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HomeMy WebLinkAbout2013-03-05 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MARCH 5, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on March 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 Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Assistant to the City Manager Matt Busby Others Present:City Magistrate James Hazel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 1 OF 31 ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE COMBINE AGENDA ITEMS 6 AND 7, AND SUSPEND THE VOTE ON AGENDA ITEM NUMBER 6 UNTIL AFTER THE VOTE ON AGENDA ITEM NUMBER 7. Vice Mayor Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Assistant to the City Manager Matt Busby gave an update on the current state legislation that may affect local government. Assistant to the City Manager Matt Busby introduced Representative Doug Coleman.Representative Coleman discussed legislative items of importance to the city. Councilmember Barker asked what the feeling is on the LTAF bill. Representative Coleman stated he believed there is a desire on the part of most legislators to try to restore the funding that has been swept in the past.They need to make sure everyone hears that message.He was surprised how many people there have municipal ties.They understand the city positions and how things work at the city level.There are others that honestly believe there are only two levels of government - federal and state - and that state government is supreme to everything. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson read an announcement from Ed Grabak, District Manager for Superstition Mountains Community Facilities District, regarding guidelines to help the sewer district to further their composting of excess byproducts from facilities. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 2 OF 31 Councilmember Evans announced last weekend there was a huge state land clean-up effort with Pinal Partnership Open Space Committee, the parks and recreati9n department and Superstition Area Land Trust from Meridian to Delaware on Lost Dutchman. CITY MANAGER'S REPORT City Manager George Hoffman read letters on the Superstition Sleepover and another complimenting the parks and recreation department, and commented on building the relationship with the Chamber of Commerce. PUBLIC HEARINGS APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC/DISCUSSION ON A PROPOSED SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY AND OWNERS OF THE HITCHING POST )City Clerk Kathleen Connelly briefed the council on the permanent extension of premises item. Mayor Insalaco requested the applicant address the council. Mr. Mehmood Mohiuddin commented at the last meeting the council requested some supporting documents from Arizona Department of Transportation and the Arizona Department of Environmental Quality.They have been provided to the city and should be in the packet.He added additional documents on the traffic at daytime and nighttime. He would like to have the business extension and would be bringing more employees into the city.They will generate more revenue for the business and be successful in this town.He thanked the council for its help and appreciation in the past. He is trying to figure out the best way to generate revenue. The gas station no longer exists and they are trying to figure out how to survive. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 3 OF 31 Mayor Insalaco opened the public hearing on the item. Mr. John Hetzel, 3709 E. Derringer Way, Higley, addressed the council.He is the stock contractor that will be providing the cattle for this if the city passes it.He would like to answer any safety questions or others regarding this issue. Councilmember Barker commented in reading his letter, he mentioned that the format for this is used at four other places.She asked what the area around those venues is like, such as open space or high traffic. Mr. John Hetzel stated most of the places, like the Buffalo Chip, have businesses surrounding them.The Buffalo Chip is on Cave Creek Road, which is a pretty busy highway.They seem to be doing fine.They do not have any turning lanes or anything like that.He also fights bulls and goes up there to fight bulls. Mayor Insalaco asked if the ring was located on the property near the street, in the middle or towards the back of the property. is closer to the back. is not near the highway. not. Mr. John Hetzel commented it Mayor Insalaco commented it Mr. John Hetzel stated it is Councilmember Serdy asked if it is always in the evenings or is it in the daytime. Mr. John Hetzel stated they are in the evenings. Councilmember Evans asked if any of the other venues back up to a residential district at all. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 4 OF 31 Mr. John Hetzel stated there are a couple of houses in the surrounding area of the Buffalo Chip.They are up on the mountain. Councilmember Evans asked if they are right across the street. Mr. John Hetzel stated they are not.It is all businesses for the most part.There is another place in New River, the Roadrunner, that has houses around it.Rawhide is out by itself, but they also did the bull riding at Rawhide when it was in Scottsdale.There were quite a few homes around that, too. Councilmember Serdy asked if they have six foot fences or higher. Mr. John Hetzel stated usually for bull riding the fence is about 6 feet. Councilmember Serdy asked if it would be a hindrance if the fence was higher.He asked if people would still be able to watch it.Last time there was some concern about the height of the fence. Mr. John Hetzel stated if they go to any website that makes rough stock panels or portable arenas for rough stock, the panels are made