Loading...
HomeMy WebLinkAbout2009-07-07 City Council Regular MinutesCITY COUNCIL REGULAR MEETING JULY 7, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 7, 2009, 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 7:33 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz (left at 8:30 p.m. due to illness) Councilmember Serdy Councilmember Wilson Staff Present:City Manager George Hoffman Assistant City Manager Bryant City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Parks & Recreation Director Public Works Director David Planning Manager Fred Baker Economic Dev. Director Steve REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 1 OF 52 Powell Monahan Jeff Bell Fern Filipowicz Others Present:Assistant Planner Todd Kennedy Library Manager Spencer Paden Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED AFTER MOVING CALL TO THE PUBLIC TO FOLLOW ITEM NO. M22 AND THAT THE MAYOR OR VICE MAYOR BE AUTHORIZED TO ADJOURN THE MEETING IF ANYONE BECOMES DISORDERLY, UNCIVIL OR MAKES PERSONAL ATTACKS DURING CALL TO THE PUBLIC; AND THAT DALE E. COLLIER BE REAPPOINTED AS DEPUTY CITY MAGISTRATE FOR A TERM BEGINNING JULY 1, 2009 AND ENDING JANUARY 15, 2011; AND THAT THE RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2008-2009 BE ACKNOWLEDGED; AND THAT APPROVAL BE GIVEN TO CO-SPONSOR THE LEAGUE RESOLUTIONS PROPOSED BY THE TOWN OF ORO VALLEY REGARDING IMPACT FEES, THE TOWN OF ORO VALLEY REGARDING THE ARIZONA HERITAGE FUND, THE CITY OF SIERRA VISTA REGARDING COUNTY ANNEXATION, AND THE CITY OF SEDONA REGARDING OPEN SPACE AND TRUST LAND; AND THAT RESOLUTION NO. 09-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ACCEPTING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND RECONSTRUCTION OF IRONWOOD DRIVE FROM 16TH AVENUE TO U.S. 60; AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THIS RESOLUTION, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND G AND G CONSULTING, LLC FOR A DOWNTOWN REVITALIZATION AND IMPLEMENTATION STRATEGY, TO BE FUNDED THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $224,293.00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 2 OF 52 THAT THE FISCAL YEAR 2009-2010 CITY COUNCIL WORK PLAN BE CONTINUED UNTIL THE DATES.0E4 AUGUST 3 AND AUGUST 4. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS Mayor Insalaco read a proclamation designating the month of August as "Drowning Impact Awareness Month" and presented it to Public Safety Director Jerald Monahan. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced the Superstition Horsemen's Association will again have free nights at the rodeo grounds on Thursdays during the month of July. Councilmember Wilson thanked the city staff for their work on the phone connection during the last meeting while he was in Washington, D.C. Councilmember Coleman announced he attended the June 19th Central Arizona Association of Governments meeting in Payson where they discussed the make-up and purpose of the association. The item was postponed to the next meeting for a vote. CITY MANAGER'S REPORT City Manager George Hoffman commented on no -cost drop-off at the landfill in August, the Fourth of July celebration, and the dunk tank for the Anti -Drug Coalition at the Fourth of July celebration.Lieutenant Jeff Robinson gave a presentation on the police department's Office of Professional Standards. PUBLIC HEARINGS APPLICATION FOR A SERIES 7 LIQUOR LICENSE FOR DESERT LIQUORS REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 3 OF 52 )City Clerk Kathleen Connelly briefed the council oh the item. Mayor Insalaco requested the applicant address the council. Mr. Jeff Golzio, 936 W. Apache Trail, Apache Junction, addressed the council. Vice Mayor Eck asked if he came for a temporary license about six months ago and is now going for a permanent license. Mr. Jeff Golzio stated it was for an interim and he believed they approved the final license. This is a separate license they will piggyback onto his series 9 license so he can do tastings and actually serve beer and wine in the store.It is a tasting license.They are fine with the number 9 license, this is just an additional one. 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 Dietz MOVED THAT THE APPLICATION FOR A SERIES 6 LIQUOR LICENSE FOR DESERT LIQUORS, SUBMITTED BY JEFFREY GOLZIO, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SUPERSTITION SKIES RESTAURANT AND BAR REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 4 OF 52 )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Virlie Nugent, 945 E. Scenic, Apache Junction, addressed the council. Vice Mayor Eck asked how the fence is around the area of the extension. Ms. Virlie Nugent stated the south side and the east side of the area where the horse shoe pits will be already have the fence in there because there is a gully running through there. Vice Mayor Eck commented it is a substantial fence. Ms. Virlie Nugent stated that is correct.One would have to have a machete to get through there. Vice Mayor Eck commented on the outdoor ones that are kind of remote.He is concerned about .minors trying to sneak in there and drink with their buddies who are of age. Ms. Virlie Nugent stated she does not think they can come through that fence and they intend to put a fence on the two sides that are not fenced.There will also be personnel watching.They also plan to close it by 8:00 p.m.It is something they can do during the day.They could just put horse shoe pits out there but she thinks they would really like to take a cold one out there with them. Vice Mayor Eck commented or smoke a cigarette. Ms. Virlie Nugent stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 5 OF 52 Councilmember Barker commented she sees that the memorandum from planning recommends denial based on the fact that it is illegal to change or alter a non -conforming use to this extent.She asked if this had been withdrawn. Senior Planner Rudy Esquivias