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HomeMy WebLinkAbout2013-10-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING OCTOBER 1, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 1, 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 Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi 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 Public Safety Director Tom Kelly Finance Director Donna Meinerts Assistant to the City Manager Matt Busby Others Present:Program Coordinator Heather Patel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 1 OF 32 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ITEMS 9 AND 10 BE MOVED TO FOLLOW ITEM NUMBER 11. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating October 2013 as Domestic Violence Awareness Month and presented it to Community Alliance Against Family Abuse Executive Director Elizabeth Ditlevson Garman. Community Alliance Against Family Abuse Executive Director Elizabeth Ditlevson Garman gave a brief presentation on domestic violence. Councilmember Rizzi commented she goes to their Disco Fever event every year and it is a lot of fun.She encouraged others to attend. Vice Mayor Barker thanked her for all the work she does in the community.She has seen it first hand and she does a wonderful job. Mayor Insalaco read a proclamation designating November as National American Indian Heritage Month. Mayor Insalaco presented an Arizona State University alumni award to Vice Mayor Barker for her service to the community. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson reminded everyone of the Lost Dutchman Days Rodeo Royalty putting on a benefit barrel race on October 26 to benefit a young girl needing a liver transplant. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 2 OF 32 Vice Mayor Barker commented Apache Junction was the first city in the state to pass a proclamation supporting the "Start By Believing" awareness campaign which deals with domestic violence victims.Since that time Prescott, Prescott Valley, Florence, Pinal County and a couple in Maricopa County have also passed the same proclamation.The proclamation went out statewide via the chiefs of police.The mayors in Maricopa County will be passing the proclamation this month and tonight it is being passed by Marana.It will be a statewide campaign started here in Apache Junction. Councilmember Serdy announced last Saturday the city was the cultural epicenter of the valley with two concerts, the grand opening of the DeGrazia exhibit at Superstition Mountain Museum, and the concert by Domingo DeGrazia.The volunteers and Arizona Rangers were great.After that was the Kiss concert at the Eagles which was a lot of fun done by Psycho Circus.The Eagles asked if they could allow kids next year. Councilmember Evans announced there is a community -wide wellness Two Ton Transformation event sponsored by the multi-gen center and Mountain Health and Wellness.Currently there are 120 people signed up.There is still time to sign up. Councilmember Evans announced the first Farmer's Market will be December 14 at Earth Heart Park Community Garden.There will be art and music.Every Saturday between 8-9 a.m. Jennifer McGraw is offering a free Tai Chi class. CITY MANAGER'S REPORT City Manager George Hoffman commented on Apache Junction Fire District Fire Inspector Tina Gerola receiving a President's Award from the Drowning Prevention Coalition of Arizona; the national medicine/drug turn in October 26; read a thank you letter from residents to Park Rangers Joetta and Victor; read a note from Parks and Recreation Director Jeff Bell commenting on the assistance the park rangers do for other departments; and announced volunteers are needed for an open space trail clean up on November 23 at Prospector Park. Assistant City Manager Bryant Powell announced that the International City Managers Conference last week honored City REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 3 OF 32 Manager George Hoffman for twenty-five years of service amongst his peers. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR THE FESTIVAL OF THE SUPERSTITIONS )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Leonard LeFlesch, president of the rotary club, addressed the council.They are set up, they will have the rangers in there and it is inside a fenced area.They are hoping for nicer weather as it was cold last year. 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. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-10, 2013, SUBMITTED BY LEONARD LEFLESCH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 4 OF 32 Councilmember Wilson SECONDED )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Gilbert Martinez stated he talked to Rudy and requested to change it to the north side instead of the east side.The west side will be used as a walk through.There will be a fence around everything. Vice Mayor Barker asked how large an area it will be. Mr. Gilbert Martinez stated it will be no more than ten feet from the building to the front. The west side will only have a walkway as they could only use six feet on the west side. Vice Mayor Barker asked if there would be a gate from the outside going into that as well as an entrance from the restaurant. Mr. Gilbert Martinez stated that is correct. Vice Mayor Barker commented she did not understand the kind of materials he said he was going to use.She asked if the fence would be wrought iron. Mr. Gilbert Martinez stated that is correct. Vice Mayor Barker asked how many tables he thought it would hold out there. Mr. Gilbert Martinez stated no more than probably six.They would be small. Councilmember Waldron asked if he planned on putting any signage on the fence. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 5 OF 32 Mr. Gilbert Martinez stated no, probably not.He wants to leave it open so people can see. Councilmember Waldron commented he is not going to have anything on the fence to obstruct the view. Mr. Gilbert Martinez stated he would not. Councilmember Waldron commented the north side of the building puts this right at Apache Trail. that is correct. this would be covered. it would not. Mr. Gilbert Martinez stated Vice Mayor Barker asked if Mr. Gilbert Martinez stated Vice Mayor Barker asked if he would be putting umbrellas on the tables. Mr. Gilbert Martinez stated he would have umbrellas and other things. Vice Mayor Barker commented he would have some way of shading the guests from the heat. Mr. Gilbert Martinez stated that is correct. 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 Waldron MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 6 OF 32 LA CASITA OF AJ, SUBMITTED BY GILBERT MARTINEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE NORTH SIDE OF THE BUILDING. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1394, REZONING CASE PZ-5-13, A REQUEST BY HUDD AND EILEEN HASSELL, REPRESENTED BY EDMIR DZUDZA, TO REZONE A 0.37- ACRE PROPERTY LOCATED AT 2888 W. 16TH AVENUE FROM TRAILER HOMESITES ZONE TO CONVENTIONAL SINGLE-FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT )Senior Planner Rudy Esquivias briefed the council on the item. 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. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1394 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 7 OF 32 Vice Mayor Barker MOVED THAT ORDINANCE NO. 1394, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. VOTE:Unanimous. The motion carried. RESOLUTION NO. 13-34, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2014 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION )Program Coordinator Heather Patel briefed the council on this item. Vice Mayor Barker asked if there is a city match or leverage associated with this grant. Program Coordinator Heather Patel stated there is not.None is required.In the application the city illustrates its commitment to the downtown with projects that have been done and projects that are looking to be done.Those are, in essence, the leverage towards the project but it does not have to become a formal adoption as a resolution. Vice Mayor Barker asked if they do receive this grant these assessments would be available to folks who might have a project in mind.Later on they could utilize the information. Program Coordinator Heather Patel stated the idea is that property owners willingly would come to the table and say they have a perception there could be some contaminants on the property.Phase I would be conducted and, if necessary, Phase II.The information is for their use to sell the property, to share with the potential new property owner and that helps them sell the property.Neither they nor the prospective property owner has to pay for it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 8 OF 32 . Vice Mayor Barker commented this will be driven by people who want their property to be assessed, not an entire downtown cart blanche assessment. Program Coordinator Heather Patel stated absolutely.The city is not going to force anybody to do anything.It is at their will and they would be asking us to do this for them. Councilmember Waldron asked if there are monies available in this grant to help the landowner mitigate the hazard. Program Coordinator Heather Patel stated there is not.That is a separate application. They are hoping once they do the Phase I and Phase II they can then seek grants for clean up but that would only be for properties the city would potentially own.There is a piece of property for sale and a Phase I and Phase II have been conducted.The city decides to buy it.The city could apply for funds to mitigate the issue.We would not be able to apply for those funds for a private entrepreneur to use. Councilmember Waldron commented this is to assist them in identifying it and they would mitigate the hazard however they felt necessary. Program Coordinator Heather Patel stated that is correct. Councilmember Rizzi commented she thought they had a discussion on Phase I about how much it would cost a property owner if they were to pay out of pocket. Program Coordinator Heather Patel stated it could be somewhere between $4,000 and $10,000. Phase II could be about $50,000.The cost ranges depend upon what is found.The clean up would certainly be very expensive. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 9 OF 32 . Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council.He thinks it is a marvelous thing and staff should be congratulated.He thought an application had already been made before and was turned down.He is happy to hear another effort is being made. It could potentially make some properties available that would be very difficult to sell at the present time. Mr. Jeff Struble, 953 S. Warner, Apache Junction, addressed the council.He stated they are applying for a grant that is federal money that is being used to bail out private busy owners who have not taken responsibility for their own property.They are waiting for the government to do these inspections for them so they can then apply for a loan or sell the property.It is hard to argue with it as it will help the city, but he is of the opinion it is a misuse of public funds. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Rizzi commented one of the things they have to remember is that it is money that is available.It will be used by other communities that will apply for this grant.She does not think it is a good idea for the city not to apply for it.We are not guaranteed to get it but we have some properties in our downtown that are eyesores and this could help get those properties moving and it would help beautify the downtown. Councilmember Serdy commented some of the property owners are no longer here.The properties are vacant and this could help them help these properties to be useful. ' Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 13-34, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U.S. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 10 OF 32 ENVIRONMENTAL PROTECTION AGENCY, WHEN THEY REOPEN, FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA, AND DECLARING AN EMERGENCY, BE APPROVED. THE MOTION. VOTE:Unanimous. The motion carried. PROPOSED SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OWNERS OF HITCHING POST AND DASH IN BUSINESSES/ APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341 N. APACHE TRAIL discussion on doing both of these public hearings for each item and briefed the council on the second agreement. Councilmember Evans SECONDED )There was a general items but having separate separate votes on each item. Senior Planner Rudy Esquivias amendment to the development Councilmember Waldron commented he was talking about the extension of premises allowing people to go around the outside of the bull ring and drink.He asked if the extension of premises would include the bull ring area as well; everything within the external boundaries. Senior Planner Rudy Esquivias stated he thought they would have to interpret it that way.It was not drawn up specifying this area and only the area around the arena would be the extension of premises.Logically, no one will be drinking inside the arena and no one will be drinking where the animal pens will go.Should for any reason the bull riding venue be discontinued and they still have the extension of premises area, people could still go in there if there is a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 11 OF 32 dance, band or something else.Conceivably, people could use the arena for a celebration or party. Councilmember Evans commented one of the concerns she has is the number of people who attend these events elsewhere, which is up to a thousand people.While we hope this one will be that successful, she asked if the facility is set up with enough bathrooms there for a large crowd because this is not on the sewer, or would there have to be some changes made. Senior Planner Rudy Esquivias stated he had an extensive discussion with the building official today.Basically, it works as if this is a building extension. When the Hitching Post and the little outdoor patio were approved, it was approved subsequent to an occupancy load of 99 persons.Now the premises is proposed to be extended to this area that will kick in additional building code requirements. If this request is approved, Mr. Mohiuddin needs to have his architect come in and talk to the building staff about what else needs to be done to this building to bring it up to building code for that many people.If people will be primarily entering through one location and participating in activities located by the bull ring and exiting through the same spot, this all works together as one large building.It increases the occupancy load.They are no longer at 99; they are way over 99.They may need to sprinkler the building.They may need to provide wider exit doors.They may need to provide additional bathroom fixtures.Additional building requirements will kick in if this request is approved. Councilmember Rizzi asked how they calculate the extra need for building code requirements when they have an outdoor venue.She sees where it is easy to calculate for an indoor venue, but not an outdoor. Senior Planner Rudy Esquivias stated there is a difference between how the building code calculates things and how the zoning ordinance calculates things.The zoning ordinance is unclear about parking requirements for a venue of this type.It is in a reserved section and is up to the discretion of the zoning administrator. As mentioned at the work session, there will need to be 20 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 12 OF 32 parking spaces on the existing property and offsite there are about 53 parking spaces.They do not know at this point if that will really be enough.If Mr. Mohiuddin has a 500 person night attendance, they will have to keep an eye on the parking to see how it works, if there are problems and if that amount can be accommodated.The building code section applies the design occupant load in determining means of egress.This is how people get out of a building or area.The number of occupants for whom means of egress facilities shall be provided shall be determined in accordance with the building code section wherein when occupants from accessory areas, the area around the building, exit through a primary space, the calculated occupant load from the primary space shall include the total occupant load of the primary space plus the number of occupants egressing it from the accessory area.Think of it as the building getting bigger.He does not know what the calculations are as he is not the building official but that is basically why additional building requirements will kick in. Mayor Insalaco commented he said they would be twenty minutes on and twenty minutes off or whatever the time is.He asked if they would be going inside when they are not out there. Senior Planner Rudy Esquivias stated they can hang out in the back patios. Mayor Insalaco commented that they are able to go inside, too. Senior Planner Rudy Esquivias stated that is correct. Mayor Insalaco commented there is not going to be someone at the door telling them they cannot come in. Senior Planner Rudy Esquivias stated that is correct. Councilmember Wilson commented he drove down there and went down Cortez.He went around to each intersection and sat at each one.He did a visual for potential parking on this street.From State Route REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 13 OF 32 88 to Cortez, parking in that area there would make it very difficult to see down Lost Dutchman.If there is parking on the north side, where the Elks Club is with two entrances into their lower parking lot, he is concerned about parking along that area and the view sheds.If one is coming south on State Route 88 and want to turn onto Lost Dutchman into oncoming traffic, it could be very tight.He was wondering if the city could make that a no parking area.He would like them to agree to a no parking zone. City Attorney Joel Stern