square.The architect should be able to address the issue. Councilmember Durbala commented they are only moving it to just past their service entrance. Associate Planner Rudy Esquivias stated that is correct.It will be just past the hospital site. Councilmember Durbala asked if the other side of the development would also be widened in the right-of-way. Associate Planner Rudy Esquivias stated that would remain as is. Councilmember Durbala commented he could not see their having to tear up all the sidewalks on the one side that has them already in so that the roadway can be widened when they could easily widen the roadway from the other side where no sidewalks have been constructed.He thinks the other side should be developed with the additional 25 feet. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 20 OF 35 Vice Mayor Surra asked if they could determine how the road was built if the sidewalks were taken up. City Manager Curtis Shook commented he did not know if it would be a problem moving it to the other side;the problem is trying to get an additional lane because of the multiple uses. Councilmember Durbala commented the majority of the traffic will be going in on the opposite property where all the stores will be located.The hospital should have a service entrance and an emergency entrance only.He is certain they will come back later and determine that the helipad is too close to the road or sidewalk if they take the 25'away on the hospital side.He would prefer to see the 25'taken from the shopping mall side. Mayor Coleman asked if it is the same owner. Associate Planner Rudy Esquivias stated i t is.Council had already approved the development plan on the north side. Mayor Coleman commented they are asking for i t on the south side because the north side is not asking for anything. Associate Planner Rudy Esquivias stated that is correct. Councilmember Insalaco commented the reason for the additional lane is to relieve any traffic backup there may be . for the hospital. Associate Planner Rudy Esquivias stated he believed the traffic going to the hospital in that lane will be minimal.It will be to handle the commercial and manufactured home park traffic. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 21 OF 35 Councilmember Insalaco suggested they have a deceleration lane to the end of the service entrance instead of widening the lane to the end of the property. City Engineer Ron Grittman commented staff had met to address council's concerns on the roadway being private,how i t could get into public hands,and how the city would contend with the various traffic elements.The traffic on it will be minimal,but it will primarily be making right turn movements.It could be addressed with decelaration lanes,but they require specific distances that may not be available.He recommends a four lane road with two lanes eastbound with a dedicated left turn movement and one lane heading westbound.The second lane eastbound will allow traffic to flow around the right turn traffic. Councilmember Dietz commented he said the majority of the traffic will be right turn traffic into the hospital. He recalled Rudy saying that the majority of the traffic would be coming in off of Goldfield and into the retail center and the manufactured home park. City Engineer Ron Grittman clarified that he had been talking about the majority of the hospital traffic.They are providing a lane whereby access to the hospital can be gained and access to the remainder of the uses can be unencumbered. Councilmember Insalaco asked why they could not put the lane to the end of the second entrance only.They should not have to go to the end of the property. City Engineer Ron Grittman stated that was a means to accommodate all of the commercial uses,including hotels and restaurants on the north side. Councilmember Durbala stated i t makes no sense to make the hospital property put in the additional road as all the hospital traffic will be off the road before that additional portion of road. Councilmember Insalaco commented there is another keypad entrance on Goldfield and the residents will probably use that more because they will not want to go through the gate. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 22 OF 35 City Engineer Ron Grittman commented restricted access with all hospital traffic coming off of Goldfield had been suggested.This would keep the roadway private. Councilmember Durbala commented they would not then need all of the extra roadway. City Engineer Ron Grittman stated that is the intent,but since i t is their private roadway there is no way to restrict that. City Attorney Joel Stern commented i t had been suggested at the beginning of this development that the road be made public,but the council did not wish to do that.This was before the hospital was anticipated.The city cannot demand the roadway be maintained since it will be private. Mayor Coleman asked if the council opted to go with Condition E would it then become Condition D since there would then be no Condition D.I t has to be one or the other. City Attorney Joel Stern stated that is correct. Councilmember Durbala asked if the commitment for maintenance would be legal and binding if it was passed with Condition D. City Attorney Joel Stern stated he would have to see the actual language. Councilmember Durbala asked i f i t would be binding if they stated they would do the maintenance on the road. City Attorney Joel Stern stated i t could be binding between them and the users,but not with the city. Councilmember Durbala commented i f the city and the developer made an agreement for the road to be maintained to city standards,the developer could walk away from that agreement. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 23 OF 35 City Attorney Joel Stern stated they could end up in court over it. Councilmember Durbala asked if he is required in concept if he signs a commitment to the city. City Attorney Joel Stern stated he would agree in concept but would not discuss the issue any further without going into executive session on it. There was general discussion between Councilmember Durbala and City Attorney Joel Stern whether this issue could be discussed during the meeting or during an executive session,and if an executive session could be called immediately to discuss the issue. City Attorney Joel Stern commented staff recommends that the plan not be approved unless this becomes a public roadway,and the extra roadway would be needed.He added they should want to give the city the roadway in case of automobile accidents so that they do not get sued. Mayor Coleman added there is also the maintenance factor.He closed the discussion with no more comments and requested the applicant address the council. Mr.Tim Mahoney,SFII and AJH Development Group,addressed the council.He displayed a model for viewing and gave a description of the entire project.The first phase will be two stories stepping down to the emergency room.The hospital is as far to the northeast as possible to take into consideration sight lines and distance. The building is canted to match the mountain so that only one side of the building can be seen when looking at the mountain.The lowest portion of the building is adjacent to the neighbors.They held an open house for the neighborhood on November 16 to give themselves time to address any of their concerns.They handed out over 2,500 door hangers and notes were sent to the council,staff,planning and zoning commission and the county.They had 500 people attend the meeting and a lot of their concerns were allayed.They told the residents of Superstition Falls that they would have additional landscaping and that they would design the project to minimize the effect of any additional traffic they would cause.The original road was to be a 3 -lane REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 24 OF 35 with the center lane being a left turn lane for both directions.As Goldfield will be a main arterial road,they set their main entrance to the south and put most of their parking on the south side,allowing easy ingress and egress. The emergency entrance is only for dropping off emergency patients.There will not be heavy traffic to that entrance.He described the general traffic flow and pedestrian traffic from parked cars.They believe the traffic will be less for the hospital than what was originally proposed for the area.They are asking for a three story medical office building,with the first floor being used for the administration offices of the hospital,which would allow the hospital to be only three stories.This will protect the neighbors yet provide the services needed.The helipad was a minor issue with some of the neighbors.Most realized they need a hospital but they would prefer one without a helipad.From an emergency standpoint,i t is necessary.The hospital is a full service hospital but it will not have every service.The emphasis will be cardiac and orthopedic.It will be a for profit hospital, privately owned and operated.These services will help support the hospital. The area deserves a high level medical facility. Councilmember Insalaco asked what they would like to do about the road. Mr.Tim Mahoney stated he believes the road suffices the way i t is.The traffic study that was done took everything into consideration. Councilmember Insalaco asked why they have not done a core sample of the road as of yet. Mr.Tim Mahoney stated they have not been told that the city had requested a core sample.They have been busy putting the other aspects of the hospital together.They would be willing to provide core sampling to determine whether the road meets the criteria. City Manager Curtis Shook commented the city would ask for core sampling if it is considering making i t a public road.I t is the city's understanding that the developer now wants to switch from a private road to a public road.The council has expressed some concerns over this,so staff has offered some suggestions.If the developer wishes the road to remain private,the proposal fits that. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 25 OF 35 Councilmember Insalaco asked if they wanted to keep i t a private road. Mr.Tim Mahoney commented he did not understand what he city manager had said. City Manager Curtis Shook asked i f they had requested the city take the road over as a public road. Mr.Tim Mahoney stated they had requested that at the onset of the original split for the manufactured home park and the commercial property and they were told by a planner that the city would not accept it,that she would not support it.The road was therefore put in to accommodate the design for the uses that were planned. City Manager Curtis Shook stated the plat did not show eight commercial spaces on the north section when the traffic study was done.Nor was there a hospital. Mr.Phil Entz,11201 N.23rd Avenue, addressed the council.He commented the traffic study utilitized a shopping center on the 12 acres that included a grocery store,a hardware store,30,000 sq.ft of specialty shops,30,000 sq.ft.of general office and a motel.The weekday traffic generation would be approximately 850 in the morning and 870 in the evening.It overlayed the Superstition Falls Mobile Home Park traffic and the traffic from Golden Vista,Cortez Ranch and the condominiums. Different configurations for the entry road were also submitted.This study resulted in the entrance being moved 190'to the south.The road was set for three lanes.I t is based on commercial trip generation to TIE standards.The city accepted this at the time,and the city did not want the road public. The issue has come up during the subdivision of the property and the northern development plan.I t has been suggested the northern tier be made public,but the property is now under two separate ownerships,as Phillips 66 has closed escrow on their property. Mayor Coleman asked if the city requested the road to remain private because the number of lanes involved and that it would not be built to city standards. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 26 OF 35 Mr.Phil Entz stated he understood the road was designed to city standards but it was not inspected.Core samples are needed to show it is up to standards in order for it to be dedicated.He understood the city did not want the road dedicated because of the guard station at the bulb leading into the Superstition Falls residential area.The city did not want to assume the liability there. Vice Mayor Surra commented that was because it would not have any public access way.The city should have the upkeep on a road that the public is unable to drive on. Councilmember Durbala asked who would maintain the road if it remains private. Mr.Phil Entz stated if they are stipulated to enter into a maintenance agreement between the residential and commercial portions of Superstition Falls for the landscaping on the wash,the landscaping along the roadway,all of those items,the maintenance of the roadway,if it is not dedicated,would be wrapped into the same maintenance agreement that already is in place for the landscaping and the other common items that are part of Superstition Falls. Councilmember Durbala commented i t would be the property owners and the homeowners. Mr.Phil Entz stated that is correct. Mayor Coleman opened the public hearing on the item. Mr.George Diehl, _653 S.Palo Verde, Apache Junction,addressed the council.The Veterans of Foreign Wars have been pushing to get a medical facility out here for two years.He thinks they need the facility to take care of the residents.He has had toAake members from his Post all the way to Sun City West.He is in favor of the hospital and urged the council's approval. Mr.Fritz Kuyt,2400 E.Baseline #31,Apache Junction,addressed the council.He has lived here for five REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 27 OF 35 years.There are many handicapped retirees in the mobile home park where he lives.They often need medical service,and currently they have to be driven 12 to 14 miles to the facility on Power Road,and the people are frequently in excruciating pain.The hospital will be a tremendous boost and asset to the morale and life span of the elderly retirees,here in the city and the surrounding areas.He is enthusiastic about the hospital,emergency room, helipad,gas station,hotel,restaurants and office and commercial facilities for the usefulness and convenience.He hopes the project will continue without any hesitation.He urged the council to vote in favor of the hospital. Mr.Tom Schuelke,1889 S.Palo Verde,Apache Junction,addressed the council.He asked if the right-of-way would be taken away with the additional parking needed when there is expansion.He asked if it would be possible to have the helipad on the roof of the one story emergency room;it would free up land for space problems.He asked if there would be pedestrian access for the hotel and restaurants nearby.He asked if the developer would give up some land to release him from the maintenance costs and legal liabilities of the road;and if this would make good financial sense to the developer. Mr,Robert Akin,2800 N.Central Avenue,Phoenix,the architect for the project,addressed the council.He stated helipads are either ground mounted or on top of buildings.They do not make sense if the roof structure is below three stories.They need to be high as i t is easier for the pilots to land.The fire department