stated the concern from planning staff is that Superstition Skies, while being a long established restaurant that serves liquor, is a non -conforming use.It is a commercial use in a residential area.This is for an area where there might be additional drinking and additional tables.It is an expansion of the non -conformity.According to our zoning ordinance, non- conforming uses are not supposed to be expanded on.It is an increase in intensity and an increase in use. Mayor Insalaco asked if there have been complaints from any neighbors or anything. Senior Planner Rudy Esquivias stated not that they were aware of. Vice Mayor Eck asked if they attempted this a few years back where they were going to have a larger area with bales of hay and have a band out there. Senior Planner Rudy Esquivias stated he was not aware of that. Councilmember Dietz asked if they had discussed opening up the upstairs at one point for a smoking area. Senior Planner Rudy Esquivias stated that was a couple of years ago.They did add a smoking patio but that was up front. Councilmember Dietz commented he thought they had done that instead of upstairs because of the cost or something. Ms. Virlie Nugent commented they have 500 sq. ft. that is grandfathered that they can use. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 6 OF 52 However there are some things that need to be done to it before the fire marshal will allow them to use it. Councilmember Dietz commented he remembered it had something to do with the stairway and emergency exits or something along that line. Vice Mayor Eck asked where on the map the horse shoe pit area will be. Senior Planner Rudy Esquivias showed him where the restaurant was located and where the new activity area would be. Ms. Virlie Nugent commented it is just behind the restaurant.There is about a 25' area there.They want it to be primarily during the day until 8:00 p.m. so that there would not be any noise level in the back above normal.She put on the plan that they would put a couple of tables out there where they can sit and drink or smoke.She is not intending it to be a patio like there is out front.(She was speaking away from the microphone during this segment and this part was inaudible.)She showed where she will have to put a fence in to enclose the area.(Remainder was inaudible.) City Attorney Joel Stern stated he talked to staff about this and concurred this would be an expansion of the lawful non -conformity use, which is not allowed.It would require a rezoning as it is written in the application. Vice Mayor Eck asked how she could get around that the simplest way without going through a rezoning. City Attorney Joel Stern stated she must stay within the current confines of the building.If she goes outside that, it creates a problem.It is very difficult to fix with the way it is written at this current time. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 7 OF 52 Ms. Virile Nugent spoke off microphone.She asked if she would be unable to use the property outside the building. City Attorney Joel Stern commented if it is an expansion of the lawful non -conformity letter that was issued in 1995, then that is correct. Vice Mayor Eck asked how the other businesses of this type are getting away with it.He sees a lot of these horse shoe pits out back and on the side.He asked what they are doing different so that it works. Senior Planner Rudy Esquivias stated he would expect that most of our other restaurants and bars are properly zoned to be restaurants and bars. Ms. Virlie Nugent spoke off microphone again.She commented the restaurant and bar was there long before any of those houses around it.They built around the bar; the bar did not come in afterward.The bar was there in the 1950's before the area was built up.She stated the city changed the zoning to residential.She did not have a choice. Councilmember Serdy asked if someone dropped the ball by wasting everyone's time in coming here with this.It should not even be here.She should have been given the chance to work this out before this evening. City Clerk Kathleen Connelly stated when we receive these from the state there is a clock that starts to tick.The premises must to be posted within that time frame, and it has to be brought to you within that time frame.Right now we are there, but if they allow it to continue and it goes beyond that time frame, in that instance it goes forward without a recommendation and the state will look at it the same as an approval. Councilmember Coleman commented Superstition Skies is a bit of a local treasure in the fact that it has existed so long.Elvis entered its doors and it was here when they were still filming in Apacheland.To him, REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 8 OF 52 the addition of a horse shoe pit will not greatly change the intensity of use of the property.It will add something for the ones who go there now to do.He asked what would happen if they do not pass it and they just let it ride.He asked if the city is accepting any liability if they pass it or do not pass it. City Attorney Joel Stern stated he seriously doubts there is any liability.They can pass it and it will go to the liquor board with a positive recommendation and they will probably pass it.If they recommend denial, they will then have a hearing, the applicant can show up to the board in Phoenix and make her case.If they do nothing it is essentially deemed no recommendation and they will probably approve it. Councilmember Wilson asked how this is an expansion of usage. Mayor Insalaco commented they are not building a building, they are using dirt. City Attorney Joel Stern stated the 1995 letter of non -conformity stated the letter of designation is not owner -specific but is transferable upon sale of the property as long as the establishment is maintained in its current condition and at its present size. Mayor Insalaco commented they are not changing the size of the building. City Attorney Joel Stern stated they are changing the use by adding on an area where there is going to be use outside the current intent of the business.Technically that is a violation. Councilmember Barker commented let them not be technical. City Attorney Joel Stern stated they pay him to be technical.He has given them his opinion and they can do what they want with it. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 9 OF 52 Vice Mayor Eck commented the Elks and Eagles all have horse shoe pits and they do not have to deal with all these rules. Councilmember Barker commented she could not vote against this.She and her eldest daughter worked together there a long time ago and she could not say no. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He asked if it is the building area or the entire area concerning what the attorney read. City Attorney Joel Stern stated it says maintaining it at its current condition and present size.He thinks they mean the actual building.They cannot go beyond the building. Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council.He commented they are not changing the use as it is still a bar and restaurant, and they could take the grandfathered square footage from the unused sky room and apply it to the side for the horse shoe pit.He recommended approval. City Attorney Joel Stern stated he had to point out that what Mr. Benoist said was not legally accurate. Mr. Steve Flynn, 305 N. Acacia, Apache Junction, addressed the council.He commented he believed the onus is on the city staff to prove there is a serious problem here in health, safety, or some other serious impact.He does not feel they have.He urged them to vote yes. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 10 OF 52 Vice Mayor Eck commented he thought they should take the risk and go for it.If there is a problem in the future, they will face it then. Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Eck MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES ON THE LIQUOR LICENSE OF SUPERSTITION SKIES RESTAURANT AND BAR, SUBMITTED BY VIRLIE LOUISE NUGENT, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR COBB'S RESTAURANT )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms. Sheena Gray, 944 W. Apache Trail, addressed the council.There were no questions. 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 discussion, he called for a motion. Councilmember Barker MOVED THAT THE INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 6 LIQUOR LICENSE FOR COBB'S RESTAURANT, SUBMITTED BY CAMI REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 11 OF 52 LYNN GARCIA, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPEAL OF THE CITY LANDSCAPING AND SCREENING REQUIREMENTS BY MCDONALD'S CORPORATION TO WAIVE A REQUIRED SIX-FOOT SEPARATION WALL ) )Assistant Planner Todd Kennedy briefed the council on the item. Mayor Insalaco commented he thought they were not going to worry about block walls when it was separating commercial properties.They would require it when it was a commercial property up against a residential property. Assistant Planner Todd Kennedy stated that is correct. Mayor Insalaco commented that this is then null and void. Assistant Planner Todd Kennedy stated it is still required in the landscape code. Section 615-D2 requires a six-foot block wall for individual development sites, pretty much regardless of the zoning district at this time.He continued with his briefing. Councilmember Serdy asked if it is a double drive thru. Assistant Planner Todd Kennedy stated it is not. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 12 OF 52 Councilmember Serdy commented Burger King has a double driv thru that looks like what McDonald's is adding on. Vice Mayor Eck commented he thinks they start with a double in back and go to a single.He asked if that is what he is talking about. Councilmember Serdy stated that is correct. Assistant Planner Todd Kennedy stated it starts out with a double and as it moves around it converges into a single driveway. Vice Mayor Eck commented he liked the plan instead of having a block wall. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented that the place burned down and they need to have the block wall as a fire break.It is a safety thing. Mr. Louis Babin, 2191 S. Belair, Apache Junction, addressed the council.He asked if there would be another huge sign or just one around the building. Mayor Insalaco commented they do not know what it is going to be; that will come later. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He commented on what can be considered for an appeal.He is not for block walls and suggested they look at the screening requirement for commercial to commercial.He added they would have to come in and get a conditional use permit to have a sign taller than twelve feet. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 13 OF 52 Mayor Insalaco closed the public hearing with no one e.18e wishing to speak.He reopened the item to council discussion. Vice Mayor Eck commented in the 12 years he has been on this council it has always been the philosophy that they would like to see plants go up in these areas rather than walls back to back.He was told that just to be able to say to eliminate that created a problem.They have to deal with them individually. Mayor Insalaco commented they never know when the property may need that block wall.He closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE APPEAL OF THE CITY LANDSCAPING AND SCREENING REQUIREMENTS BY MCDONALD'S CORPORATION TO WAIVE A REQUIRED SIX- FOOT SEPARATION WALL AT 2383 WEST APACHE TRAIL BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. RESOLUTION NO. 09-39, APPROVING SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS FOR THE PURCHASE OF THREE MOBILE DATA TERMINALS )Director of Public Safety Jerald Monahan 