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HomeMy WebLinkAbout1997-01-21 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JANUARY 21,1997 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on January 21,1997,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Durbala gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Hendricks led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Surra Councilmember Urich Councilmember Durbala Councilmember Hendricks (Councilmember Barker was absent.) Staff Present:City Manager Curtis Shook Asst.City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Development Services Director Larry Harmer Others Present:Planning Division Manager Jim Nakagawa ACCEPTANCE OF CONSENT AGENDA ) )Councilmember Hendricks MOVED THAT THE CONSENT AGENDA BE ACCEPTED;AND THAT WE RECOGNIZE THE OUTSTANDING SERVICE TO THE COMMUNITY BY THE FOLLOWING CITY EMPLOYEES:POLICE OFFICER HOWARD LOGSDON AND THE PARKS & RECREATION DEPARTMENT;AND THAT SHARLENE GILLETTE BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 1 OF 19 EXPIRE ON JUNE 30, 1997; AND THAT RESOLUTION NO. 97-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, PROVIDING NOTICE OF THE REGULAR PRIMARY ELECTION; ESTABLISHING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; AND APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATES OF COMPENSATION BE APPROVED; AND THAT THE SEVERANCE AGREEMENT WITH THE CITY ATTORNEY BE APPROVED AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS Mayor Coleman presented Planning Division Manager Jim Nakagawa with a plaque from the city honoring his years of service for the city,starting as an associate planner on February 3,1983,then being promoted to his present position as planning division manager on July 1,1990.He had served as interim development services director for nine months in 1992,and for nearly two years from 1993 to 1995.During his time with the city,he earned the prestigious certification from the American Institute of Certified Planners. He is leaving for a position out of state at the end of this week. CALL TO THE PUBLIC Mr.Elliott Fisher,547 E.Quail,addressed the council concerning the liquor license for MegaFoods.He commented on Bashas'excellent reputation and stated he believed they deserved the license,however,he had noted that several young people had easy access to the liquor in MegaFoods late at night and they were able to shoplift it as there were few employees watching the front of the store.He suggested making that part of the licensing requirements. Mr.Ed Essary,1320 S.Hilton,addressed the council regarding the severance agreement for the city attorney.He stated he would like an answer to his questions overall when council could respond.He questioned whether the severance package is even available,as a voluntary severance agreement is not part of the city attorney contract according to his understanding.He questioned whether the council could work outside the contract,and what it would do to the future of other city employees.He questioned the liability of the city in future matters.He questioned whether the mayor had received legal counsel on the belief that the council could issue this agreement,and was the legal counsel from the city attorney.He questioned when the severance package was ready,as they had tried to get a copy on Monday, January 20,when they were told it was unavailable at that time.This morning the mayor had told him he believed the package was ready at the city clerk's REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 2 OF 19 office,however,he was told at the city clerk's office no package was available.The city clerk had told him today that everything in the package had been arranged in executive session without any public input as to whether they wanted this agreement.He stated this was similar to Ordinance No.952 wherein the council did not get any public input before passing the ordinance. He does not believe the citizens of Apache Junction would want their money going to the city attorney.He is concerned that the public did not have any input before this agreement was passed. Mr.Jim McKinney,1320 S.Hilton,declined to speak,stating he was in agreement with Mr.Essary's opinions previously expressed. Mr.Tony Vehon,940 E.Hondo,addressed the council with a sewer district update.As the chairman for the sewer district,he wanted to advise the public that the sewer district had filed chapter nine bankruptcy in Tucson this morning.This was caused by some professionals who had worked for the sewer district who had prepared financial statements,projected incomes and projected user hookups.Money was borrowed based on those projections,and once the district was up and running,it was found those numbers had been inflated.For the past year they have been working in agreement with the bondholder,but they need to go after the people who got the district in its current position and to hold off any litigation coming against the district. They had two options:to allow the bondholder to take the action and take all control away from the district;or to file Chapter 9 bankruptcy,retain control of the district and recover some the money,repay the debt and get it down to where it is managable.Chapter 9 filing is for municipalities only. Their assets will not be sold off,the board and district will be left in place,they will be able to pay normal operating bills,they will be allowed to operate and the ratepayers should see no difference at all.They will be allowed