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City Council Minutes March 17, 1997 • Page 9 r . 9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Conditional Use Permit Request by Pinnacle Foods LP [Perkins Restaurant), Public Hearing Case No. CU 97-1 City Planner Steve Ach indicated that Pinnacle Foods, L.P. is requesting a conditional use permit for an amendment to their planned unit development for site plan review to expand the Perkins Family Restaurant, to install a 70 foot high structure (flagpole), and to expand their parking facility. Steve Ach presented the staff report on this issue. Steve Ach indicated that the Planning Commission voted 4-3 to deny the request for the 70 foot flagpole. He indicated that the flagpole structure is the issue, not the flag. Mayor Duitsman opened the public hearing. Jim Church - 19318 Baldwin St. indicated that he was in favor of allowing the 70 foot flag pole. Arlon Fuchs indicated he was opposed to allowing the 70 foot flag pole as he felt the flag was used as a means of advertising. • Judy Gesch indicated that she was in favor of allowing the 70 foot flag pole and stated that she never associated the American Flag with Perkins. Denny Chuba - 10451 175th Ave indicated he was in favor of approving the 70 flag pole. Dan Smith, owner of Perkins Family Restaurant submitted a petition to the Council with 1,433 signatures indicating support of the 70 foot flag pole. Mr. Smith spoke to the issue of denial of free speech and expression. He also spoke about the lack of city restrictions on other structures. Eleanor Todahl, Angel Ridge Apartments indicated her support of the 70 foot flag pole. Planning Commission representative Judy Thompson indicated that the Planning Commission voted to approve the expansion and increase in parking. She indicated that the Planning Commission voted to deny the increase in height of the flag pole as the Planning Commission felt the flag was used as a means of advertisement. There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his support of the expansion and increase in parking but felt the flag was a means of advertising and should be restricted to the height • as stated in the original CUP.