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HomeMy WebLinkAbout2013-02-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING FEBRUARY 5, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 5, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: (Councilmember Evans was absent.) City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Senior Planner Rudy Esquivias Business Advocate Janine Solley Deputy Police Chief Tom Kelly Community Relations Manager Pat Brenner Community Resource Unit Coordinator REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 1 OF 31 Constance Halonen Mayor Insalaco recognized Pinal County Supervisor Todd House and former Apache Junction mayor, council member and current Representative Doug Coleman in the audience. ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE TAKE ITEM NUMBER 9 BEFORE ITEM NUMBER 8 TONIGHT. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced on February 13 the Superstition Horsemens Association will be having a meet and greet for the local candidates at the Boys & Girls Club. Councilmember Wilson announced the AgriCounty Blue Grass Festival was held January 25-27.He attended on Sunday and saw many events and listened to bluegrass and country music. Councilmember Wilson announced they found a new home for the rescue horse Destiny.He thanked the various organizations and individuals involved in bringing this to a successful conclusion. AWARDS, PRESENTATIONS AND PROCLAMATIONS Community Relations Manager Pat Brenner gave recognition to Charles Hatfield on his volunteer service for the city in multimedia and broadcasting from September 2006 until November 2012.Mayor Insalaco presented him with a Certificate of Appreciation. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 2 OF 31 CITY MANAGER'S REPORT City Manager George Hoffman commented on the Apache Junction Chamber of Commerce struggling to do right by the community, new volunteer Eric Wolf at the Paws and Claws Center, the new Maricopa County street project at Meridian and Southern, the pending construction for the freeway ramps at Meridian and US 60, and Congressman Gosar being at the library on the third Tuesday of the month starting in February. Assistant to the City Manager Matt Busby gave an update on legislative issues. Deputy Police Chief Tom Kelly gave an overview on volunteer applications for the police department. Community Resource Unit Coordinator Constance Halonen gave a comparison on the volunteers of 2011 and the volunteers of 2012. Mayor Insalaco commented he was at a minor accident this morning and three people from the department showed up.He had someone ask him why there were three officers there and he told them two of the people there were volunteers assisting the officer.They were there to direct traffic which left another officer clear. All the departments need volunteers, but the police department is really in need. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C. GARRETT VFW POST #7968 FOR SECOND ANNUAL HOGFEST )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council.No applicant was present.He opened the public hearing on the item. Ms. Jodelle Mitchell commented she is a VFW member and was not aware of the issue for the event.She understands that with all their volunteers that REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 3 OF 31 it will be an incredible event for the community.She asked that they grant them the one day.She volunteered to look into why no one was here for the event. Vice Mayor Dietz asked if she would pass along that the police department would like added security. Councilmember Barker commented they want at least twice the number of listed personnel in the request.They would like 4 police and 4 security personnel.It is because of the multiple entrances around the location.Only four people limits the ability to watch all the entrances plus the interior. Ms. Jodelle Mitchell stated she would pass it along to the commander. Mayor Insalaco closed the public hearing with no one else wishing to speak.He asked the city attorney if there is any way the city can make sure they add the additional personnel. City Attorney Joel Stern stated they want to add another condition. Mayor Insalaco stated that is correct. City Attorney Joel Stern they can add it in the motion. Mayor Insalaco closed the discussion with no further comments and called for a motion. correct. can add it in the motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR LAWRENCE C. GARRETT VFW POST #7968 FOR FEBRUARY 23, 2013, SUBMITTED BY DEREK TRAMONDO, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL ON THE CONDITION THAT THEY FOLLOW UP WITH FOUR MORE PERSONNEL FOR THE SECURITY OF THE EVENT, TWO POLICE OFFICERS AND TWO SECURITY PERSONNEL. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 4 OF 31 Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. NEW BUSINESS SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY AND MEHMOOD MOHIUDDIN )Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented he had mentioned that the gate had to be left open. Senior Planner Rudy Esquivias stated the pedestrian gate has to be open. Councilmember Wilson commented it has to be left open at all times. Senior Planner Rudy Esquivias stated if there is an emergency or a fire in the building, they need to have two exit points per the building code.One would be the front door of the restaurant, the other one would be this escape gate. Councilmember Wilson asked how they would they prevent people from entering through that area. Senior Planner Rudy Esquivias stated he believes that will be a manned gate.Personnel there can make sure that people do not bring in liquor or take out liquor to the parking lot. Councilmember Wilson asked if there will be children in the area. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 5 OF 31 Senior Planner Rudy Esquivias stated he believes so.It is a family restaurant.A similar event that he visited and after which Mr. Mohiuddin is modeling his idea is a place called the Buffalo Chip.It is a family restaurant and kids are there.They go watch their relatives and friends participate in the bull riding. Councilmember Barker asked if he knew more about the lighting proposed for this. Senior Planner Rudy Esquivias stated he has not seen a brochure for exactly what types of lights he plans on installing.In the beginning they talked about bringing in those portable lights.They would be located at the four corners of the arena and would be pointed downward. They are bright and will light up the arena area.The site may have some other ambient lighting, but the arena has lights specifically for it.He also talked about putting some lights on the building but there are concerns about pointing those into traffic.If they are pointed down to meet our dark sky ordinance, they should also help to light up the area. Councilmember Waldron asked if we have copies of the signed, executed parking agreements. Senior Planner Rudy Esquivias stated he has an agreement that the Dash In people executed with the lot owner directly to the southwest of them.He has a letter from the Elks Club Trustee, Gregory Niles, who states they have reached an agreement with the Hitching Post for overflow parking.There are no formal contracts. Councilmember Waldron asked if it indicates how long that agreement is for or the costs involved. Senior Planner Rudy Esquivias stated they pay a monthly rent to the owners south of them.The agreement with the people to the north just says lease. Councilmember Waldron asked if they have attempted to contact the Arizona Department of REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 6 OF 31 Transportation over the concerns expressed by the police department. Senior Planner Rudy Esquivias stated staff met with Mr. Mohiuddin in January.The city engineer asked if he had contacted the department of transportation and Mr. Mohiuddin indicated that he had.They were not requiring an additional deceleration lane.They just wanted to make sure that all of his improvements were being kept within his property line.He has not seen this in writing; it is only what the applicant advised them.Mr. Mohiuddin advised he spoke with Arizona Department of Environmental Quality regarding the gas tanks and he is being required to siphon out all the gasoline and then fill the tanks with sand. Mayor Insalaco asked if they do not have to take them out anymore. Councilmember Waldron asked if Arizona Department of Environmental Quality does a final test or sign off on the removal of the tanks. City Attorney Joel Stern commented he believes they do a final test and a final sign off. There should be some paperwork on that when it is all done. Councilmember Waldron stated without the final sign off they cannot do any improvements over the top of that. City Attorney Joel Stern stated he believes that is correct.They do an inspection for environmental issues, particular whether there is any leaking. Mayor Insalaco commented he has a problem with the deceleration lane.If they are going to have animals coming down the highway and then slowing down, it is a major highway.It is 50 miles per hour.Someone will be slowing down to pull into the bull ring and there will be a line of traffic behind them.He does not know if they will be able to stop.Arizona Department of Transportation may say they do not need one, but he would have to go along with our local police department.It looks dangerous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 7 OF 31 Councilmember Serdy commented he saw a schematic of the one in Cave Creek and they have bleachers or stadium -type seating.He asked if there would be some kind of seating in the triangular area near State Route 88. Senior Planner Rudy Esquivias stated Mr. Mohiuddin has not indicated any bleachers or permanent seating areas on his site plan.He showed on the overhead where the bleachers and picnic tables are located at the facility in Cave Creek. Councilmember Serdy asked if there will be outside vendors or could drinks be purchased outside.He knows they do pizza there.He asked if it could be purchased and carried out or delivered to that area. Senior Planner Rudy Esquivias stated the plan does not show any outside bar areas or eating areas.It is a better question for the applicant.He has not mentioned any outdoor drinking or eating areas. Councilmember Barker asked what the terrain is made of in the back area.She asked if it would be handicapped accessible. Senior Planner Rudy Esquivias stated they are required to have an improved surface under the building code.It does not necessarily have to be concrete or asphalt but it must have a wheelchair accessible route through the area.Right now it is all asphalt in one area and the rest is dirt.The asphalt that was in the arena area itself has been taken out.Around the arena it is pretty flat and currently asphalt for the most part. Vice Mayor Dietz asked about the handicapped parking as it is only showing one.He asked what the requirement is. Senior Planner Rudy Esquivias stated they will need to add at least one more.Under the disabilities act they need one for every 25 spaces.They will need to carve out a minimum of three. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 8 OF 31 Vice Mayor Dietz asked what this will cost. Senior Planner Rudy Esquivias stated he does not know if they have any official estimates. There is a person who specializes in this type of activity helping him to set up the venue and coordinate what is needed. Councilmember Serdy asked if these would be exhibition only events or a tournament -type setting or even a traveling circuit. Senior Planner Rudy Esquivias stated he believes the bull riders compete for money.They go to different venues on Friday and Saturday nights and compete for purses.The event he attended appeared to have professional bull riders with the safety gear and they keep the money. Councilmember Serdy commented there may be fans or an entourage that follows them.There could be quite a few people out there.He asked if they would carry their own insurance. Senior Planner Rudy Esquivias stated all the activity is on private property. the competitors have it. stated he did not know. Councilmember Serdy asked if Senior Planner Rudy Esquivias Councilmember Barker asked if there would be medical standby.Most competitions like that, even in softball games, there is somebody standing by medically. She asked if there is a provision for that. Senior Planner Rudy Esquivias stated he did not see anything like that at the Buffalo Chip. It is a good question for the applicant. Mayor Insalaco asked if they could call the applicant up to answer these questions. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 9 OF 31 City Attorney Joel Stern stated the code allows the mayor to call someone if they need to under New Business if he believes they would add to the discussion. There was general discussion on whether the applicant could address the questions.The city attorney believes the mayor has the ability to call someone up to answer questions. applicant address the council. addressed the council. he would be adding bleachers. Mayor Insalaco requested the Mr. Mehmood Mohiuddin Councilmember Serdy asked if Mr. Mehmood Mohiuddin stated he would not.Bleachers would distract traffic.This will be operating at night after 8 p.m.It will last one -and -a -half hours to two hours when they do the bulls. Councilmember Serdy asked if there would be any food served outside. Mr. Mehmood Mohiuddin stated food will only be served inside.The people can come out to watch it.When the band is playing music in the restaurant, they will go on a break for twenty minutes, and the people can come out and watch the bulls.When the one or two bulls are done bucking in about twenty minutes, the people will go back inside and listen to the band and eat. Councilmember Serdy asked if they can carry their drinks outside. Mr. Mehmood Mohiuddin stated they can.That is why they are applying for an extension. Someone may have a drink in their hand when they walk over there.It would be extremely hard to control out of the fenced area; they have to stay inside the fenced area.Security REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 10 OF 31 personnel will be watching to make sure no one is violating any rules. Councilmember Serdy asked if the competitors follow a circuit.He asked if it is like professional wrestling where one knows who will win every night. Mr. Mehmood Mohiuddin stated there are a few bull riders in Arizona.That is how they practically make their living.The entry fee is $50 to $60 and they make $200 to $300 for placing first through third.These people do have regular jobs.It is extra pocket money to survive.The whole circuit works around this area. Councilmember Serdy asked who carries the insurance if someone gets hurt. Mr. Mehmood Mohiuddin stated he carries a million dollar liability, the guy providing the bulls carries a million dollar liability, and the bull riders are professional bull riders and are part of the bull riding association.They pay a fee and are automatically covered so the bull riders are covered three ways. Councilmember Serdy commented a million dollars is not that much once you get a lawyer involved.They are down to about $600,000 already. Mr. Mehmood Mohiuddin stated he is correct but each party carries a million dollar liability. Councilmember Wilson asked if the open gate would be manned. Mr. Mehmood Mohiuddin stated he talked to John of the fire department and their recommendation was that the gate should stay open but have someone standing and guarding it so no one can walk out with a drink.The second option is to have a latch that in case of an emergency they can hit and the door will automatically open, allowing them to walk out. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 11 OF 31 Councilmember Barker commented they can still carry their drink with them. Mr. Mehmood Mohiuddin stated they cannot carry their drink outside with them. Councilmember Barker commented they can open the latch.She asked what is to prevent them if it is not manned. Mr. Mehmood Mohiuddin stated the options are the gate would be manned or watched so that no one could take anything out.There is a latch on the gate for safety when in case of an emergency people to run out that way. Councilmember Barker commented she understood that, but if there is no one there and someone has a can of beer in their hand, they can hit that latch and leave. Mr. Mehmood Mohiuddin stated he would provide manpower out there if he has to.They can keep a man over there for security reasons.He does not want to jeopardize his business and license. Councilmember Barker commented people will be in his restaurant eating and drinking. There is a 20 minute break for the band and everyone goes outside to watch the bull riding for 20 minutes.The bull then stops, it is the end of that, and everyone goes back in and there is no more bull riding.She asked if that is the plan. Mr. Mehmood Mohiuddin stated the band will be playing and people will be inside and in the back patio.When the bull riding starts, people will go get seats to watch it.After one or two bull riders, they are done. They will advise the customers the next bull riding will take place in about 40 to 45 minutes.People may hang out and sit down in the back patio, they can go into the restaurant and wait or go wherever they feel comfortable. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 12 OF 31 Councilmember Barker asked what kind of lighting will be around the ring, not to the interior. Mr. Mehmood Mohiuddin stated it will only be the lighting pointing down to the arena. Councilmember Barker commented it gets pretty dark out there at night. Mr. Mehmood Mohiuddin stated there is already existing additional lighting.They have a Salt River Project pole on one corner.There are other Salt River Project poles on Lost Dutchman and the highway.They will have a light either in the fourth corner or lights on the building in the northeast corner. Councilmember Barker commented she was concerned about people walking around the arena without enough light to see where they are walking, especially if they have been drinking and there are small children underfoot. Mr. Mehmood Mohiuddin stated they will have lights in all four corners plus they have lights on top of the Dash In that are pointing down at the area.There are also the Salt River Project poles.The lighting should be sufficient, but if it requires extra lighting they will put in extra lighting.Safety is their main issue. Councilmember Barker commented as they are talking about safety issues, it is really narrow going northbound on State Route 88.They may have people that are going to be pulling over and others pulling trailers and they are not realizing they are supposed to come in on Lost Dutchman to unload in the back area.She asked if they have any plans for any kind of a lane that will allow them to pull into the lot and figure out what they are supposed to be doing next. Mr. Mehmood Mohoiddin stated a man named John provides the bulls at Buffalo Chip.He visited his site and told them how to install the gate and how wide it should be.They can either back it up to Lost Dutchman or they REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 13 OF 31 can come down on any other street instead of the highway to of Councilmember Barker asked if they are going to have any medical standby.Since they are talking about safety, it seems like this is a place where they would need medical standby. Mr. Mehmood Mohiuddin stated it has not been provided anywhere else.There has never been any medical standby at the city arena.Buffalo Chip has never had it.Rawhide does not have any medical standby. Councilmember Barker asked where a medical chopper would land. Mr. Mehmood Mohiuddin stated the last time he saw an accident it was at Fillies' because cars were lined up on the side of the road.They moved the cars to bring in the chopper. Councilmember Barker commented they have to anticipate casualties here. Mr. Mehmood Mohiuddin agreed. Councilmember Waldron asked him to explain the process for the Arizona Department of Environmental Quality and what they have to provide to him to say those tanks are secure and safe. Mr. Mehmood Mohiuddin stated they were inspected about one -and -a --half months ago.He has the inspection report from then.They went into the ground to check to see if there was any leakage.He would be happy to provide that information for them.When he contacted the Arizona Department of Environmental Quality he was told there are 137 gas stations closed in Phoenix.Their requirements are to make sure to siphon the gas out, pour sand in it and then cover it. They must send a dirt sample to a laboratory in Georgia.They will send a report to Arizona Department of Environmental Quality to advise if there are any concerns.They will be REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 14 OF 31 contacted if there are any concerns.They are not required to take the tanks out. Councilmember Waldron asked that he provide that information once he has it that shows the lab results are good and things will not be a problem. Mr. Mehmood Mohiuddin agreed. Councilmember Waldron commented if they put lights on the end of that building, there is a street that comes by that creates a triangle at the Elks Club.If the lights are up on that building, they will be directed to people coming towards the Dash In on that street. He is not sure it is a good idea. Mr. Mehmood Mohiuddin stated they should be fine.That is where Rudy stated they should put the lights up.They will be pointing the lights down to the arena or they will only install the lights in the four corners to light up the arena.They would not disturb any traffic. Councilmember Waldron commented he thought the latter would be the better option. Mr. Mehmood Mohiuddin agreed. Councilmember Barker commented he asked a question earlier about their building on top of that before they get the clearance from the lab tests. Mr. Mehmood Mohiuddin stated they are not building the arena on that site. Councilmember Waldron asked what they are putting on top of the tanks. Mr. Mehmood Mohiuddin stated it will be asphalt. Councilmember Waldron asked if Arizona Department of Environmental Quality requires the results of the tests to come back before he does the asphalt. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 15 OF 31 Mr. Mehmood Mohiuddin stated they do not. Councilmember Waldron commented they do not care. Mr. Mehmood Mohiuddin stated they already did the tightness test and the leakage test about a month ago.They have the results for that.He took those results to the Arizona Department of Environmental Quality.He advised them they are taking the gas station out entirely.He asked what their requirements are and if he needs to take the tanks out.They said all he needs to do is take the pumps out, cap off the plumbing completely and send the dirt sample. Councilmember Waldron asked him to provide the city with the letter or whatever the Arizona Department of Environmental Quality sent him.They need where it says that everything is good. Mr. Mehmood Mohiuddin agreed. Councilmember Waldron asked that he send it to Rudy. Vice Mayor Dietz asked if the gentleman putting this on is leasing the arena from him.This is the guy from the other place. Mr. Mehmood Mohiuddin stated his name is Mark and he is not leasing anything.He is a local guy and a bull rider.He works with a few people that do bull riding.He wants to bring this type of entertainment to Apache Junction because we are considered a cowboy town, a western town.Cave Creek is no longer considered a western town.It is almost Scottsdale and a city.It would fit perfectly in this town. Vice Mayor Dietz commented he is just giving you information.He is helping out.He asked if he would be the one providing the bulls. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 16 OF 31 Mr. Mehmood Mohiuddin stated that is correct.He introduced him to his friend John.He used to ride the bulls with him; he is not sure he still rides.John will be providing bulls as he does to Rawhide and Buffalo Chip. He was told John is the one to talk to if any have any questions about the bulls.Mark can answer any questions on the bull riding. Councilmember Waldron asked if he has a signed parking agreement with the Elks. Mr. Mehmood Mohiuddin stated they had their meeting and they sent him a letter.They voted on it and gave him the go ahead to use their parking lot for overflow parking.The trustee's name is Greg Gilley. Councilmember Waldron asked if he has a written agreement other than the letter. Mr. Mehmood Mohiuddin stated he does not. Councilmember Waldron asked if he would have one. Mr. Mehmood Mohiuddin stated he will ask them for some type of agreement if the council wishes to have one. Councilmember Waldron commented they need some guarantees on the overflow parking as the parking is a problem. Councilmember Barker commented not only does the council need guarantees, but Mr. Mohiuddin needs the guarantees.He needs it in writing as to the amount they want per month and a time on it so that he knows at what time he would have to renegotiate it.Otherwise, they can tell him to forget it. Mr. Mehmood Mohiuddin stated he does not think he is expecting that many cars to be parked out there.He is not even expecting 500 cars in the restaurant. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 17 OF 31 The south side parking lot can handle 50 to 60 vehicles.The gas station business is so slow he had almost lost the business. They are trying to figure out what they can bring in to generate revenue so that they do not lose the property. Councilmember Barker asked if he already has tables outside. Mr. Mehmood Mohiuddin stated there is nothing over there right now. Councilmember Barker asked if he was going to be putting some out there. Mr. Mehmood Mohiuddin stated he has a back patio at the Hitching Post where there are a few tables outside.If the council approves this he may put 4 or 5 more tables in the back patio location. Councilmember Serdy asked if this arena has the same dimensions as the Buffalo Chip arena. An unknown male in the audience stated it is very similar in dimensions to the Buffalo Chip arena.It is not a regular rodeo arena; it is very small. Mr. Mehmood Mohiuddin stated it is like 45' to 48' wide. Councilmember Barker asked if someone can get off a bull and run to the side fast enough in something that small. Mr. Mehmood Mohiuddin stated Buffalo Chip has about the same size arena and they have been doing that for several years. Mayor Insalaco commented he is inclined to go along with the police department.He asked if he would be willing to put in a deceleration lane on the highway. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 18 OF 31 Mr. Mehmood Mohiuddin asked if he meant on his property. Mayor Insalaco stated that is correct. Mr. Mehmood Mohiuddin stated he would be happy to put in a deceleration lane to slow down traffic.He does not see a problem with that. Mayor Insalaco asked if he knew what the price of that would be. Mr. Mehmood Mohiuddin stated he would just have to put a lane over his property.The event is going on at night time.He suggested they travel on that road after 7:30 p.m. or 8:00 p.m. and see there is hardly any traffic on the road at that time.In the daytime there is a lot of traffic; they are going to Tortilla Flats, Goldfield Ghost Town and the Mining Camp.His events will start after 8:00 p.m. and there is hardly any traffic on the road when the sun goes down.No one is going in that direction because it is dangerous to drive that road when the sun goes down.Tortilla Flat and Goldfield Ghost Town are closed. Councilmember Barker commented this is an amendment to an amendment so there is a charge for this. Mr. Mehmood Mohiuddin stated he received an email from the city today requesting $2,500.He wanted to bring before the council that they are trying to survive and trying to make a business happen.They are changing this stuff to possibly survive.He asked council if they would waive the fee or discount it.He will go along with whatever they can do. Councilmember Barker, commented they have been here and done this before. Mr. Mehmood Mohiuddin agreed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 19 OF 31 commented multiple times. Councilmember Barker Mr. Mehmood Mohiuddin agreed. Mayor Insalaco asked if he remembered the price that the council waived before. he did. that price was. $67,000. Mr. Mehmood Mohiuddin stated Mayor Insalaco asked what Mr. Mehmood Mohiuddin stated Mayor Insalaco thanked him. Councilmember Barker commented this is a drop in the bucket. Mayor Insalaco commented he thinks the city has gone above and beyond to help him with his business.He came up with the same thing last time. Councilmember Wilson commented even though the council gave him that discount, it ended up costing the city because funds had to be transferred to cover that cost.It was not a wash for the city.The city had to invest that money. Mr. Mehmood Mohiuddin stated he would pay the $2,500.He would have no problem paying it. Vice Mayor Dietz commented they are not voting on this tonight. Mayor Insalaco stated they are not.This is for discussion only. Councilmember Barker commented they are looking at the possibility of his putting in REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 20 OF 31 a bull ring, which looks very small to her especially in comparison to the video, as they have 10 people in there plus a bull and it seems like a lot more than 45 feet.There will be portable lighting which will be downward so as not to distract traffic on either street with only the existing lighting for people who are walking around there.They will have a manned security gate.There will be no outdoor service.He may or may not put up additional tables depending on how much business he does there.He has an agreement with Zion for $250 a month to have a tentative lease agreement for overflow parking with the Elks.He needs to add several more handicapped lanes.They are still very concerned about the pull off land on the state route. They are very concerned about the lighting hitting the people in Lost Dutchman.She is concerned about small children and not enough lighting around that bull pen. Councilmember Wilson commented he drives this area quite often.They will have people parking on the north side at the Elks Lodge.People will be crossing there to come to the facility.It is a dark area. They should plan to put a light up on the corner so that not only the people crossing the road can see but people driving up to that intersection will be able to see people attempting to cross the intersection. Mr. Mehmood Mohiuddin asked if he meant a light on the corner of Lost Dutchman and State Route 88. Councilmember Wilson commented no, it should be all the way on the east side. Vice Mayor Dietz commented it will be right where they bring in the animals. Mr. Mehmood Mohiuddin stated okay. Councilmember Wilson commented it is dark there where someone is coming across from the Elks. Mr. Mehmood Mohiuddin agreed. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 21 OF 31 Councilmember Barker commented it is an accident waiting to happen. Mr. Mehmood Mohiuddin stated they can install a light over there if needed so that people can see. City Clerk Kathleen Connelly asked if Councilmember Barker included Councilmember Waldron's request for the information from the Arizona Department of Environmental Quality, the confirmation on the progress. Councilmember Barker asked if he wanted that confirmation before any movement was made on this. Councilmember Waldron stated that is correct. Vice Mayor Dietz commented they would also like a copy of the lease. Councilmember Barker commented they need the paperwork for the Elks lease, Arizona Department of Environmental Quality and also that the Arizona Department of Transportation is okay with this.She would like that in writing from Arizona Department of Transportation. Vice Mayor Dietz asked if there is a requirement for the amount of restrooms or port -a- potties or anything.He did not see anything on here. Senior Planner Rudy Esquivias stated there are port -a -potties indicated on the plans and the restrooms are in the restaurant and Dash In. Vice Mayor Dietz commented he was asking if there was a requirement for a certain amount of restrooms for 500 people or 200 