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 opened the item to council discussion.There being no discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 14 OF 52 Councilmember Coleman MOVED THAT RESOLUTION NO. 09-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING SUBMISSION OF A PROPOSAL FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM (FY 2009) FUNDS; AND APPOINTING THE DIRECTOR OF PUBLIC SAFETY/POLICE CHIEF TO CONDUCT ALL NEGOTIATIONS AND EXECUTE ALL RELATED DOCUMENTS ASSOCIATED WITH THE SUBMITTAL, BE APPROVED. Councilmember Dietz SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco called for a five minute break. Mayor Insalaco reconvened the meeting and announced that Councilmember Dietz had left the meeting due to illness. ORDINANCE NO. 1343, CASE AM -6-08, AMENDING THE CITY CODE, VOLUME II, CHAPTER 1 BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 6.0130 EQUINE REGULATIONS ) Esquivias briefed the council on the Senior Planner Rudy item. Councilmember Wilson asked what the procedure is for getting a conditional use permit. Senior Planner Rudy Esquivias stated a conditional use permit is a process wherein an application is filed, there is a $700 application fee, and there is a $500 advertisement deposit of which the applicant gets most of that back.Typically it is a 60 day process.They go to the planning and zoning commission and may be appealed to the council. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 15 OF 52 Councilmember Wilson asked if there was another way besides having to go through the planning and zoning commission and pay $700. Senior Planner Rudy Esquivias stated the council does not have to require a conditional use permit.It is a recommendation of the planning and zoning commission. Councilmember Wilson asked if they could do something similar to the cargo containers where they have a fee to pay.He asked if that was also a conditional use permit. Senior Planner Rudy Esquivias stated it is not a conditional use permit.It is an administrative permit.He believes the cargo container permit fee is $100 and they are approved administratively. Councilmember Wilson asked if they could do an administrative permit on these. Senior Planner Rudy Esquivias stated they could. Councilmember Wilson asked if it would be more advisable because of the time frame that the conditional use permit would require. Senior Planner Rudy Esquivias stated certainly, if the council chooses to go that route. Vice Mayor Eck asked if they have the fencing coming up before the council in another area in a month or two. Senior Planner Rudy Esquivias stated that is correct. Vice Mayor Eck commented it involves all fencing. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 16 OF 52 Senior Planner Rudy Esquivias stated that is correct.Another item that council has directed them to look at is front yards, what is allowed in front yards, including fence heights.It has gone to the planning and zoning commission for one work session.The planning and zoning commission directed that item, the fence issue and what can be put in a front yard, are to be treated as two separate amendments.Staff has found some language from another city that addresses fencing materials very specifically, both what can and cannot be used for fencing materials.It will have the option to allow for 6' fences, and if they would be allowed for all properties in the city or recognize horse properties for health and safety reasons. Vice Mayor Eck commented if everyone went for this, they would still have this other issue going on with all the other fencing.Planning and zoning could look at this and say they went for all the horse boarding so they may as well go for this and make the recommendation for that.It is confusing to have them both on at the same time. He thinks the other one covers all fencing, not just 15 boarders. Senior Planner Rudy Esquivias stated that is correct. Mayor Insalaco commented he is having a hard time with the 6' fence.When he drove through most of the city, it was never noticeable to him before all the properties with 6' fences.He noticed them all over the place. He asked if they were going to have everyone take down their 6' fences. Vice Mayor Eck stated they would not. Mayor Insalaco commented he would not like to see them in Royal Palm or Apache Villa, but he would not mind them on the larger properties as long as it is a see through fence.He would not want a 6' wall, but a pony wall would be alright.He would not like to see slats, but chain link fences up to 6' on these bigger properties he does not have a problem with.He has never mentioned his feelings on this REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 17 OF 52 before because what is good for the goose could be good for the gander.They could have everyone taking down their 6' fences or give conditional use permits to one group and not another.He wanted to get this finalized once and for all. Senior Planner Rudy Esquivias stated that is what the commission is looking at.It is possible rural properties should have a different standard than the urban properties.They are looking at them possibly having needs that are different than rural properties because of the potential for horses and other large animals.That is the issue the commission is looking at right now. Councilmember Barker commented they were talking about creating an urban character while they were talking about the general plan last night.It appears to her that the fence height might fit right into that separation.This council has been accused of treating different groups in different ways.There are times when different groups need to be treated in different ways.We have different speed limits on different streets because of the nature of the streets and the nature of the population there.She thinks fences have much the same differences in nature.She understands the vice mayor saying