to take on new customers.When this is over,this should allow the district to be better off financially.He stated since they are a municipal corporation,they are not under the laws of the city,they are basically self- 'governed under the laws of the state of Arizona.They are available for questions over this recent move,and they will be sending out information to all the customers on the proceedings. Mr.Glenn Gimbut,1001 N.Idaho Rd.,addressed the council regarding his departure from the city staff.He stated he had worked for three councils and two administrations during his stay.He stated it had been a privilege to work with the dedicated,intelligent,professional,hard-working staff of the city.He commented how Apache Junction paved the way in using community facilities districts to acquire,construct and finance needed water utility service and infrastructure.He stated how he was able to use his legal knowledge in many areas.He stated how he was able to put together a method where municipalities can use existing powers under Arizona State Law to provide development impact fees for schools,which has won endorsement from city and development attornies across the state,and was one which no one else had come up with before.He commented on the rapid growth in the city since he started and the changes in the administration.He stated how he and the REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 3 OF 19 assistant city manager had developed a grievance and disciplinary procedure that ends with an outside hearing officer,which reduces claims and risk exposure to the city personnel system,and none have ended up in court. Litigations and claims against the city have been reduced,and premiums for coverage have been reduced.He stated the people who work for the city are its greatest asset.With limited employees and resources,much work and service are accomplished,and many goals are achieved.He is proud of the city councils he has served.All of the mayors were committed to true public service for the citizens,and each of the councils have demonstrated their commitment to the public.They have continued to improve the quality of service and the quality of life for the citizens of the community.He commented on a few people who are using him as a whipping boy.He stated the record in court and the agreement with the Sweets show he did nothing wrong. Those affairs are settled.There is another group that wants to cause and continue to cause harm to he and his family.They have succeeded in causing psychological harm to his dyslexic son and his daughter.Someone poisoned his dog.He stated he has always worked in the best interests of the community, and the community and his family can best be served by a severance.The community deserves to grow and prosper,his family does not deserve to be someone's "public football for personal gain".He stated he hoped he had contributed to this community's growth and prosperity in at least a small way, and he wished the city well.He believes with the leadership of Curtis Shook, George Hoffman,Bob Galloway,Larry Harmer,Kathy Connelly,Doug Dobson, Gordon Grandy,Jeff Bell,Pam Loui,Keith Lewis and David Alexander that the city is in good hands. CITY MANAGER'S REPORT None. PUBLIC HEARINGS APPLICATION FOR A LIQUOR LICENSE FOR MEGAFOODS ) )City Clerk Kathleen Connelly briefed the council on this item.She stated correspondence was in the packet from the police department,planning department and fire district indicating approval,and the applicant has been notified of the hearing and may be present. Mayor Coleman opened the public hearing on the item.He apologized to Mr.Fisher for calling him up during the Call to the Public,and Mr.Fisher stated he was sorry the applicant was not there to hear his statement,and he hoped the council would consider what he said in their decision. Mr.Jerry Michaels,715 E.Linda, addressed the council.He stated he knew the Basha family and if Mr.Fisher's comments are brought to their attention,it will be corrected. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 4 OF 19 Mayor Coleman closed the public hearing and opened the item to discussion by the council. Councilmember Durbala asked if this license would allow them to sell everything. City Clerk Kathleen Connelly stated they can sell everything in its original containers for consumption off premises. Councilmember Durbala asked if they would be putting bars on the doors for the cold beer after hours. City Clerk Kathleen Connelly stated she believes Bashas'is familiar with liquor storage procedures,and it is unknown if MegaFoods will be staying open twenty-four hours once they are taken over by Bashas'. City Attorney Glenn Gimbut addressed Mr.Fisher's question from earlier which was raised by Councilmember Durbala. He stated the council is asked for recommendations to the state liquor board to either approve or disapprove the license.If disapproval is voted for,the reasons must be given to the liquor board for the disapproval.The procedure does not allow for attaching conditions such as for security.The state liquor board then either approves the license or not,and if approved the liquor laws must be obeyed.The final decision is made by the liquor board, not the council. City Clerk Kathleen Connelly stated the issue brought up can best be addressed by the police department when MegaFoods officially changes hands. Mayor Coleman closed the discussion by council and called for a motion. Councilmember Urich MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,SERIES 9 LIQUOR LICENSE SUBMITTED BY BASHAS'FOR MEGAFOODS BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEAPRTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A LIQUOR LICENSE FOR PIZZA HOUSE REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 5 OF 19 ) )City Clerk Kathleen Connelly briefed the council on the item.There is correspondence in the packet from the fire district,planning division and police department regarding the application.The applicant was notified of the public hearing tonight and may be present. Mayor Coleman opened the public hearing on the item.There being no one wishing to speak,he closed the public hearing and opened the item to discussion by the council. Councilmember Durbala asked if the staff could contact the applicants to advise them the council would appreciate it if they would attend the meetings. City Clerk Kathleen Connelly stated they are notified by mail.She stated councils in the past have considered postponing the items to get the attention of the applicants. Councilmember Durbala stated he would like to start doing that if these people do not start attending and allow council to ask some questions.He stated they have the option under Title 4 to postpone them for up to sixty days. City Clerk Kathleen Connelly stated she would check on those dates and added at some time the State would proceed with the application regardless of the whether or not they got a response from the city.She also suggested looking at the letter to see if could be worded a little stronger. Councilmember Durbala suggested stating that attendance was actually needed. City Attorney Glenn Gimbut stated the sixty days starts when the application process is started.We get the application after that.It is possible that the city would be past the sixty days if they continued some of these and they would lose the right to a hearing at all. Mayor Coleman closed the discussion and called for a motion. Councilmember Surra MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER,BEER AND WINE BAR LIQUOR LICENSE SUBMITTED BY BECKY PRZYBYLSKI FOR PIZZA HOUSE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSE AND CONTROL. Vice Mayor Richmond SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 6 OF 19 VOTE:Unanimous. The motion carried. DISCUSSION ON HOUSING/DWELLING UNIT STANDARDS )Development Services Director Larry Harmer briefed the council on the the progress on this item.Council was provided with research regarding what other cities in the valley and the state are doing about the issue.Included was how this is reflected in our own existing ordinances.Based on outside suggestions,research was done on the State of Michigan and their requirements or suggestions as they are considered one of the leaders in the nation in manufactured home promotion. In the last few years their new housing amounts to 38-40% manufactured homes. Staff has conducted sessions and has met with the core group of local property owners,property managers,home installers,representatives of 20-25 park owners or managers,and they have had preliminary discussions with MHIA and Mr.Butler.He has heard that MHIA and the Arizona Planning Association are trying to address this on a state-wide level.He stated they still need to have sessions with AAMHO.This is the information that has been received to date and this will be added to from additional sessions.Once no new information is received,it will be compiled and they will revisit those groups and organizations.It will eventually show where agreement is and where concern is,and then this information will be brought back to council. This information has been added to since the December work session.They will attempt to have more meetings now that they are past the holidays.He stated they met last week with AMHA and received questions from them.Tonight is for the public to add their input and ask questions. hearing on the item. Mayor Coleman opened the public Mr.Neal Haney,2061 E.Lockwood Street,Mesa,addressed the council.He is the president of the Arizona Mobile Housing Association (AMHA).He stated he appreciated the call from the city clerk advising him of this meeting so that he could come and speak.He commented on the meeting he had earlier with Mr.Harmer,and stated they have a lot of members in Apache Junction,and offered their services to help with the standards. Mr.W.Dean Thorpe,1615 N.Delaware Dr.#55,addressed the council.He commented on Ordinance No.952 that he believed was ill-conceived and had been passed earlier and then rescinded.He then added there is nothing in the constitution about public safety or aesthetic beauty.He also stated there are more specifications in building a manufactured home than there are on site -built.He added that by the year 2000 i t is estimated that 50% of the people will live in manufactured homes. He commented that manufactured homes use the same materials as site -built REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 7 OF 19 homes.He believes that staff should talk to the people who build these homes.He then passed out some information on what other cities have done. Development Services Director Larry Harmer stated they had met with Gerald Macy and the East Valley Chapter of AMHA last week at their meeting and he opened the door to follow up meetings. They have not met formally with AAMHO yet but are intending to do so.He stated this is just the beginning of the process and they are not intending to exclude anyone.Staff