at 6 feet.Seven foot fences can be specially ordered. Ms. Theresa Falzone stated she believes they should do everything they can to help the Hitching Post stay in business.They need to stop nitpicking at things so that we can keep him in business, add the employees and get the revenue. Mr. Slim Meyer, 2200 N. Delaware #49, Apache Junction, addressed the council.He thinks that with the old west history around here and the number of people who love bull riding and horses, the bull riding would be a good thing for the city.It would be something to keep the Old West alive.Some of the other towns around are losing some of their Old West history.He thinks it would benefit the city REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 5 OF 31 and keep it on the map.It would make the city a place to visit for winter visitors and people across the country. Mr. Mark Therins, 4979 E. Pioneer, Apache Junction, addressed the council.Anything we can do to enhance everything about the city will bring people, money and jobs to the city.He thinks they, as a city, need to do anything they can to enhance the city.It is not acceptable to a lot of people to say they cannot do this at this time.He is a tour bus driver and the people on his bus think Apache Junction is the top of the world.He listed the various attractions in the area. Mr. Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council.He stated some decisions are not easy and this is a tough one.He encouraged them to base the decision on facts, rule of law and how the applicant fulfills those.It is not a popularity contest.If the applicant meets all the criteria that the city has required, he should have every opportunity to succeed or fail.He lives out there and it will be a distraction, and distractions are a problem.Distractions cannot be eliminated.Traffic accidents are drivers' faults.They need to look at this issue only and make the decision based on that. Mr. Mark Theisman, 2395 N. Cortez, Apache Junction, addressed the council.He lives directly behind the Hitching Post.He is a frequent customer and wishes them luck.However, he and his neighbors are concerned about the parking.He may not be able to leave his house because of cars parked in the front yard because of overflow.They are also concerned about the noise factor and he asked what the hours would be for the band to be playing.He has read the band will be playing inside and the bull riding will only take place for 20 minutes during intermissions.He wanted to be know if they would have free rein to stay open until 2:00 a.m. or 3:00 a.m.He thinks it is a wonderful thing and it could be a good thing if it is managed correctly. However, none of them want to see their property values go down and he does not want to see a war start between the neighbors and the Hitching Post. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 6 OF 31 Mr. Jim Kunkle, 2304 N. Cortez, Apache Junction, addressed the council.He represented the storage facility.His concerns are sanitation, trash and parking.His clients will need access to the storage facility. The main traffic times are weekends, early mornings and late at night.He is afraid traffic will block access to his facility. They are just east of the Hitching Post.The Hitching Post business may interfere with his business, but he believes they could be compatible in the future.He does not think rodeos belong there. Mayor Insalaco closed the public hearing with no one else wishing to speak.He opened the items to further discussion. Councilmember Barker commented Rudy Esquivias did a follow up after the last meeting. According to that follow up, Mr. Mohiuddin stated that he had talked to the Elks about the council's request for a more formal lease agreement for parking, but because of their nonprofit status the Elks cannot enter into a lease agreement as it would be a for profit activity.She asked if he has a lease agreement. Mr. Mehmood Mohiuddin stated they do not want to provide a lease agreement because they would be generating revenue and defeat the purpose of a nonprofit organization.The Hitching Post and Elks Lodge work together on several charities; that is why they allow us to park the vehicles over there. Councilmember Barker commented they are not going to pay for this. Mr. Mehmood Mohiuddin stated they are not. Councilmember Barker commented he has a letter here that says the Elks Lodge has agreed to lease to the Hitching Post the lower parking lot. This can be terminated at any time.There is no time limit on this.They could terminate this tomorrow and he could not do it anymore.She asked if that was correct. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 7 OF 31 Mr. Mehmood Mohiuddin stated the wording is possibly for the lease mentioned.He is not sure why because they told him that anytime they have overflow parking they will be allowed to park there.When they sent the letter, they put the lease on it. Councilmember Barker asked if he could see her concern.If they are just saying go ahead and use their parking spots, and tomorrow they say they say their members do not like it and are not happy with what is going on, then he loses that parking. Mr. Mehmood Mohiuddin stated that is correct. Councilmember Barker commented it could be overnight during the bull rides - gone. The second question deals with Mr. Kunkle's area.When she spoke with him last, he said he was seriously thinking of terminating his agreement due to the change of venue.She asked if he had spoken with him today. Mr. Mehmood Mohiuddin stated he had not spoken with him.They have been leasing his lot for the last two years.There are always empty parking spots by the entrance gate.There is no traffic and no parked cars.Traffic goes in and out from their facility.They