likes ground mounted as i t is easier for them..On top of a building,there is a lot of spill and fuel evacuation.As for parking,there is in excess of 300 spots. They are to have 1.8 spaces per bed;there are different types of beds but only recognized beds are recognized.There are 40 licensed beds here,plus 35 recovery beds,operation beds and emergency room beds that are not part of that.They did not feel the normal calculations would give them enough parking spaces.They generally use 3.5 per 1:000 gross sq:ft.to 5 spots to 1,000 sq.ft:of building.This facility will include oncology.They estimated they would need 300 parking spaces and i t should be ample.They did not want to have all parking on one side of the building.They wanted to be sure the emergency access,service access and public access do not cross in order to maintain safety.He described the public access through the entrance to different parts of the facility. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 28 OF 35 Mr.Phil Entz commented the dedication of the roadway would depend on trade-off for the improvement costs. The improvement costs are substantial with the request from staff.He described the improvements that would have to be removed and relocated creating a substantial first cost.The owners would have to carry the maintenance and liability in perpetuity.He believes it would be best to keep i t a private road at this point. Mayor Coleman asked if they anticipate turning it over to the city at some future point. Mr.Phil Entz stated they do not due to the separate ownerships of segments of the road.Each would have to give their approval;it could not be dedicated unless all of them agree.The guardhouse would have to be located along with other revisions to the cul-de- sac to meet city standards to include emergency accesses.He has suggested to staff that a public access easement be recorded across the entire road to the bulb,or lot number five. Councilmember Durbala asked if staff would find i t acceptable under proposal B,if council added at the end of easements recorded for public,vehicular,pedestrian use,and utilities with a commitment for maintenance"the words "in addition to any maintenance obligation set forth in the underlying zoning of the property". City Attorney Joel Stern stated there is an original agreement under the rezoning of 1998 that stated the maintenance would include the maintenance of the roadway,and the roadway would have to be maintained by the owner.He asked if there was a stipulation in the original agreement. stipulation in the agreement. the city had received that. the original zoning case. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 29 OF 35 Mr.Phil Entz stated there is a City Manager Curtis Shook asked i f Mr.Phil Entz stated it was part of City Manager Curtis Shook asked i f it was attached to the zoning or if it is still outstanding. i t is still outstanding. the roadway is considered a common area. Mr.Phil Entz commented he believed City Attorney Joel Stern asked i f Mr.Tim Mahoney stated i t is. Associate Planner Rudy Esquivias stated he could not find anything in Ordinance No.1042,the original rezoning,regarding maintenance of a roadway. Councilmember Durbala asked him to go back to the original zoning. Associate Planner Rudy Esquivias stated the residential does not have anything to do with the commercial property. Councilmember Durbala commented i t is the road going up to the residential property.I t is part of the original zoning on the whole property.He asked if there was an agreement in there on this. Associate Planner Rudy Esquivias stated he would have to research that. Councilmember Durbala asked if the suggested additional conditions for the entrance road/right-of-way were added would they be acceptable under Section D. City Manager Curtis Shook stated the original question is what happens if the road falls into disrepair. Councilmember Durbala stated Section D calls for if the road remains private,an easement shall be recorded for the public vehicular,pedestrian and utilities with a commitment for maintenance REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 30 OF 35 in addition to any maintenance set forth in the underlying zoning for the property.I t appears to be an automatic carryover.They would have to maintain the road. City Manager Curtis Shook stated the question is what happens if they do not keep the road in repair.The concern is i f i t should be a public road.If the council is satisfied with i t remaining a private road,the city attorney can provide language for it to remain so and be adequately maintained. Associate Planner Rudy Esquivias stated i t is not the intent of Ordinance No.1146 to overturn any previous ordinances.They would still be in full force. Councilmember Durbala commented this would just be more supportive. Chief Warner commented enforcement on a private road is non-existent.The road will have a number of commercial uses and a hospital exiting onto the road.There will be some violations and motor vehicle accidents.It will be impossible for the police department to enforce traffic codes and ordinance violations on the roadway.There may also be some civil cases in court resulting from those accidents.He urged the council to accept the part of the roadway that can be accepted,especially that adjacent to the roadway. Councilmember Durbala asked how much it would cost to move all the utility lines,the light poles,and take the dedication out. City Engineer Ron Grittman stated the utilities could stay under the pavement that run parallel.The crossings would have to be moved and the street lights.It would cost about $150,000. Councilmember Durbala commented that would be to tear up the entire road and rebuild it. City Engineer Ron Grittman stated that is correct. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 31 OF 35 Mr.Phil Entz stated his cost estimate to rip out the road,move the telephone boxes,extend the sleeves, cutting the sewer manhole to pavement level,and not including the soft costs of engineering,was $310,000.The engineering would probably be another 6.5%. Chief Warner commented he would like the council to consider making a public road whatever final configuration is agreed upon. Mayor Coleman commented they would probably not have any trouble handing a three lane road over to the city for the public once it was constructed.He closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Surra commented i t is not the council's decision to make this a public road unless all of the owners get together and petition the city to take i t over.She would not like to take over anything that does not meet the city's standards because the city would have to maintain it.If the owners would like to make all of their improvements and then improve the road to city standards,they could then bring it to the city and request that it become a public road.They do not have all of the road to give so the council should not even be talking about taking over the road.If approval hinges on the roadway,the item should be continued until better information is available. Mayor Coleman commented the part that staff was proposing is owned by them. Vice Mayor Surra commented that would mean that they do not want to go all the way.She feels that is ridiculous,as there would be jurisdictional problems. Mayor Coleman closed the discussion and called for a motion. Councilmember Insalaco MOVED THAT ORDINANCE NO.1146 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 32 OF 35 Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Insalaco MOVED THAT ORDINANCE NO.1146,AS READ BY THE CITY CLERK,BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THE CONCEPTUAL SITE PLAN ELEVATION PLANS AND OTHER PLANNED DEVELOPMENT DETAILS AS SUBMITTED IN CASE FILE PZ-13-00,SHALL BE ACCEPTED AS PRESENTED WITH THE FOLLOWING EXCEPTIONS:NO RV HOOK-UPS SHALL BE PROVIDED ON SITE;THE DEVELOPER,AT THE TIME OF THE FINAL IMPROVEMENT PLANS SUBMITTAL,SHALL PRESENT THE ATTACHED AND DETACHED SIGN ELEVATION AND SIZES, SUBJECT TO CITY COUNCIL REVIEW AND FINAL APPROVAL;THE MAXIMUM BUILDING HEIGHT SHALL BE LIMITED TO 45'FROM THE GROUND LEVEL TO THE TOP OF THE PARAPET WALL, WITH SAID WALLS TO COMPLETELY SCREEN ANY ROOF -MOUNTED EQUIPMENT;(D)IF THE MAIN ENTRY ROAD TO THE SUPERSTITION FALLS DEVELOPMENT IS TO REMAIN PRIVATE, THERE SHALL BE EASEMENT RECORDED FOR THE PUBLIC VEHICULAR AND PEDESTRIAN USE AND UTILITY WITH A COMMITMENT OF MAINTENANCE IN ADDITION TO ANY MAINTENANCE OBLIGATIONS SET FORTH IN THE UNDERLYING ZONING OF THE PROPERTY. Councilmember Durbala SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman commented the council is concerned about the traffic there,but they are happy to have the hospital in the community. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 33 OF 35 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 Councilmember Dietz announced that the January 2,2001 meeting had been canceled.He MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND WORK SESSION AT 7:00 P.M.BE HELD ON TUESDAY,JANUARY 16,2001,IN THE CITY CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Urich SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala will not be attending the January 16 council meeting due to his being out of town. ADJOURNMENT )Mayor Coleman adjourned the meeting at 10:12 p.m. Consent Agenda Items are as follows: 1.Acceptance of Agenda. 2.Acceptance of Minutes of Regular Meeting of December 5,2000. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 34 OF 35 3.Recognition of Outstanding Service to the Community by City Employees. Employees receiving recognition are:Bill [ant;Matt King;Aaron McDonald; Juli McDaid;Liz Langenbach;Jamie Zacher and Parks and Recreation crew. 4.Consideration and approval of Intergovernmental Agreement with Pinal County for Voter Registration and Election Services for the 2001 city elections. ACCEPTED THIS 16TH DAY OF JANUARY 2001,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF JANUARY ,2001. ATTEST: KATHLEEN CONNELLY City Clerk DOUGLAS CO,KEMAN 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 19th day of December,2000.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of January,2001. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 19,2000 PAGE 35 OF 35