that this fence issue should come out of this and go with the total fences. Vice Mayor Eck stated he would like to see it pulled out and do all the fences together. Mayor Insalaco commented he would like it pulled out so they take care of that problem at one time. Vice Mayor Eck commented they will be doing that in August or September. Senior Planner Rudy Esquivias stated that item will come to them in September. •Vice Mayor Eck commented they should have this item resolved no later than September.If they should happen to pass it, for or against, he was concerned about REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 18 OF 52 the message they were sending the planning and zoning commission when they are still working 'oh the fehce issue. Councilmember Barker commented it is not only that.Planning and zoning has found a better fence materials definition than we currently have.It has a better materials list.If they are going to have all fences after September be made up of "x" material, it would be silly to have these fences go with the current list.She agreed with taking it out of this ordinance.She does not see any recordkeeping in this ordinance.One of the problems that she feels there is in this situation, is if they are saying they have to have a horse there in order to have a horse trailer there, how does code enforcement go out and match any of that without any recordkeeping requirement.They did get a sample of a contract from Beverly Hansen, which is nice, but she does not think they can push a specific contract type on somebody.She would like to see something in here that says that each of these facilities must have the names, the recreational vehicle license plates, the horse trailer license plates, the day they came in and that kind of thing so that it can be checked.She asked if it would be appropriate to have that within this ordinance or should the recordkeeping be put elsewhere. Senior Planner Rudy Esquivias stated there is a monitoring mechanism that they use for market days, where there is a reporting type of requirement for vendors that participate in market days events.He suggested there could be a similar type of process for how many people stay at these facilities.Another way is the language that is drafted into this ordinance relating to the site plan.There are a specific number of spaces that must be administratively approved if people want to have recreational vehicle parking at their facilities.If they start seeing more spaces than are approved then the code officer would have cause to go out to a boarding property and say they have 50 trailers on there when the plan shows they should only be accommodating 25. Councilmember Barker commented she was thinking more of a device that would allow the city to know that "x" boarding stable had this recreational vehicle renting a space for three months.She would like that kept track of because maybe they have 10 spaces there and they REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 19 OF 52 may park one of their own in there.To keep track of these rentals, the city will have a rental problem that will come out of this if we do not have some kind of recordkeeping device in place. Vice Mayor Eck commented they have to go through a conditional use permit originally. Senior Planner Rudy Esquivias stated they would need to get a conditional use permit as proposed. Councilmember Barker commented they do not need a conditional use permit per recreational vehicle. Vice Mayor Eck commented they need a conditional use permit originally so they would have a base map to go back and look at. Senior Planner Rudy Esquivias stated there would be a certain number of spaces allowed under a specific conditional use permit.The question is how they would keep track of all the rentals.It is a monitoring issue and probably a staffing issue as well.The city might want a copy of all of the rental contracts. Councilmember Barker commented that could be a real pain unless they have a cover sheet on them.Ms. Hanson's contract is very all encompassing, but for staff to go through that contract every time they wanted to know who was there would be very time consuming.A cover sheet giving the basic information that would give the city the information needed for rental purposes is something that concerns her.They already have a lot of people there with 2.5 acres. Councilmember Coleman commented when they enacted the commercial boarding on 2.5 acres, they had a couple of people come and say they were boarding horses for some friends and they have friends.They would like to be able to board a couple more horses and charge for it and be able to do it legally.There was no way for them REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 20 OF 52 to do it legally then.It did not include events or renting recreational vehicle spaces on 2.5 acres.He finds it interesting on the information given to them that when comparing Pinal County to us, on handwritten page 24 in the General Rural zone, it states "public riding stables and boarding stables, providing the site contain not less than 10 acres and the buildings housing animals set back from all lot lines a distance of not less than 100 feet."On page 30, Commercial/Agricultural Ranch Zone, Item F, "commercial riding stable or riding school providing that said use shall be located on a site of not less than 20 acres and providing that all stables, barns, animal shelters be no less than 100 feet from a property line of a more .restricted zone".It has the same thing on page 35 for another one of their zoning classifications, Suburban Ranch Zone, Item L, "commercial riding stable or riding school providing that said use shall be located on a site of not less than 20 acres and providing that all stables, barns, animal shelters be no less than 100 feet from a property line".He talked with commercial boarders in the area who have