stated a while back the city council authorized the city engineer to make the determination on stop signs.The process used to be where the city council would say whether a stop sign should go in based on certain warrants.Warrants are studies on traffic patterns and traffic accidents.That is for stop signs. For no parking signs it would be up to the city engineer.It is well within the city engineer's discretion to decide whether no parking signs will be posted.The city would make the signs and put them in.It can be done.The development agreement talks about the parking to the south and to the north.He believes there is a lease agreement for the parking to the south where there are 53 spaces.He does not think there has been a negotiated lease agreement with the Elks to the north.Possibly Mr. Pew can talk about that.It might be an option for them in the future if this takes off and is very successful.If there are no parking signs, individuals who do park there could be subject to an immediate tow.It would be considered a dangerous area to park, especially if there is that much traffic.State Route 88 would be under the Arizona Department of Public Safety jurisdiction.Their position is they do not give warnings; they just tow the car if they think it is an immediate hazard.It is different than a freeway situation because there are only two lanes with not a lot of room.On a freeway one can see cars off to the side on the road.Usually an orange sticker is on them giving them a certain amount of time to get rid of the car.He hoped that answered their question. Councilmember Serdy commented a few weeks ago he asked if there have been any other problems at any of the other venues or if there had been any escapes, crippling injuries or maulings. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 14 OF 32 Assistant Planner Rudy Esquivias stated he did pose that question to the applicant and they are prepared to address that tonight.He has not gotten a response to that particular question.He believes Chief Kelly checked with other police jurisdictions where this type of venue occurs and there have not been any special problems generated from these events.Mr. Pew should answer the question about any bulls jumping fences. Mayor Insalaco requested the applicant address the council. Mr. Ralph Pew, 1744 S. Val Vista Drive #217, Mesa, addressed the council representing the applicant.He stated the issue seems to have taken on proportions of grandiose problems.He wanted to answer as many of those questions that might be on their minds.He commented this is not a zoning case.It is not a special use permit.It is a matter of amending an existing development agreement in place on this property.An outdoor entertainment is an allowed use by right under the current zoning.There are certain obligations and responsibilities from the city do to this development agreement but more specifically the property owner. This request is an amendment to the development agreement to allow this use for the reason there is not enough parking on the site itself.This is a classic example of remote parking.Many municipalities have codes that authorize remote parking as a matter of a mathematical calculation.They turn in an agreement with a neighbor for remote parking and everything works.The code for Apache Junction is different.They are here asking to amend the agreement with the specific recognition that additional parking will be necessary at this point on the south side.Mr. Esquivias went over the safety issues very well but he wanted to highlight a few.The plans for the safety on the site show two 6' stockade fences anchored into the ground with sufficient strength and design to rein in the bulls.Two people most concerned about the safety are the owner of the stock, with the animals being his livelihood and his wanting them safe, and the property owner who wants safety for the spectators.The 8' fence beyond that is a safety fence to keep patrons of the restaurants who want to watch the bull riding from going out into the street or beyond.They cannot access the site without going through the restaurant.It is what limits the number of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 15 OF 32 people that come here.Unlike other venues that the police department accurately reported to them where there is 1,000 people or more, this site could never accommodate that.They would love for it to be successful, but this site can only accommodate as many people as the building code allows to occupy this building and the number of people calculated according to the building code attributable to the open space, ambulatory area.A percentage of the square footage is attributable to human beings going in and out of the buildings.There will not be massive crowds here.The capacity is determined by the building code.Based on that, they have sufficient parking and sufficient provisions so it will not get overrun.If they were to invite thousands of people this would become a stand-alone rodeo arena where you pay to watch the event.Here they simply enjoy a meal, a drink, and as a side benefit, watch the bull riding.There is a concern about the speed of traffic on North •Apache Trail.It is an important issue but there is no access there.There is an 8' fence with a polypropylene cover that has 96% opacity that will not allow people to see what is going on there.It will not be a safety problem as they have to come off the road into the parking areas to enjoy the restaurant and the venue.With respect to Councilmember Wilson's comment about parking on Lost Dutchman and State Route 88, they can do whatever they want as there is no intention of ever allowing anyone to park there.It is public right-of-way and they cannot do certain things but they have no intention of allowing that to happen.They do not expect enough people at this site to need that.They have talked about the lighting.There is specific lighting for the arena itself and there is lighting around the edges, especially