have not had any problems for the last two years blocking their gates or their access. Councilmember Barker commented that is not what she has been told.She has a problem here.If Mr. Kunkle decides to terminate that parking lease, he has no way near the number of parking spaces he will need for this kind of enterprise.He needs parking spaces. Mr. Mehmood Mohiuddin stated that is correct.He wanted to bring to the attention of the council and the city that he is rolling the dice for this business.He does not know if he will have 20 people or 100,000 people.They are guessing about the issue.If the parking lot issue comes up, he is in business on that location.The city and police will be watching.If there is a problem that comes REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 8 OF 31 up in the future, he will figure out how to fix the problem in order to have people come again.He is hoping he can fill up 2 or 3 parking lots, but he does not know that.He is rolling the dice for his business to be successful in this place. Mayor Insalaco asked where the parking lots are going to come from. Mr. Mehmood Mohiuddin stated he will purchase them.If he sees that he cannot handle it, he will close it down.He has no other location. Mayor Insalaco commented he stated he would close it down.Once the council grants the liquor license, it is in place forever, whether the bull ring is there or not.The extended liquor license would be for that whole area and people can be walking around with a bottle in their hand.He has a problem with that. Mr. Mehmood Mohiuddin stated then they do not have to extend the liquor license to the bull riding arena.He will not have people drinking in that area. He will enclose the drinking at the back on his property.He can put a sign up stating no alcoholic drinks beyond this gate. Mayor Insalaco commented he stated he had documents from Arizona Department of Environmental Quality.He has not seen anything. Councilmember Barker stated they are in the back of the packet, but she has some questions about them.According to these documents in Section 14, it says that tanks 1 and 2 are temporarily closed.Temporarily is the operative word.There is no extinction for them to remain temporarily closed.She is confused and she will be nitpicky. It is her job.Her job is to be nitpicky when it comes to safety, environment, et cetera.She asked if these are truly temporarily closed or are they permanently closed.According to the documents it is temporary. Mr. Mehmood Mohiuddin stated Arizona Department of Environmental Quality requires the tanks to be siphoned out and filled them up with carbon dioxide. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 9 OF 31 There are no fumes left for someone to light up a cigarette and have the fumes burn down anything. Councilmember Barker commented she can see that. Mr. Mehmood Mohiuddin stated they can fill them with sand or foam and then they cap the tanks.Then Arizona Department of Environmental Quality will go back and check the records for 10 years to see if there was any leakage on those tanks.If they have no record of leakage during the inspections, which are done every six months, then environmentally they have completely passed the tests.It is then up to Arizona Department of Environmental Quality, for 2 years, 5 years or 10 years, they can come back and check it again.They can dig up the ground in the surrounding area to take out dirt samples to determine if there is any leakage or any fumes found.They send them to the lab.If they find out there is a problem they will take the tanks out and they provide a solution for how they are going to fix it.If there is no leakage or anything going on, Arizona Department of Environmental Quality does not have any concerns after that. They will then issue a letter that it is permanently closed. Councilmember Barker commented he appears to be saying that the label of temporary is up to Arizona Department of Environmental Quality, not him. Mr. Mehmood Mohiuddin stated that is correct. Councilmember Barker commented they will continue to check to make sure they are environmentally safe.If they have a problem at some point, then he, not Arizona Department of Environmental Quality, would have to dig them up. Mr. Mehmood Mohiuddin stated that is correct. Councilmember Barker commented she now understands the forms that he submitted. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 10 OF 31 Mayor Insalaco commented he will be putting a fence up around the outside. Mr. Mehmood Mohiuddin stated that is correct.There will be a fence around the outside, not the bull ring. Mayor Insalaco asked how high the fence would be. Mr. Mehmood Mohiuddin stated whatever the city feels is safe; it could be 7 feet or 8 feet. If the fence is not sufficient, he could put up a block wall. It will be whatever the city feels would be safe for the traffic and the public. Councilmember Serdy commented he said that if it does not work he would shut it down.He asked if he would be shutting down the whole business. Mr. Mehmood Mohiuddin stated if it does not work there is the possibility he would be closing his doors for both locations, the Hitching Post and the Dash In. Councilmember Serdy commented there would not be an open liquor, license there. Mr. Mehmood Mohiuddin stated he would have to sell his liquor license or the state will put it on the shelf.There are four types of licenses available in Pinal County.There is nobody opening up restaurants and bars. For example, Garfield's closed down about a year ago.Another closed down and burned out; they are now reopening it again.He met with the owner of Spirit yesterday.He had called to ask if he wanted to purchase his equipment as March 31 is his last day; he is closing the business.He offered his tables and chairs and any of his equipment.The economy is so bad people are not surviving.Businesses are shutting down.Licenses are available.The licenses used to cost $70,000 to $80,000.Now a license needed to open a business can be bought for $15,000 or $20,000.No one wants to open up those businesses anymore. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 11 OF 31 Mayor Insalaco commented he is saying that he is depending on the bull ring to keep him in business. Mr. Mehmood Mohiuddin stated he is hoping.He is rolling the dice on that. Mayor Insalaco commented he is not charging admission. Mr. Mehmood Mohiuddin stated he is not charging admission.He wants to bring the people in, have them watch the bull riding, purchase food and drinks and bring his revenue up. Mayor Insalaco commented there will be three 20 -minute breaks a night. Mr. Mehmood Mohiuddin stated that is what he was thinking about.They could also set it up to start at 8:00 p.m. for one hour of bull riding or forty-five minutes of bull riding.After that they are done, everything is cleared and they have the regular business that they normally do on the weekends. Councilmember Serdy asked if this is going on every night. Mr. Mehmood Mohiuddin stated it will only be on Saturday nights. Councilmember Waldron asked if he would address the legitimate concern of the neighbors behind the business.He asked how it would be mitigated so that they would not have their home life disrupted. Mr. Mehmood Mohiuddin stated their concerns are valid.There will not be any music played outside so there will not be loud music bothering the neighbors. It will be inside as it normally is throughout the week.The bull riding 8:00 p.m., 8:30 p.m. or 8:45 p.m. for just one hour. That should be enough time and people would not be sleeping at that time.They do not want to bother the neighbors.They have REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 12 OF 31 been there for three years with music and have never had a complaint about the noise.If they are concerned or there is a problem, they will fix it.They will make sure the neighbors are satisfied and have no problems.He will personally go back and talk to those neighbors to see what they need and what should be done to make sure that they are not bothered by this. Councilmember Waldron commented he would have hoped that he had already talked to them by now. Mr. Mehmood Mohiuddin stated there are several people who live. behind it.They came to him wanting him to start a petition to sign.He refused, •stating he was not going to fight or petition against something.He is there to survive and if there was anything he could do to help them or make things more comfortable for them, he would do so. He is not against anybody.He is there to make his living and that the people of Apache Junction are happy with that.If they have any concerns, he will take care of them. Councilmember Waldron asked if there are sufficient parking spaces for the businesses that exist today without the Elks and without the parking from Zion's. Mr. Mehmood Mohiuddin stated they lease the parking area right now during the winter season. Councilmember Waldron commented he does not care about cars, he cares about spaces. He asked if there are sufficient spaces to meet city code without the additional parking lot. Mr. Mehmood Mohiuddin stated they do now, but when they open the bull riding arena he cannot say how many they will have. Councilmember Waldron asked the senior planner if there are sufficient parking spaces for the business without the Elks and without Zion's. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 13 OF 31 Senior Planner Rudy Esquivias stated the development agreement that was approved based on the site plan had 38 parking spaces that were intended for the use of Dash In and the Hitching Post Restaurant, and that was with an administrative 10% reduction from the number that would normally be required. Vice Mayor Dietz commented they have already dropped that 10%. . Senior Planner Rudy Esquivias stated the proposed site plan that includes the bull riding arena deletes about 18 of those parking spaces.Unless there is parking made up elsewhere it would be quite deficient from the normal parking standards. Councilmember Waldron commented parking is going to be an issue.He does not have anything from the Elks saying he gets so many parking spaces. He is eliminating 18 parking spaces and this is a concern.Now we come back to the neighborhood.He has people parking in the neighborhood and wherever else.If he loses those from Zion then he does not have adequate parking space for the bull riding arena.He would be down to 20 spaces.That is a concern. Mr. Mehmood Mohiuddin agreed that it is a concern.He has been using the lot at Zion's for three years.In the winter quite a few people come down and they fill about half of the Zion parking lot.That would be from 5 p.m. to 8 p.m.After 8 p.m. everyone has gone home.It is not a full-fledged bar.They are a restaurant where families come to dine.By 9 p.m. there is no one there.They can come and personally check it out.They close at 9:30 p.m.By 10:00 p.m. they are gone.They have business come in on the weekends. As soon as the winter visitors leave, March 15 through March 30, his business drops down 80%.For the remaining 20% they sit, keep lights on and the doors open.They then wait for the winter visitors to come back so they can make their revenue on them.They are trying to make revenue for the summer.That is their goal.That parking lot in the summer is completely empty. Hardly anybody parks in that location.He has filled that lot and the Elks' lot.They are doing his business a favor. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 14 OF 31 Councilmember Waldron commented with the bull riding arena he will be down to 20 parking spaces which is insufficient for the business.It does not meet city requirements, even counting the 10% reduction the city gave him for the requirement.The parking remains a problem. Mr. Mehmood Mohiuddin stated if the parking lot remains an issue, he understands that but so far he has a letter from the Elks and a signed lease from Zion. They have not had a problem for the last two years.He has a question for everyone.He believes he is being picked on for the parking issue. Mayor Insalaco commented he is not. Councilmember Barker stated he is not. Mayor Insalaco commented the man just said that if he changed the venue he would lose his parking.One does not have to have a college degree to understand that.If he changes the venue, the man said he would lose his parking.He has a letter from one trustee of the Elks. He knows better.One letter from a trustee is not going to do it.It has to go through the whole council.He does not have that.He has one letter from one trustee; that does not give him approval. Mr. Mehmood Mohiuddin asked if anyone had checked the parking problems for any other businesses. Councilmember Waldron commented the problem is the required number of spaces for the business.Every business is required to have so many spaces. Mr. Mehmood Mohiuddin stated that is correct. Councilmember Waldron commented his was reduced by 10%. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 15 OF 31 Mr. Mehmood Mohiuddin agreed. Councilmember Waldron commented without Zion, and not counting the Elks, he does not have sufficient spaces if he puts the bull riding ring in.As Supervisor House said earlier, fact is fact.The fact is he does not have enough spaces just to meet the city code. Councilmember Serdy commented as of right now he has Zion. Councilmember Waldron commented Zion has said they would withdraw. Councilmember Serdy commented but as of right now he has plenty of spots. Mayor Insalaco asked if they could ask Mr. Kunkle to come back up. City Attorney Joel Stern stated they may but they may also want to open it back up as he is a member of the public. Councilmember Serdy commented Councilmember Wilson has lost his voice and requested him to ask a question regarding the public address system.He wanted to know how loud it will be and how it will be directed.Although there will not be music, sometimes a public address system can be annoying.He asked him to explain how that might work. Mr. Mehmood Mohiuddin stated the small speaker is going to be on the fence at ground level. They are not installing huge speakers.They will be small speakers installed in the ground and they will be sound sufficient.They will make sure the sound is not going out to the neighborhood. Councilmember Barker commented she thinks it is important for the neighbor who came up and spoke to know that the intent is to only do this between 8 p.m. and 10 p.m.They are not looking at an all-night venue that would keep him up.That was one of the concerns voiced. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 16 OF 31 Mr. Mehmood Mohiuddin stated if it happens it will start about 8 p.m. Councilmember Barker commented it is only one night a week now. Mr. Mehmood Mohiuddin stated that is correct. Councilmember Barker commented it had been two. Mr. Mehmood Mohiuddin stated the other night is a practice night.There are no announcements or anything.They have not picked a day yet.It could be Wednesday or Thursday.The bull riders will just be practicing for one hour. Vice Mayor Dietz asked if there is like a circuit that they run where they hit different places, or is it a seasonal thing. Mr. Mehmood Mohiuddin stated that is correct.The bull riders submit their entry fees to the stockholders.On Friday night they ride at Buffalo Chips.They compete over there and the second and third place bull riders make $200 or $300, depending on the entry fee.It is 100% pay back.If they have Fridays at Buffalo Chips, they can then attract them to his place if they have it on Saturdays.Most of the bull riders go to Moonshine Willie's in Florence on Saturdays.They also have bull riding.He will not get every bull rider.He will just get local people like from Tempe, Mesa, Chandler and Apache Junction.There are about 10-15 from Apache Junction that compete. Mayor Insalaco asked how many riders he can get in an hour. Mr. Mehmood Mohiuddin stated they can get that information from the bull riders.He honestly does not know. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 RAGE 17 OF 31 Mayor Insalaco commented he was curious.He has an hour to, get everything set up.He reopened the public hearing on the item. Mr. Jim Kunkle asked if there was a rodeo venue about a mile away. Mayor Insalaco commented it is on Bureau of Land Management land and it cannot be used for private use. Mr. Jim Kunkle stated he understands that, he was just thinking about competition.He asked if that would be a better venue than up on the corner in front of his business. Councilmember Barker commented they cannot do it there. Mr. Jim Kunkle asked if they do not have rodeos there. Councilmember Serdy commented it can only be used for nonprofits due to Bureau of Land Management rules.Everything has to be donated. Mr. Jim Kunkle stated he was not talking about profit.He just wanted to know if that is a better venue than by the road up here. Councilmember Barker commented she is not sure that is completely accurate, not from being in front of his business but the venue itself.From what she understands from the letters they received and the people to whom she has spoken, the smaller ring is actually better for this kind of sport than the larger ring down at the rodeo grounds because it is safer to have them in a small ring than in a huge ring.She asked if his lease for parking was still in force. Mr. Jim Kunkle stated it is in force until the venue changes.When the venue changes, the agreement has to change. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 18 OF 31 Councilmember Barker asked if he was saying he will stop the parking or he will simply change the agreement. Mr. Jim Kunkle stated he and Mo have an agreement that the agreement will continue as long as the venue does not change.If either of our venues change, the agreement has to change. Councilmember Barker commented that is not written in the agreement.She asked if he was aware of that. Mr. Jim Kunkle stated they have a verbal agreement.He thinks Mo can bear that out.We agreed that the agreement would be open-ended unless either of our venues change.If Mo took over his business, he would have to get out.If he takes over Mo's business, he would have to get out. Councilmember Barker commented any business needs "x" amount of parking spots by city ordinance.She is trying to find out if he is saying that he will terminate the agreement period or will he simply change the agreement if he gets this new venue. Mr. Jim Kunkle stated the agreement will have to change. Councilmember Barker commented he is not saying that he would terminate the agreement. Mr. Jim Kunkle stated he would not. Councilmember Barker commented that was her question.That piece of property is still available, possibly at a higher price, but it sounds as though it may still be available to him even if the venue were to change. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 19 OF 31 Councilmember Serdy commented he had some concerns earlier about if there was trash and refuse then there would be a problem. Mr. Jim Kunkle stated he has sanitation concerns and wanted to make sure there would be sufficient porta-potties. Councilmember Serdy commented as long as there are no problems there would not be any parking problems.He is concerned about it, but if they manage those problems, he should have no problems. Mr. Jim Kunkle stated he managed clubs for 30 years and he knows that when you get a bunch of people drinking and having fun there will be trash and sanitation problems. Councilmember Serdy commented if they go out every night or morning and pick them up there would be no problem. Mr. Jim Kunkle stated hopefully that happens. Councilmember Serdy commented it is their responsibility to do that. Councilmember Barker asked if he is currently having problems. Mr. Jim Kunkle stated they are having minor problems.He thinks people are intentionally putting bottles, cans and trash in the rented spot, which is ours. Councilmember Waldron commented he will have sufficient parking spaces even if the venue changes. Mr. Jim Kunkle stated it depends upon how Mo wants to negotiate the agreement. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 20 OF 31 Councilmember Waldron asked what that meant. Mr. Jim Kunkle stated as we have agreed that when the venue changes the agreement has to change. Councilmember Waldron commented he understands that.He is curious because he needs parking spaces and it is an issue.He would hate to see this go through and then him lose the spaces that he has. Mr. Jim Kunkle stated that is entirely up to Mo and Z. City Attorney Joel Stern asked Mr. Kunkle if when he states venue he means the use of the property. Mr. Jim Kunkle stated he now has a pizza restaurant, bar and convenience store.The rodeo changes the venue. City Attorney Joel Stern commented that he means the use. Mr. Jim Kunkle stated that is correct. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Vice Mayor Dietz asked if anything would be done to address the police department's concerns.They did not recommend this going through because of public safety concerns.He does not know if anything is going to be done to take care of that or appease the police department.They are talking about the speed on Highway 88. Without a paved deceleration lane coming into the property there is injury potential.He thinks that is the main issue they have. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 21 OF 31 Deputy Chief Tom Kelly stated they discussed it further and the concerns they voiced before still stand.The main concern is the high volume of traffic back and forth.They can anticipate, but there is no saying it will happen and no saying it will not happen.They are concerned about public safety and accidents on the road and the multiple trailers coming in and how they will do it.There was some suggestion that they detour around but there is no way to do it.There is no way to insure that someone will drive a half mile around with any consistency.The traffic going north and south, up to the lake and back, is of concern.They have checked with Arizona Department of Transportation and they have indicated through the applicant that there is no need for the deceleration lane.That is all verbal; there is nothing in writing. Vice Mayor Dietz asked if he thought there should be one for safety reasons. Deputy Chief Tom Kelly stated he believes, from the review of the traffic side, the concern was about the vehicles slowing down to get into the arena area, unload the bulls or equipment, depending on what the traffic is. This is all anticipating how much will be in and out.It is all guesstimation.There could be 5 or 10 trailers or 100 trailers. There could be 20 people or 1,000 people.He does not know. Mayor Insalaco commented he is saying it will only be between 8 and 10 but the bulls will probably get there earlier when traffic is a little heavier. Deputy Chief Tom Kelly stated there is a lot of information going back and forth from what they were told that seems like a lot of speculation.It is what could, what should and what might.There is nothing stating the amount of trucks. Councilmember Barker commented the letter from the Department of Transportation states they have determined that at this time the proposed plan will not have an impact on our highway facilities in this area. Of course, they do not have to patrol the area. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 22 OF 31 Deputy Chief Tom Kelly stated they do not want to spend the money. Councilmember Barker commented any costs would have to go to the property owner. Arizona Department of Transportation reserves the right to review and comment on any and all development plans for the area as to any impact they may have on the state highways.Their process is laboriously long, we all know that.She commented to Rudy there appear to be quite a few things that are kind of out there.They talked about fences and he said he would build it seven feet high or whatever.She asked what the city requires. Senior Planner Rudy Esquivias spoke from the audience.He stated to amend the agreement it calls for a new, eight foot tall, screened chain link fence.It will require a permit and it will need to be engineered.Mr. Mohiuddin has indicated the fence company is providing a type of screening material that is acceptable for that type of fence. They are proposing an 8' fence basically on the Highway 88 side and on the Lost Dutchman side.The fences which contain the arena are interior to that 8' fence. Councilmember Barker asked if there is a specified height. Senior Planner Rudy Esquivias stated the interior fence is a 6' fence.They have a new item submitted after they were given the staff report.A rodeo consultant suggests a 7' fence immediately around the bull arena which would preclude the need for two, side -by -side, 6' fences. It is new information; what was proposed for the interior fences was two, 6' tall barrier fences. Councilmember Barker asked what kind of distance is between the two fences. Senior Planner Rudy Esquivias estimated three feet. Councilmember Barker commented there is 3' to 6' on the south. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 23 OF 31 Senior Planner Rudy Esquivias stated that is 8'6". Mayor Insalaco commented they will have an 8' fence all the way to the corner.He asked how people could see around it while driving. Senior Planner Rudy Esquivias stated the North Apache Trail right-of-way is actually wider than the paved surface itself. Vice Mayor Dietz asked what the right-of-way is. Senior Planner Rudy Esquivias stated it varies but he believes in that area it is about 100' to 150'.The existing planters will remain.The new fence will be located behind the corner planter. Councilmember Evans commented this is not an engineered plan. Senior Planner Rudy Esquivias stated that is correct. Councilmember Evans commented this is just a conceptual plan.The right-of-way can be different from what it looks like here. Senior Planner Rudy Esquivias stated they then get into the issue of what has been dedicated and what has not been dedicated.According to current assessor information, the right-of-way on Lost Dutchman is still a 33' federally patented easement.The street plan calls for an eventual 100' right-of-way on Lost Dutchman but that is more of an engineering question as to if they really need 100' of right- of-way in that area.The property has not been rezoned so the city has not had need or an opportunity to request additional right-of-way on Lost Dutchman.The right-of-way is Arizona Department of Transportation and is probably as wide as it will get.The question for the city is if the city will ever see a need for a 50' wide right-of-way or 100' wide right-of-way on REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 24 OF 31 Lost Dutchman where it heads into single family residential neighborhood. Councilmember Evans commented the city does not have a problem where the loading gate comes in off of Lost Dutchman. Senior Planner Rudy Esquivias stated they had a meeting in December with Mr. Mohiuddin and the city engineer and he expressed no concerns for the turning movement in that area. Mayor Insalaco asked where the trucks would be parked. Senior Planner Rudy Esquivias stated Mr. Mohiuddin stated once they are unloaded they will park in the Zion lot. Vice Mayor Dietz asked if the right-of-way on Highway 88 can be used as a deceleration lane. Senior Planner Rudy Esquivias stated that is Arizona Department of Transportation's call.The conversation he had with Ms. Mann was their comments are based solely on the site plans provided to them by Mr. Mohiuddin.It appeared to them that all the activity would be within the property lines.They did not see an impact to their highway facilities.However, if in the future they determine this to be an issue, they do have the right to address the issue.He specifically asked her what would be required to determine if a deceleration lane is needed.Similar to our own engineering requirements, a traffic study and warrant study would be done. Everything must be done by a civil engineer with recommendations made and the proper process gone through to determine if a deceleration lane is needed.Since it would be privately initiated, it would all be at Mr. Mohiuddin's expense.Arizona Department of Transportation does not have any plans now to do any additional construction on Highway 88. Vice Mayor Dietz commented that would cost some money. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 25 OF 31 City Manager George Hoffman asked if development services can readdress the parking issue if a business gets wildly successful once the city has issued its permits and is proceeding. Senior Planner Rudy Esquivias stated if it is a public safety issue they have some leverage. If they otherwise meet the minimum parking standard, that is basically what any business would be required to do. City Attorney Joel Stern commented the question is would it become a public nuisance, meaning public safety.To change a development agreement for that reason they would have to have actual incidents of things that had happened; things that were bad that they could point to.Otherwise he did not think they can go back and change it. He does not know if you could make a current restaurant in town that is wildly successful buy another parking lot.It would be a taking under the Arizona Constitution. Councilmember Waldron asked what issues still have to be addressed for this development agreement. Senior Planner Rudy Esquivias stated the adoption of a new site plan and a new item in the development agreement is the condition that if both of the offsite parking areas go away, then the bull riding activity would have to cease until such time as Mr. Mohiuddin procures shared parking elsewhere.They are the two items being proposed under this amendment. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker commented she does not have a problem with this facility but she does have a problem with the liquor license.She MOVED THAT THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OWNERS OF THE HITCHING POST AND DASH IN PROPERTY IN ORDER TO EXPAND THE DEVELOPMENT TO INCLUDE A BULL RIDING ARENA AND RELATED ACTIVITIES ON THE REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 26 OF 31 PROPERTY BE APPROVED WITH THOSE ITEMS THAT RUDY SPOKE OF JUST MOMENTS AGO IN THE AGREEMENT, THE PARKING, ET CETERA. Councilmember Waldron SECONDED THE MOTION. VOTE: 2-5 (Vice Mayor Dietz, Councilmember Wilson, Councilmember Evans, Councilmember Waldron and Mayor Insalaco voted in opposition.) (Vice Mayor Dietz commented it is real tough with the safety concerns of our police department and I really stand by them.) (Councilmember Wilson commented he is torn from both sides.If it was anywhere else on a bigger lot he would not have a problem with it.He has talked to a lot of citizens who have come to him and talked to him concerning this and they are very, very concerned about the location being right next to the corner there.They have expressed it repeatedly to him.It is one of the most common things people have come to talk to him about lately.) (Councilmember Barker commented although she too shares the concerns of public safety, she would vote yes.) (Councilmember Serdy commented he thought he had answered all the questions and has not lost the parking yet.) (Councilmember Evans commented she loves bull riding, and having twenty-five years in real estate, it is all about location.If the site were larger there would be no issue.The fact is they do not know how successful it will be, and they do not know if there will be people parked all along Lost Dutchman and Cortez; they do not know how many people are going to be there.) (Councilmember Waldron commented it is a tough one because he is very concerned for the people that live behind this venue.If he is wildly successful, which they always wish a business is, because of the location it could be a detriment to the property owners behind it.He had to agree with Councilmember Wilson in that this has been the most commented upon one that there is.) The motion failed. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 27 OF 31 Mayor Insalaco called for a motion on Item Number 6. Councilmember Barker MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON (A) THE CONCERNS ABOUT PARKING AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 16, 2013;(B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 10, 2013; AND (C) THE DIAGRAM ATTACHED TO THE APPLICATION IS VAGUE AND LACKS SPECIFIC MEASUREMENTS SHOWING THE DISTANCES INVOLVED IN THE EXTENSION - TAKE OFF (C) BECAUSE WE NOW HAVE A MORE SPECIFIED DIAGRAM. Vice Mayor Dietz SECONDED THE MOTION. Councilmember Serdy asked if there would be a need for a liquor license since the development agreement was not approved. Vice Mayor Dietz commented it is a public hearing and they have to go through it. City Clerk Kathleen Connelly stated it is still an application. Councilmember Serdy commented if this passes he would have a liquor license to nowhere because he does not have the venue. Councilmember Barker commented that is correct. There was general discussion on what they were voting on and what a yes vote meant. VOTE:6-1 (Councilmember Serdy voted in opposition.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 28 OF 31 OLD BUSINESS None. NEW BUSINESS APPOINTMENT OF DEPUTY CITY MAGISTRATE )City Magistrate James Hazel briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Evans MOVED THAT PAULA BURGESS BE APPOINTED AS A DEPUTY CITY MAGISTRATE FOR THE TERM OF APRIL 1, 2013 THROUGH JANUARY 15, 2015; AND THAT THE APPOINTMENT BE EFFECTIVE FOR SAID TERM AFTER THE EXECUTION OF HER RESPECTIVE OATH OF OFFICE. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MARCH 18, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, MARCH 19, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 29 OF 31 THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Councilmember Barker SECONDED )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 February 19, 2013. ACCEPTED THIS 19TH DAY OF MARCH, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF MARCH, 2013. HN S. INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 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 March, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of March, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MARCH 5, 2013 PAGE 31 OF 31