told him that they do not believe it can be done on 2.5 acres, not with renting spaces out.One of the problems that he has is that they have tried very, very hard over the years to keep the low density areas of the community at a low density; those areas north of Superstition, the "Y", and adjacent to the horse trails.He does not know why they would think it would be in the best interest of the neighborhood and of the community to allow that many units to go on 2.5 acres.We had a huge discussion about a 20 acre piece kitty corner from the rodeo grounds.In that instance, it was too much to have 18 units on the 20 acres. There was not enough room.He is at a loss as to if it should be the county 10 or 20 acres, or as in Cave Creek 5 acres with a limit on how many large livestock one can have and how many small livestock one can have.We do not have any such limit. He would be concerned if he lived in an area that has a 2.5 acre piece next to him even if there was not a commercial boarding stable next to him because that could change with a $50 payment and there being no limit on how many recreational vehicles they can have except that they have to be 6' apart.He has some real concerns about that.When they talk about preserving the rural lifestyle, to him that means keeping the low density areas and the horse trails intact.He thinks they need to start moving in that direction as far as some of the state trust land that is a part of the trail system.He thinks they need to start looking REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 21 OF 52 at ways of acquiring that so it is not auctioned off in development.They need to make sure they can keep corridors open to get horses in there where they head into the Superstition Mountains.Those are closing up.If they are going to maintain their lifestyle and equestrian places to live, those are the things they need to be looking at.He feels bad for those that have started operating and renting out recreational vehicle spaces on their 2.5 acre pieces illegally. They are now put in a position, stating in the letters that were given to them by Councilmember Wilson, that the council is now taking something away.The council did not pass anything and is not taking anything away as this is the ordinance that is in place now.In his opinion, it is not good public policy to change something just because people have been breaking it and their neighbors have not seen fit to complain about it.Owners change.His biggest concern is having a full-fledged commercial operation on 2.5 acres in an area that we have tried to keep low density residential.It all started when they boarded a couple of horses legally and could charge for it.He is okay with that.In his opinion, it was never intended that we start to have the low density disintegrate and start to become high density, even if it does include horses. Vice Mayor Eck asked if there are 15 licensed boarders in the city. Councilmember Wilson stated- that is correct. Vice Mayor Eck asked how many of the 15 are on 2.5 acres. •Senior Planner Rudy Esquivias stated there are 1 or 2 grandfathered ones, otherwise all of them are 2.5 acres.There might be 1 or 2 grandfathered ones that are a little bit smaller. Vice Mayor Eck commented they might have smaller than 2.5 acres plus those that are 2.5 acres. Senior Planner Rudy Esquivias stated he did not know for sure. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 22 OF 52 Vice Mayor Eck commented he thought he was going to say they have 3 on 2.5 acres.He thought it would be very minimal. Senior Planner Rudy Esquivias commented if the business licenses were properly issued and the zoning compliance checks were properly done, all of the licensed facilities should be a minimum of 2.5 acres.He knows there are a couple of folks that are operating boarding facilities that are not 2.5 acres, but he does not believe they are licensed. Councilmember Wilson commented they had around 12 of those participate in giving input on this.Of those 12 horse boarding facilities that came together initially on this, they, themselves, were of the opinion that not every one of them wanted to have the capability of having overnight camping.Some of them stated they did not want it, others said if they did they would have to move some of their current stalls or arenas.As a result of the discussions, it came out that it should be set up where they would have to have a special use permit where they would have to come in and have a complete layout of their facilities and show where the horse trailers and overnight campers would be parked.The 2.5 acre facilities agreed that there was basically no way many could do it at all; maybe one or two.This also came from some of the private citizens that attended the meetings. Councilmember Barker commented they could actually move this to 5 acres for recreational vehicles without causing too much of a disruption. Councilmember Wilson commented he cannot speak for all the facilities, but there may be one or two that would like to have a couple.They were also talking about it coming before planning and zoning and that they would have to show how they planned to do this and meet all the requirements; the distance between the two, the setbacks and everything suggested.It would be open to the public for the neighbors to come in.If the neighbors were concerned about the numbers, it could be addressed at that time.They are trying to put in a way that the community could give input so that it would not be something automatic.It would be something that facilities would have to spend some time on and show how it REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 23 OF 52 would work.They would have to sit down and do a lot of work to get this set up.He added he has gotten 2 emails from the State Horsemen's Association and the back country asking for places to stay with their horses in the