to the north and that comes to the south of the site so pedestrians are safe as they walk through there. From an access point of view one cannot just find one's way into this place without going through the restaurant.That is what brought up the safety code issues of ingress/egress, size of the exit doors, sprinklers and all those building code issues that the owner will have to deal with if the council approves the amendment and the extension of premises.He does not know how the issue from the Elks Lodge arose regarding the parking.The owner had an agreement with someone who appeared to have authority on behalf of the Elks Lodge.He has no clue what happened to investigate that further.If what they have heard is true, authorization to allow a lease with the Elks must come REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 16 OF 32 from a board of directors on a grander scale than the local club. Mayor Insalaco stated it is called the Grand Lodge. Mr. Ralph Pew stated is what it is.The Grand Lodge has jurisdiction over all of them.For their purposes tonight, they can assume there is no lease with the Elks.They do not need it.It is possible they could meet with them and negotiate with them if needed in the future.The development agreement clearly addresses that issue.They agree with the revised draft of the development agreement as it relates to parking and what happens if it is not available.It answers the two questions specifically raised by the council at the work session.One question was how the city would know if the lease is terminated.They have inserted a provision in the development agreement that requires the owner to notify the city within 10 days after the lease becomes terminated for any reason.The other question was what happens if the bull riding venue terminates as the extension of premises theoretically still exists.It is an issue between the state liquor board and the owner.The owner has agreed to contract with the city that if that venue terminates he will voluntarily agree to restrict or constrict the premises extension to only the area behind the restaurant and the convenience store.There will not be an occasion where entertainment will be occurring out here or where drinks will be in the area.It is clear the site is within the bounds of existing rights -of -way for the city and for the Arizona Department of Transportation.Councilmember Waldron raised a good point about compatibility with surrounding landowners.Even though public outreach is not required for this issue, they did it and followed up on it.They have written letters by 5 or 6 owners in the vicinity who support this plus many of the patrons who come to the restaurant.The packet contains a letter from a Mr. Kellow who objects to the use.He lives about one mile to the south and east of the site. He does not believe the site will adversely affect him or his life.There is no outdoor music.The only amplified sound that will come from the site is the announcer announcing the rider. It is no different for him than being adjacent to a little league field for an hour or two in the evening.If it were from 10 p.m. to 2 a.m., that would be a different story.It is at a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 17 OF 32 reasonable time.They believe it is fine from a compatibility point of view.He requested their approval of the development agreement amendment.He commented a bull riding arena manifests the tradition, the culture, heritage and theme of the western traditions here. Councilmember Wilson asked if there will be no speakers out there that will have music or the band that will be going on inside the restaurant. Mr. Ralph Pew stated the only amplified noise generated outside is the announcement of the riders.The two hours is twenty minutes on and twenty minutes off and it will be a function of how many riders show up.They could have ten one night and five the next.It only lasts for a few seconds.He could not imagine what it is like but it does not last long. Councilmember Wilson commented it is eight seconds. Councilmember Evans commented she totally agrees that this is the perfect thing for Apache Junction and she does not think any of them do not want this. They are not here for a zoning and know why they are here.It is a very difficult agreement.It is not an average, run of the mill agreement by any stretch of the imagination.That is what has brought us to all of these questions and issues.She has no doubt the stock contractor has this completely under control. It is how he makes his living.The council has to worry about the people.We have answered a lot of their questions.They still have a lot more issues.One of them is they simply do not see a lot of people showing up.They do not see 500 people showing up, that there is an occupancy limit.She asked how that is going to be regulated.She asked if someone would be selling tickets, how many people would be allowed out there and how many would be allowed back in. Mr. Ralph Pew stated this will initially be self -regulated.The site can only accommodate a certain number of people and that number will be determined through the building code and their work with the head of the building department.If more people turn up than that they will REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 18 OF 32 have to be turned away.They cannot accommodate them.If they do not do it themselves, the fire marshal or police department will be out there soon if it is violated.The same problem occurs at a church, and when it gets popular no one shuts the door. Councilmember Evans commented there is no bull there. Mr. Ralph Pew stated they do have a contractual agreement and hopefully a degree of confidence and trust amongst each other.He agrees this is highly unusual.He has been doing this for 34 years and this is the first bull riding arena he has ever had the chance to deal with. Mayor Insalaco commented the council gets accused all the time because people do not want them to put up three story buildings downtown.They do not want to block the view of the mountain.Here they want to put up an 8' fence and cover it with plastic.It is ugly to have that chain link fence covered with plastic in the middle of a beautiful area.It is inconceivable for him. Mr. Ralph Pew stated he does not have a good answer to his perception on how that will look. Mayor Insalaco commented they have another one in Gold Canyon with a perfectly good riding stable right behind it.He asked what was wrong with taking it out there. Mr. Ralph Pew stated here is where the people who own the businesses would like to have the venue. Mayor Insalaco commented that he understands. City Clerk Kathleen Connelly briefed the council on the extension of premises application. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 19 OF 32 Mayor Insalaco requested the applicant address the council. Mr. Ralph Pew stated they recognize what the city clerk has indicated.The extension of premises is an issue between the state liquor board and the owner.They have agreed to put in the development agreement that if the bull riding venue ceases, they have a contract with the city to restrict the location of alcohol outside.If they do not restrict it, the city can terminate the development agreement. Councilmember Waldron asked what kind of guarantee is there the applicant will, in fact, do that.They have had situations in the past where they have had to stop the building because he did not have the proper permits. There have been issues in the past where he has not cooperated with the city.He has worked around the code.He asked what kind of guarantee the city has that if the bull riding ceases to exist that he will, in fact, pull that premise back and pull those people back. Mr. Ralph Pew stated the guarantee they have is contractual.If the owner fails to do that the city can terminate the agreement and perhaps, broadly enough, there would not even be enough parking spaces to accommodate anything going on at the site without the arena.As he understands some of the history of this case, it has always been a little bit tight as it relates to parking.The city would have every remedy available to the city upon termination of the agreement and the use that is part of the agreement. Councilmember Waldron commented he is saying they would have to do the effort to enforce the agreement rather than some guarantee from the applicant saying he will, in fact, go by this agreement. Mr. Ralph Pew stated they are making that statement tonight.They are on the record saying they will agree and abide by that condition.He cannot say it any more clearly than that.Unfortunately, even with municipalities, if there is a breach of that then one of the other parties has to enforce it.They do not want that to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 20 OF 32 happen.He made the commitment they will not extend liquor use if the bull riding arena ceases.He does not know how to guarantee it outside the confines of the written agreement. Councilmember Evans asked what procedure the city would have to go through if that does not happen and this continues on.She asked if it would be a civil issue and how they would actually make that happen. City Attorney Joel Stern stated it would have to be an action at law, probably in the form of an injunctive relief action.He does not believe there are any contractual damages but there would be some kind of legal remedy.They would go before a court and say they agreed to this and they are violating the development agreement that is in place.They would ask the court to order them to stop.It would be in the form of equitable relief by the judge.There are costs associated with that such as attorney fees.It can get very nasty in those situations. Mayor Insalaco opened the public hearing on the item. Ms. Sharon Fillmore, pastor of the AJ Cowboy Church, Apache Junction, addressed the council. She commented she has lived here for 7 years and if she wants something to do she goes to Mesa to see a movie.She has been to a rodeo once and enjoys bull riding.It is as much a part of Apache Junction as anything having to do with cowboys.The cowboys are looking for a place to carry on tradition and have some fun.She believes the city could use the extra revenue it would bring in.She asked them to vote yes and have fun in Apache Junction.She commented she has never been to a Diamondback game and not had to stand in line to use a restroom. She is sure Mo will accommodate everyone.She lives a couple of miles from there and has no problem with it. Ms. Hayley Schultz addressed the council.She stated it would be her dream to have this facility out here. Mr. Sam Buckham, 628 W. Tepee, Apache Junction, addressed the council.He has been with REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 21 OF 32 the Lost Dutchman Rodeo for 22 years.He stated the plan they have here is better than what we have now.It is safer and the plastic can be colored to be adapted to the landscape.He urged them to vote for it. Mr. Bruce "Slim" Meyer, 2200 N. Delaware #49, Apache Junction, addressed the council.He commended the council for recognizing the Native Americans in November.He likes bull riding.The city has it at Lost Dutchman Days, but some people do not like to watch football, they would like to watch bull riding.They would like more than three days a year.He can see over 6' fences and he does not think an 8' fence will block out the range of the Superstitions. The arena is not that long to block out the view.He urged them to vote for the arena.He asked why they would want to send the business to Gold Canyon when they could use the tax money here in Apache Junction.Bring the people to Apache Junction and not another city. Mayor Insalaco commented they must understand the city makes no money off of liquor.There will be no money off of the entertainment.The only money the city will make will be off of the food.If the occupancy is only 99 people, it will not be any more than