may schedule public meetings or they may be invited to the organizations for their meetings. Ms.Linda Essary,1320 S.Hilton, addressed the council. Councilmember Hendricks asked Ms. Essary if she lived within the city. Ms.Essary stated she did.She stated as chairman of the Lets Be Reasonable Housing Coalition she reiterated that their stand is still adamantly against Ordinance No.952 or any clone of the same.She stated there has been nothing mentioned about just compensation once property values decline,which she believes they will.She is concerned that the next ordinance will contain an emergency clause using health and safety as an excuse,which would not allow the people to speak.She stated they would continue to fight against it with any means possible,and she reminded them to consider that the people are still against it. Ms.Susan Brenton,2334 S. McClintock,Tempe,addressed the council.She is the executive director of the Arizona Association of Manufactured Homeowners (AAMHO).She stated she was disappointed as she had come to the meeting expecting to see an ordinance based upon the motion passed a couple of months ago.She also had a letter from the city attorney,dated November 7th,that was written to AAMHO and AMHA attorneys,regarding their case against Ordinance No.952.In it he stated he wanted to work with them regarding the legal basis for regulation,and after development of the document it is the goal of development services to begin a series of meetings in small groups with those expressing interest in the topic.Larry Harmer is to coordinate those meetings.She stated Larry Harmer was invited to the AMHA meeting,he did not set up that meeting.She has not heard of any neighborhood meetings.She is looking for no discrimination against manufactured homes.She then stated what a mobile home was according to Arizona standards,and the state has already adopted rehabilitation standards for them,which are all pre -HUD homes.She asked that the state standards be applied to these homes coming into the city,and to consider that 50% of the homes in the city by the year 2000 will be manufactured homes. Ms.Midge Conway,902 S.Ocotillo, addressed the council.She stated it appears that the only people speaking are those who think that the ordinance is just intended for mobile homes.She REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 8 OF 19 wanted to let those in the audience know that it is for all homes.She believes there is a misunderstanding.She suggested holding a large meeting at one of the schools and letting the public know and attend. Mr.Elliott Fisher,547 E.Quail, addressed the council.He stated people make mistakes,and he believes the way to go is with "camouflage".Nothing should be excluded or limited,and there are more creative ways to deal with the aesthetic issue.He would like to see more public input,and suggested sending out a comprehensive survey. Mr.Tony Vehon,940 E.Hondo Ave., addressed the council.He is interested in the issue as he is a realtor,and a lot of his business is manufactured homes.He commends the council for recognizing there were some problems with Ordinance No.952 and rescinding it, and now allowing input from the community.He recalled the recent Town Hall and what was discussed by the people as to what they wanted their community to be,which is what the council was trying to address with that ordinance.He supports the ordinance,but felt there were some things too difficult to do and in some areas it went to the extreme.But he sees the direction as a positive one.Many sales are lost because of manufactured homes that are sitting on blocks with nothing done to them for years.Minimal improvements such as skirting can make a monumental difference in those homes.It should raise property values over time,not decrease it. Ms.Jean Perkins,616 N.Cactus, addressed the council.She commended the council on the aesthetics of the city,and she believes the landlords are a big problem in the situation.They need to be reached and have them furnish trash pick-up.She stated some of these people have legitimate concerns.She recently was called by a citizen who lives in a house built in 1969,and she had heard the rumor that she was going to have to buy a new mobile home.She commented that getting the information out and stopping rumors is a never-ending job for council. Mr.Lonnie Seavy,538 N.Goldfield Rd.,addressed the council.He believes the city needs to be cleaned up,but he believes the existing laws will take care of the problem if they are enforced.Personal property rights would not have to be taken away from the people of Apache Junction.He then started to comment on the city attorney's severance package. Mayor Coleman reminded him he would have to stay with the public hearing at issue. Mr.Lonnie Seavy commented that when Mr.Gimbut got up he used the city's address. Mayor Coleman again reminded him to stay with the issue at hand. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 9 OF 19 issue. issue currently being discussed. to add. Mr.Lonnie Seavy stated that was an Mayor Coleman stated that is not the Mr.Lonnie Seavy had nothing further Ms.Charlene Bishop,8449 E.Apache Trail,addressed the council.She stated she worked for Prestige Homes,and she commented on her sales at the mobile home show,where she sold 13 homes. None of them went to Apache Junction,as she is afraid to recommend Apache Junction to the people.She stated the sales and property taxes for these mobile homes will go to other cities. Mayor Coleman stated the city does not have a property tax. Ms.Bishop stated that when a bank finances a home,they require it to be skirted. City Clerk Kathleen Connelly stated that the sales taxes are paid to the city where the mobile home sale was made. If the sale was made in Mesa and the home placed in Apache Junction,Mesa receives the sales tax. Mr.Elliott Fisher asked if the city could expand the duties of planning and zoning to include aesthetics and work with code enforcement with some sort of committee.He does not think people should be cited or fined,but brought before the expanded commission.The issues should be addressed there.Some people are afraid to turn in their neighbors as it would cost the neighbors money. Mayor Coleman closed the public hearing and opened the item to discussion by the council. Councilmember Durbala asked about the importing and installation of pre -HUD homes and where they were not allowed.He asked if the information provided was correct. Development Services Director Larry Harmer stated that was the information given to them by those governments. Councilmember Durbala asked if the information on pre -HUD mobile homes allowing to be sited outside of mobile home parks was true. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 10 OF 19 Development Services Director Larry Harmer stated that information was true according to what they were given by those governments.In some cases they received copies of their codes. Councilmember Durbala commented that Ordinance No.952 was not designed specifically for mobile homes,it was designed for housing standards.If the entire ordinance had been read,people would have found that it included stick -constructed homes as well. Councilmember Surra stated she was glad the process has started,and she expects to hear more and have other groups include them on their agenda. Mayor Coleman closed the discussion on the item.(No other action was necessary.) OLD BUSINESS. SIGN PLAN FOR IDAHO FREEWAY CENTER SLENTZ ) )Development Services Director Larry Harmer briefed the council on the item.This is an overall sign package for the center submitted by Mr.Slentz.It is not in 100% compliance to the council suggestion.Individual free-standing signs for the various lots in the subdivision adjacent to the freeway at the height of 20'are proposed, along with individual entry signs at the driveway entry along 29th Avenue for each business at a height of 5'6" and an overall directory sign to be located with an encroachment permit at the intersection of 29th Avenue and Idaho at the height of 20'.Staff has concerns on the individual driveway signs if they are placed in the utility easement,unless the owner is liable for any damage to the utilities.If they are placed there,the maximum height as recommended in the conditions should be imposed.Staff also has concern on the directory sign,as our current ordinance states those signs should be a maximum of 12'.He stated they have received a letter from Apollo Properties, Inc.,who are the property managers of the RV park north of the development, and they are concerned with the height of the directory sign and the internal illumination of the sign.Their existing wall at that location is slightly more than 6',and there is concern about the sign projecting over the wall, producing glare into the park.However,if it is placed below that height,i t cannot be visible to traffic from both directions.He suggested hearing from Mr.Slentz on their proposal. Mr.John Slentz addressed the council.He stated he had worked with an architect and a local sign company to create the sign package using the ordinance.He stated 4 Sons would not be a part of the sign package.The Super 8 would only be a part of the package with the directory sign.He stated the freeway signs would be similar in nature to the motel sign in use today.The entry signs on 29th Avenue will be small directory signs,similar to the one for the motel.The directory sign REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 11 OF 19 at 29th Avenue and Idaho is the one in contention,it is necessary for those people traveling southbound or they will not know what is in the complex until they pass it.This could cause a traffic problem is people have to make a U- turn to come back to the properties.A 20'illuminated sign is proposed to allow southbound traffic to see what is in the complex.So far as maintenance of the signs,they are writing CC&R's to include the maintenance,and it would be agreed upon by all the businesses sharing the complex.The illumination should not be any more than a street light illuminates. discussion by the council. Mayor Coleman opened the item to Councilmember Surra stated it seemed like there was a lot of light on that corner now.She stated she is not sure if she would even see the sign on 29th Avenue with all the other things there unless it was farther. Mr.Slentz said it would be visible over the fence line,and that was their concern. Councilmember Surra stated that was also the concern of the people who live there. Mr.Slentz stated he did not believe the illumination would create any problem as they are already well illuminated in that corner. Councilmember Durbala stated when he goes by at 3:30 a.m.there is a light that is already illuminating part of that spot being talked about.He could not see a problem with the illumination due to the lights already there from 4 Sons,and as more businesses come in there will be more lights in the parking lots. Councilmember Surra stated maybe it was because it was so far in,and suggested if it was farther out it would not have to be so high. Mr.Slentz stated that the fence was part of the problem and they had to get it above that elevation. Councilmember Durbala questioned the use of individual signs in front of each property when there are going to be a freeway signs and a location sign on 29th Avenue.The buildings will have their names on them. Councilmember Surra asked if these were separate driveways going into these businesses. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 12 OF 19 Mr.Slentz stated those signs would be low in nature so as not to obstruct the view of the drivers. Councilmember Durbala asked which direction the signs would be facing. Mr.Slentz stated they would be facing east/west. Development Services Director Larry Harmer stated they are also for street numbering for emergency vehicles. Councilmember Durbala agreed that was a reason why the signs were needed. Development Services Director Larry Harmer stated the signs are limited to 32"in height. Mr.Slentz apologized for not telling them they would have the address on them. Mayor Coleman stated he liked what he had seen.He thought it was well done.He then closed the discussion by the council.Upon hearing Mr.Hyde from the Super 8 wanted to speak,he allowed him to come forward. Mr.Bill Hyde,4217 E.Alder,Mesa, addressed the council.He stated he is in favor of the directory sign.Their particular business makes it necessary for that sign as people will need to know how to get to his location.He stated there are a couple of related matters that need to be taken under consideration.One is the height of the directory sign.He is confused as to what the height will be. Councilmember Durbala stated he thought it was a 12'sign,and he has no problem with that sign or the freeway signs.His question was on the driveway signs,but that has been resolved. Mr.Bill Hyde stated he had no problems with those signs either,but he has a problem with the Idaho corner. He stated that is a crowded corner.He had measured the wall and found it to be 5'6",and Countryside has a sign 10'high from ground level.They also have a painted sign on top of the wall.If the directory sign is placed where it needs to be,it will cover up that sign,which those people will not like. He believes it is imperative for the directory sign to be of sufficient height to not cover the Countryside sign.If that sign is covered,he feels the complex owners and the city may face litigation.He questioned whether Countryside applied for and were granted a permit,whether it was grandfathered,whether a statute of limitations had run out,or whether there are any rights they would interfere with if they placed a sign there.He REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 13 OF 19 believes if the sign were 25'it would be considerably higher than the wall and it would have enough panels,but the panels would not throw off much,i f any,light.The sign will either have to be 10'or 20'in height.This has to be resolved before the issue is passed.He then asked if he could address his 20'sign. Mayor Coleman asked what does it concern. Mr.Hyde stated it concerns the existence of his 20'sign on the freeway.He stated it was a serious matter. Mayor Coleman asked the city attorney if the agenda allows them to discuss the issue. Mr.Hyde stated the matter is germaine to the main issue.It concerns the 20'maximum. City Attorney Glenn Gimbut stated Mr.Hyde can present anything he thinks is relevant.The question is the council and its response to staff.He cannot predict the choice of words by Mr.Hyde.He does not believe this matter concerns this site plan proposed as to whether this plan should be approved tonight or modified. Mayor Coleman stated this issue would be germaine to the plan as it concerns one the signs. Councilmember Surra agreed,however, she stated it could not be a sign on the expressway as we are not allowed signs on the expressway. the 20'sign already up close to the to tell you that you cannot see it. Councilmember Durbala stated it was freeway. Mayor Coleman stated Mr.Hyde wants Mr.Hyde stated the signs are on the extreme south end of the lot and the signs cannot exceed 20'in height.He stated he has proof there is a real problem,and this problem will cause Mr. Slentz a problem with the future development of those lots.He stated if they did not think it was germaine and they wanted to act on this,he was willing to come back at a later date,but it is relevant to this discussion. Councilmember Surra asked if this concerned all the signs on the bottom of the example shown to them. Mr.Hyde stated those were the ones he was speaking of. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 14 OF 19 Mayor Coleman told Mr.Hyde to go ahead,but added the city attorney should interrupt if they get off the agenda. Mr.Hyde stated the issue is related.The Super 8 sign is 20'tall as approved.He and his son are requesting council to reconsider the height of that sign.He encouraged the council to drive up and down on the freeway at night.The sign can be seen during the daytime,but at night it is extremely difficult to see eastbound, and only the top of the motel can be seen as it is down in a hole.He requested the board not to act on this tonight,unless they are acting on Mr. Slentz'package.He would be willing to come back at the next meeting. City Attorney Glenn Gimbut interrupted to say if they are talking about the Slentz package it was fine, if they are talking about something previously approved it is not.The Super 8 was deleted from the Slentz package,so it is a separate topic. Mr.Hyde said the exception is that all the businesses are being asked to limit the sign to 20'.He was trying to explain what had happened to them in the three days they have been open.If council does not want to hear this now,he would come back in two weeks.The problem would involve his losing income and the city losing taxes. City Attorney Glenn Gimbut suggested he address his concerns to what he believes the impact of a 20'sign would be on the signs in the Slentz package. Mr.Hyde stated Mr.Slentz will experience an extreme problem when other prospects come along to put up a restuarant or any other business.He is happy to be there except for the signage.When these businesses find out that their signs cannot be seen from the freeway and they need business from off the freeway,the property will be hard to sell. Councilmember Durbala reminded Mr. Hyde that they had a long discussion on his sign being raised to 20',and that should be taken into consideration.The sign could have been limited to 12'. Mr.Hyde stated he just wanted to bring them up to date on the practical issue. Councilmember Durbala stated he had received the letter dated December 30. Councilmember Surra stated the first one from his son was December 30. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 15 OF 19 Councilmember Durbala recommended he talk with Larry Harmer and go through the process to see if the sign can be changed. Mr.Hyde stated he would do that. However,he asked that in the meantime they go out and drive it both ways at night. Councilmember Durbala agreed. Development Services Director Larry Harmer stated that if this was going to be a concern regarding the entire sign package,he suggested this item be set aside for two weeks to allow council the opportunity to visit the site,as no signs are pending at this time. Mr.Slentz stated they had no signs going up and it could be held a few weeks.He would like to get it decided on so they can get i t into the formal agreement for the directory sign.He added the reason they chose the 20'height was because that was all that would likely be approved.He is developing in Tucson and they have an ordinance that permits 40'signs on the freeway only.There is the opportunity on that kind of corridor to put higher signs due to the higher speeds of the travelers. Mayor Coleman stated it was his wish to table i t for tonight.He stated he has driven the freeway and could see the Mobil sign,but he could not see the Super 8 going eastbound during the day or night.He would not mind revisiting the issue. Mr.Slentz thanked them for their consideration. Mr.Hyde stated you do not have to go to Tucson to see the sign difference.Phoenix permits a 35'sign on the freeway,and on the street i t is 10'-12'.He recalled they did not want to occlude the mountain,and by raising the sign to the level of the roof,the sign would not cut out the mountain in the least.All the information is in the letter given to them tonight,and he would like it to be circulated. Councilmember Durbala MOVED TO POSTPONE THIS UNTIL THE NEXT MEETING AND BOTH MR.HYDE AND MR.SLENTZ GET BACK WITH LARRY ON HIS SUGGESTIONS ON WHAT HE IS ASKING FOR AND HAVE LARRY COME BACK WITH A REPORT ON THIS FOR US SO WE CAN MAKE A DECISION THEN. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 16 OF 19 The motion carried. NEW BUSINESS. None. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS None. SELECTION OF MEETING DATES.TIMES,LOCATIONS,AND PURPOSES Councilmember Durbala MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M.AND A WORK SESSION AT 7:00 P.M.BE HELD ON MONDAY,FEBRUARY 3,1997,IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE HELD ON TUESDAY,FEBRUARY 4,1997, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Durbala stated they had attended a golf conference in the new Gold Canyon back nine and found it very enjoyable.He thinks some of the holes are better the the Tournament of Players Championship course.He believes they would have done better than seventh if he had played better,and commended the play of Gordon Grandy.He thanked the mayor for giving them the invitation to represent the city. Mayor Coleman stated he had attended the International Winter Visitor Associaton winter break today.He saw country singer Jim Stafford performing there,it was very entertaining and there were a lot of people there. ADJOURNMENT ) )Mayor Coleman adjourned the meeting at 8:42 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of minutes of regular meeting of December 17,1996. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 17 OF 19 3.Acceptance of minutes of regular meeting of January 7,1997. 4.Recognition of outstanding service to the community by city employees. 5.Consideration of appointment to Planning and Zoning Commission. 6.Approval of Resolution No.97-01,Providing Notice of the Regular Primary Election of March 11,1997. 7.Approval of severance agreement with City Attorney Glenn Gimbut. ACCEPTED THIS 4TH DAY OF FEBRUARY ,1997,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF FEBRUARY ,1997. DOUGLAS OLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 18 OF 19 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 21st day of January,1997.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of January,1997. KATHLEEN CONNELL City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 21,1997 PAGE 19 OF 19