people. Senior Planner Rudy Esquivias stated he did not indicate a need for additional port -a -potties REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 22 OF 31 as long as people have access to a restroom.At Buffalo Chip they have two port-a—potties but that facility is very large. Mayor Insalaco commented he is still going over the police report and the entrance to the Dash In has no paved slowing lane for traffic off of the state route.He wanted to bring that to his attention.He closed the item with no further discussion and went back to Item Number 8. PUBLIC HEARINGS (continued) APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC )City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Dietz commented the diagram sits a bit different. Councilmember Barker commented they need a plan that shows everything and gives the size, shape and scope. Mayor Insalaco requested the applicant address the council.He commented the plan is not acceptable. City Clerk Kathleen Connelly stated he would also need that, unless the council is satisfied with the drawing. Mayor Insalaco commented he is not satisfied with it. Councilmember Barker commented hence the reason why they keep asking how big it is and how much room is there.They do not know. Vice Mayor Dietz asked if the diagram he did by hand is the one he is sending in. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 23 OF 31 Mr. Mehmood Mohiuddin stated that is the first one.They have been planning. Vice Mayor Dietz asked if that is the one he will be sending in with the application. Mr. Mehmood Mohiuddin stated that is correct. Vice Mayor Dietz commented that one does not cut it.He thinks they should hold off on this until they get all the answers and everything for the other and do it together. Mayor Insalaco 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.There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT WE CONTINUE THIS ITEM TO MARCH 5TH AND THAT THE DEVELOPER BRING US LETTERS FROM ARIZONA DEPARTMENT OF TRANSPORTATION AND ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY SO THAT WE ARE SURE THAT THEY HAVE CLEARED BOTH OF THEIR AREAS, AND THAT WE GET A LEASE LETTER FROM ELKS, AND THAT WE GET A DIAGRAM THAT ACTUALLY SHOWS THE DIMENSIONS AND IS MORE EXPLANATORY THAN WHAT WE HAVE. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. (During the vote Councilmember Serdy commented he applauds the concept on this and would like to see it happen.It would add to the atmosphere of the town.He would like to see the bugs get worked out of this.He would like to see more detail.) The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 24 OF 31 DIRECTION TO STAFF WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION ) )Business Advocate Janine Solley briefed the council on the item. Councilmember Barker commented on the downtown side she has maintained enhanced, available, commercial properties inventory. Business Advocate Janine Solley stated that is correct. Councilmember Barker commented this is something she is doing on both sides. Business Advocate Janine Solley stated that is correct. Councilmember Barker commented a lot of these cross over, which kind of shrinks the work. Councilmember Waldron commented using the Economic Development Action Plan and Team report is an excellent decision.It is a great document and a great bunch of people.She indicated she would coordinate with a unified business voice and she listed several of them.He thinks it is a good idea but asked how she is going to do that. Councilmember Barker asked if she could consolidate this. Business Advocate Janine Solley stated she thinks that if they can share their vision clearly with the business community, and get some of them to come on board, that may go a long way.We get a little bit fragmented when we have different groups that pop with actually similar goals.Her dream is to find that unified voice. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 25 OF 31 Councilmember Barker commented she needs to consolidate these groups if it is possible.Otherwise she has meetings with one group that brings up these ideas and thoughts and she discusses them with that group.The other group does not have the advantage of hearing those.The ability of being able to bounce their ideas off each other is not there and she is having to, in effect, re -invent the wheel every time she goes into a different group. Business Advocate Janine Solley stated many times they find a crossover. Councilmember Waldron commented there is a tremendous amount of crossover.It is just getting those groups together. Business Advocate Janine Solley stated it would be more efficient. Councilmember Barker commented they all have slightly different emphasis in what they are looking at and getting all of those ideas in the same room would take hours.After those initial hours, it would be a real interesting group of information to try to boil down and come up with something.She liked the work plan. Councilmember Waldron commented he found it really comprehensive.There was not a lot of fluff in between. Councilmember Barker commented she liked what she had done there.She had taken their thoughts and ideas and put them in writing. Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE WORK PLAN FOR THE PROPOSED AREAS OF FOCUS FOR ECONOMIC DEVELOPMENT IN APACHE JUNCTION:THAT THE PROPOSED ECONOMIC STRATEGY MOVE AS IT IS WRITTEN; AND THAT JANINE MOVE THROUGH IT AND GET THOSE SHORT TERM GOALS PRIORITIZED, ESPECIALLY REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 26 OF 31 MAINTAINING AND ENHANCING THE AVAILABLE COMMERCIAL PROPERTIES INVENTORY.THAT IS SO IMPORTANT. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. PROCESS FOR OBTAINING A PERMIT FOR A SPECIAL, COMMUNITY OR PRIVATE EVENT )Business Advocate Janine Solley briefed the council on the item. Councilmember Waldron commented he answered yes to all of them.He asked, after reading through the definitions, if there had been a problem with some of that in the past or is this just kind of a reassignment issue. Business Advocate Janine Solley stated she thinks there has just been some questions about people who may have been contacted and they see it as normal, it is not really a promotion of their business and not necessarily a special event where we are requiring a permit. They do not feel it is really outside their normal business activity.There has been a little confusion.Staff asked itself the question of what is the value added if we are requiring a permit.The value added is we are making sure that we are addressing health and safety issues.Things outside of that left relevant do not really need our involvement if there are not health and safety issues. Councilmember Barker commented she is happy they are talking about the online wizard. When we went through this earlier this year, it was amazing to be able to start tearing down what was or was not a special event.That will work out really well once people get used to it and understand it. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 27 OF 31 Councilmember Wilson commented he thinks it will release a lot of the fear of trying or the fear of actually putting something on.They are afraid of some hurdles that could not be overcome. Councilmember Barker commented it is also a timesaver.Some of the people we talked to were concerned about leaving their business establishment, spending hours at a counter, filling out tons of paperwork, et cetera, in order to have what they considered a fairly small, fairly routine thing.Hopefully this will offer a convenience. Councilmember Waldron commented he also likes the single point of contact.Years ago, when he got involved in the Veterans Day Parade, he had to go between the police department and development services.There was some confusion.Now it is a single point, but for many years it was not.It was very confusing and frustrating. Vice Mayor Dietz agreed that the single point of contact is very important. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROCESS FOR OBTAINING A PERMIT FOR A SPECIAL, COMMUNITY OR PRIVATE EVENT: 1)REDEFINE AS NECESSARY THE TERMS SPECIAL, COMMUNITY AND PRIVATE EVENTS AS THEY APPEAR IN THE CITY CODE IN ORDER TO CLARIFY AND SIMPLIFY THE EVENTS PROCESS; 2)CLARIFY THE PROCESS AND ESTABLISH CRITERIA AND QUALIFYING CONDITIONS THAT WOULD REQUIRE AN EVENT PERMIT, INCLUDING BUT NOT LIMITED TO, PRESENCE OF VENDORS, TAXABLE ACTIVITIES, ALCOHOL SALES AND ISSUES INVOLVING PUBLIC HEALTH AND SAFETY; 3)CREATE A SINGLE, UNIFORM APPLICATION PROCESS THAT CAN BE USED FOR ALL EVENTS INCLUDING A SEPARATE LIST OF CITY RESOURCES AND/OR SERVICES THAT ARE AVAILABLE FOR AN ADDITIONAL FEE SHOULD THE EVENT APPLICANT WISH TO DO SO.THIS EVENT APPLICATION REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 28 OF 31 PROCESS WILL NOT BE A SUBSTITUTION FOR A TAX LICENSE OR OTHER LICENSE REQUIREMENTS AS OUTLINED IN THE CITY CODE CHAPTER 8 AND THE CITY TAX CODE; 4)CREATE A PROCESS UTILIZING A "SINGLE POINT OF CONTACT" THROUGH WHICH THE EVENT APPLICANT DEALS WITH ONE PERSON ON CITY STAFF AND THIS STAFF PERSON IS RESPONSIBLE FOR THE SEAMLESS COORDINATION OF CITY DEPARTMENTS AND THE FIRE DISTRICT WHEN AN EVENT PERMIT IS REQUIRED; 5)PURSUE TECHNOLOGY THAT WOULD ALLOW AN ONLINE "SPECIAL EVENTS WIZARD" OR SIMILAR PROGRAM THAT WOULD ENABLE EVENT APPLICANTS TO USE THIS ONLINE TOOL TO DETERMINE IF AN EVENT PERMIT IS NEEDED; AND 6)RETURN AT A FUTURE DATE WITH FURTHER DISCUSSION AND RECOMMENDATIONS ON FEES FOR TEMPORARY EVENT -RELATED LICENSES BASED ON WHAT IS ALLOWED BY APPLICABLE STATE LAW AND THE MODEL CITY TAX CODE PENDING CHANGES IN THIS AREA DURING THE CURRENT LEGISLATIVE SESSION. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz commented there will not be an executive session or work session on Monday, February 18, 2013, because of the observation of Presidents Day.He MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON TUESDAY, FEBRUARY 19, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 29 OF 31 The motion carried. CALL TO THE PUBLIC: Mr. Jeff Watson, 2140 N. Warner Drive, Apache Junction, addressed the council to thank everyone for their help in getting the horse Destiny to her new home and to announce that Superstition Horsemens Association is hosting a candidate meet and greet on Wednesday, February 13 at 7 p.m. at the boys and girls club. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8:35 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 15, 2013. ACCEPTED THIS 19TH DAY OF FEBRUARY, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF FEBRUARY, 2013. N S. INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 30 OF 31 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 5th day of February, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of February, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 2013 PAGE 31 OF 31