it was before.For them to say the city could use the tax money, the city will not make any money off the liquor. Mr. Doug Springer, 7373 E. Highway 60, Gold Canyon, addressed the council.He recently purchased some land here in Apache Junction.He is a general contractor here.Police officers are never called to the Hitching Post.He has been going there for over 5 years and he and his wife got married there.It is an honorable establishment.Law enforcement is very rarely if ever called to that establishment because of the crowd he attracts.He commented the place would bring a lot of publicity to the city. This is one more step in bettering this community.He believes the owner is honorable, respectable and will honor his commitment to this council and the city.He will not have concerts out there if the bull riding does not succeed.He has great support from the people here tonight.It is something that will attract people to the area.He is an Elks member and REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 22 OF 32 a lot of people there support this, regardless of the parking lot.He urged them to approve this tonight. Ms. Juanita Meyer, 2200 N. Delaware #49, Apache Junction, addressed the council.She understands their concern for the dangers of bull riding.This is safer than the rodeo arena and there is no way a bull can get out of there.Their number one concern is public safety.The 8' fence points towards the west and there are no developments on State Route 88.It is Bureau of Land Management land to the northeast and northwest and no one lives there.The Elks Lodge is across the street and blocks no view.The 8' fence will not block anyone's view and it can become aesthetically pleasant to the eye.Anyone who has built a fence can do so.She believes they have done everything the city has asked of them.She urged them to approve it. Mr. Rick Haddo, 6303 E. Windsong, Apache Junction, addressed the council.He and his wife go the restaurant and he believes this will be a destination.It is a component of Apache Junction, along with Goldfield Ghost Town.It will bring people to the other communities and restaurants.The parking situation on State Route 88 is only a problem when the museum is full.He was in management for Arizona Department of Transportation and no one gets their car taken away on the highway.He thinks it would be more appropriate for them to park on Lost Dutchman if they do not want to take the chance on getting their car dinged.He does not see the parking concerns.He urged them to approve it. Mr. Mark Schultz, 1511 E. Scenic, Apache Junction, addressed the council.Regarding the revenue and not getting any tax money, the bull riders will need a place to sleep in the motels.He is a traveling bull rider and goes to Village Inn for breakfast.There is some type of revenue they will bring to the city.They support the city and community and he asked for the support of the council. Mayor Insalaco announced he would only allow one more person to speak. Mr. Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council.He stated he REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 23 OF 32 was worried about the size of the bull ring.He was at a meeting in Fort Worth, Texas and went to Billy Bob's, the world's largest honky tonk.It holds 2,000 people.They have several different side venues and one is a bull ring.He saw the size of the bull ring and it is very small.He watched a couple of cycles.It is not like a rodeo; it is a bull riding event.There is plenty of room for the event.The ring here is large enough to accommodate bull riding.It can be done. Mayor Insalaco closed the public hearing and called for any further discussion. Councilmember Serdy commented he agrees with the attraction and creating the buzz.He thinks the property owner has done everything we have asked and he cannot see how they can deny the rights to do this.He thinks it is the council's job to help insure successful businesses, not to stop them. Councilmember Waldron commented he has some genuine concerns.He is concerned about the performance of the applicant in the past performances as far as what he has done and not done as required by this city.That concerns him a little bit.If this is approved it will require some pretty close monitoring.He does not argue with the entertainment value.He grew up in Montana around rodeos.They are great and he loves them.But there are some public safety issues.He thinks the applicant has addressed the majority of the issues.There has been nobody here to speak out against this.Privately they have but they are not here tonight.He still has a major concern about the performance of the applicant in the past as far as adhering to the development agreement. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker 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 PROPERTY BE APPROVED. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 24 OF 32 Councilmember Serdy SECONDED THE MOTION. VOTE:6-1.(Mayor Insalaco voted in opposition.) (Councilmember Wilson commented during the vote that one of the things he wanted to make sure of and that everyone understands is the parking in the areas.People have addressed that to him but he thinks working with the applicant and the city can address those issues in the future.) • The motion carried. Mayor Insalaco called for a motion for the extension of premises. Councilmember Waldron 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 (1)THE APPROVAL OF THE DEVELOPMENT AGREEMENT AND IMPROVEMENTS ASSOCIATED WITH THE BULL RIDING VENUE AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED SEPTEMBER 17, 2013; AND (B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED SEPTEMBER 19, 2013. Vice Mayor Barker SECONDED THE MOTION. VOTE:4-3 (Councilmembers Serdy, Wilson and Rizzi voted in opposition.) The motion carried. Mayor Insalaco called for short break. Mayor Insalaco reconvened meeting. OLD BUSINESS Mayor Insalaco called for a Mayor Insalaco reconvened the REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 25 OF 32 None. NEW BUSINESS ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS FOR BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION a motion. Mayor Insalaco called for Councilmember Waldron MOVED THAT CHESTER BURGESS AND DENNIS HALL BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR TERMS EXPIRING OCTOBER 31, 2016. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented they have three positions for the library board. City Clerk Kathleen Connelly stated they had originally not heard from Boardmember Drew Rappleye about if he wished to be reappointed.He has now decided he wishes to be reappointed. Mayor Insalaco called for a motion. Vice Mayor Barker asked who was it that wished to be reappointed.She knew Tess Nesser wanted to and Jackson wanted to.She asked who else wanted to be reappointed. City Clerk Kathleen Connelly stated Drew Rappleye wanted to be reappointed.Originally we had not heard from him and he finally indicated he wanted to be REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 26 OF 32 reappointed.They are the last three people listed on the cover sheet. Councilmember Rizzi asked if those are reappointments. City Clerk Kathleen Connelly stated those three individuals wish to be reappointed. Councilmember Waldron MOVED THAT TESS NESSER AND RHONDA JACKSON BE REAPPOINTED TO THE LIBRARY BOARD WITH TERMS TO EXPIRE OCTOBER 31, 2016; AND I MOVE THAT DON BREILAND BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2016. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous on Tess Nesser and Rhonda Jackson, 6-1 on Don Breiland with Councilmember Rizzi voting in opposition. (During the vote Councilmember Rizzi asked if Drew Rappleye was wanting to be reappointed as well: City Clerk Kathleen Connelly stated originally the library staff had not heard from him and we did get an update that he had decided he wanted to be reappointed. Councilmember Rizzi asked if she could vote for two or are we voting all three at once. City Clerk Kathleen Connelly stated she can introduce another motion. Vice Mayor Barker commented the roll call has already started on this vote. Councilmember Serdy commented they have put them on one at a time in the past. City Clerk Kathleen Connelly stated they can do it whichever way they want. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 27 OF 32 Councilmember Serdy commented it is surprising to him. Councilmember Rizzi commented her only concern is she has two she wants to vote for and she would have to say no to all three if they are voting all three together. City Clerk Kathleen Connelly stated she could say yes on this person, yes on this person, and no on this person. City Attorney Joel Stern stated she can do that.) The motion carried. Mayor Insalaco commented there are two positions open for the parks and recreation commission.Two are wishing to be reappointed. Councilmember Waldron MOVED THAT MONA BARTON BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT JUDY BOREY BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016. Vice Mayor Barker SECONDED THE MOTION. VOTE:6-1.(Councilmember Evans voted in opposition.) The motion carried. Mayor Insalaco commented the last one is planning and zoning. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 28 OF 32 Councilmember Waldron MOVED THAT COLLEEN HILL BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. (During the vote there was general discussion about the other position.) The motion carried. Councilmember Waldron MOVED THAT ROBERT SCHROEDER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DIRECTION TO STAFF IMPLEMENTATION OF A CHARGE FEE FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON-PAYMENT Finance Director Donna Meinerts briefed the council on the item. Councilmember Waldron asked how two cities get away with $35 if state law says $25. Finance Director Donna Meinerts stated there are other fees they are probably combining into it, such as their bank fee.She was just showing a break out of the city's charges.They are figuring out what their actual charges are.Their bank fee may be $10; she does not know what bank they are with. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 29 OF 32 Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTATION OF A CHARGE FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON-PAYMENT:THAT THEY ESTABLISH A RETURN PAYMENT FEE THAT IS UNIFORM THROUGHOUT THE CITY TO HELP COVER COSTS INCURRED FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON- PAYMENT, PER THE GUIDELINES OF THE ARIZONA REVISED STATUTES. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AMENDMENTS TO CITY CODE CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR ) )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco closed the discussion with no comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDMENTS TO CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR: AND IF WE DO THE OTHER NECESSARY UPDATES TO CHAPTER 5 WOULD THAT BE SUFFICIENT? City Clerk Kathleen Connelly stated it would as they are still looking at it. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 30 OF 32 The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, OCTOBER 1,, 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, OCTOBER 15, 2013, IN THE CITY COUNCIL CHAMBERS. SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC None. ADJOURNMENT Councilmember Waldron )Mayor Insalaco adjourned the meeting at 9:30 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of September 17, 2013. ACCEPTED THIS 15TH DAY OF OCTOBER, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF OCTOBER, 2013. 6,11(OHN S. In-SALACO REGULAR MEETINGMEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 31 OF 32 ATTEST: KATHLEEN CONNELLY City Clerk 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 1st day of October, 2013.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 8th day of October, 2013. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 32 OF 32