Apache Junction area.Right now he can only give them two locations:one in the city and one in the county.The city location is grandfathered in so she is limited in the number of spaces.Wickenburg is starting to do more to attract more in their community.We have this huge Superstition Mountain and activities that they can get involved in.They would like to come to our area.Again, they tried to put it in there where the neighbors could come in and talk and work out an agreement as to how many could be there.The smaller the property, the more it would be limited.If you have proper stall size and an arena and possibly a round pen, then the majority of the property is taken up with those things, in addition to having horse trailers parked there.They would have even less room.It is basically self-limiting. Councilmember Barker asked how many horses are normally boarded properly on a 2.5 acre piece of property; properly meaning the proper -sized stall and the proper equipment that goes with it. Councilmember Wilson stated it is dependent on how they set their place up and what amenities they have offered the boarders.It could be 25 to 30 horses.He does not think there are any facilities that have any more than that.They do not have any horse trailers parked on the properties.If they wanted to have horse trailers parked on the properties or have overnight camping, they would have to thin the numbers down. Councilmember Barker asked what is more profitable:boarding a horse or renting a recreational vehicle space. Councilmember Wilson stated in his opinion it is a combination of the two.They are catering to the desires of the people that are boarding their horses there.He does not know how much they charge for their facilities, but they would be renting out a recreational vehicle parking spot and renting out a boarding stall.A lot of them REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 24 OF 52 would be boarding two horses because of them being husband and wife or companions. Vice Mayor Eck asked how the city is supposed to keep track of that. Councilmember Barker commented that is why she was asking for recordkeeping.We have come full circle.There needs to be solid recordkeeping in this ordinance somewhere. City Attorney Joel Stern stated if someone does something on what was passed and did not do it right, then there might be a complaint.Pursuant to a conditional use permit, there would be a request to have the conditional use permit revoked.The city would need very good documentation to the planning and zoning commission to revoke it. Councilmember Barker commented good recordkeeping is a must. City Attorney Joel Stern stated absolutely.It does include staff time and to what extent they are recordkeeping.Possibly the planning manager could talk about that from an administrative standpoint.For a rock solid revocation case, they would need some pretty good documentation. City Manager George Hoffman commented they will seek to have the organization do anything the council wants it to do, but that is set within the context of revenues.We have reduced the general fund by over 30 positions in the last two years.If development services loses any positions he will not seek to fill them.He thinks the budget will continue to get worse as state -shared sales tax income goes down.The overall orientation, outside of public safety, for this organization, is one of contraction.If the council wants to do this, and if they want recordkeeping, they will certainly seek to do it, but the big picture context is one of reduced resources to provide these kinds of services. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 25 OF 52 Councilmember Barker commented having decent recotdk'eeping will use fewer people because the recordkeeping is there, it will not take the time. It is simply a matter of show me what you have, thank you very much and goodbye. City Manager George Hoffman stated it would depend on what information they are going to require and what they are going to require staff to do.It could be true. Vice Mayor Eck commented the initial visit might be a little bit longer, but anything after that will not.He commented he went to the third meeting on this during the discussion stage and it seemed like a real easy process.It seemed like it was almost done.He asked who started crossing the t's and dotting the i's or whatever, because it really seemed like it was going to be a go and not be that difficult.That was his perception at the last meeting. Since then, it seems like it has gotten quite involved.He asked if the key issues were the fence issue and the overnight camping issue. Councilmember Wilson stated that is correct.Those were the two main things.Planning and zoning did discuss recordkeeping.They were very concerned about the amount of boarding versus the amount of information that would be properly taxed and how to get the money.That presented a major discussion.He asked what the city would require if the city really wanted to do something like that.He wanted to know what the other businesses in the community are required to do, and if they are required to come in with exact recordkeeping on their transactions. absolutely are for sales tax. Vice Mayor Eck stated they Councilmember Barker agreed. Councilmember Wilson asked what is required for the current horse boarding facilities. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 26 OF 52 City Clerk Kathleen Connelly stated if the city were to go and do an audit of Abracadabra Automotive, we would look at their books.If their books were deficient, we would do what is called an assessment and say, based upon our conclusions, this is what they owe and if they disagree with it, they have to prove otherwise.In some instances, in a retail store they are able to look at cash register receipts and their ledgers.In some cases it is stacks and stacks and stacks of records.We would expect the same thing of someone in the business of horse boarding.A rental property is a rental property.In the case of horse boarding facilities, we are looking at several categories.They are looking .at retail sales in some instances as they may be selling supplements or some kind of feed or tack.That is a retail sales transaction.They are also engaging in the rental of real property.That would be for the recreational vehicle space and for the stall.The stall is real property.If they engage in trail rides, that is an amusement tax.Someone engaging in the horse boarding business will have multiple layers of taxation. She strongly recommended they keep good records.If not, her staff is in the position of creating those records for them and they would have to produce something to dispute their conclusions.She had advised the planning and zoning commission of all of this information at their meeting on this item. Councilmember Wilson commented they are already under the gun to have this already. City Clerk Kathleen Connelly stated by virtue of the tax code, if they are engaging in that business, if they have a privilege tax number, they are obligated automatically.They need to keep those records. Councilmember Barker commented that satisfies a legal need. City Attorney Joel Stern stated that is from a tax standpoint.There is a particular code that is very well written.It comes from the state model tax code. Senior Planner Rudy Esquivias stated it is pages 71-88 of the item attachment. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 27 OF 52 - City Attorney Joel Stern stated they are talking about other types of records, not necessarily tax records.They are talking about things involving the actual conditional use permit on how many recreational vehicles are there and if it matches the number of horses.He thinks that is the type of scrutiny Councilmember Barker is talking about rather than the tax issue. Councilmember Barker commented that is necessary.She is trying to see what it will take for these folks to cover their proverbial backsides.This covers them, not the city.The city clerk department can walk in, demand records, and if they do not have them they can create the records.It is then the business' job to show the city staff they are wrong and to prove it.It is fine if they do not need it in the ordinance, but they need to cover themselves if these people who have been boarding horses are now going to go into the business of renting a space for campers.She asked if they need to put it in the ordinance or is the total burden of proof on them and who cares if they have it or not. City Clerk Kathleen Connelly stated something that is very important is that the information that is generated in accordance with the tax records is confidential.She cannot share that with code officers. Councilmember Barker commented she could not share it with planning and zoning in the case of an appeal. City Clerk Kathleen Connelly stated she cannot do that. Councilmember Barker commented if she is bringing something up that is totally off the wall and does not need to be discussed, please feel free to tell her so. City Attorney Joel Stern stated the conditional use permit regulations are fairly general.There has to be convincing evidence that there has been a violation.It depends on what they are going to violate them on or revoke them on.The authority is not in the code REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 28 OF 52 right now, not to the extent of the tax code.Someone may need to get a warrant to go on the property if the owner does not want to cooperate with the city. Councilmember Coleman asked if he said it would depend on who they were going to violate or what they were going to violate them on. City Attorney Joel Stern stated it would be what they were going to violate them on, not who.The city does not discriminate. Councilmember Coleman commented number 28 of the packet of information they were given is an example of a boarding agreement from one of our local stables.It is pretty detailed.It has agreements from the boarder and their signature, their information, how much they charge, their monthly fee schedule for the different services they provide, and the name, breed and markings of the horse. It asks all kinds of questions.He thinks it would be fairly easy from this, if people were required to keep it on file, to take a look at and match up recreational vehicles with horses.If they are going to say one horse per recreational vehicle, it would be pretty easy.However, he still has a problem with what was never intended to be a commercial boarding stable on 2.5 acres now being allowed to have recreational vehicles.He does not think it is right.He does not think it is right for the neighbors.He thinks they will have neighbor pitted against neighbor when they go in for the conditional use permit.He does not think it is going to be healthy for the community. Councilmember Wilson asked if the city could mandate by putting it in the ordinance that the horse boarding facility would have to maintain a complete record of all horses to include the trailers and in some cases the recreational vehicles, meet all the requirements of code enforcement, and be cooperative with code enforcement.If code enforcement has a complaint they could come to the facility and say they want to see their current records for everything that is on the property. City Attorney Joel Stern stated they can mandate something like that.They could also REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 29 OF 52 add it shall be open for inspection for certain hours upon reasonable 24 hour notice.S'ome of these things did not come up at the planning and zoning commission at all.Rather than come up with language tonight to put this into the document, he suggested they need to talk to representatives of the 15 licensed boarding stables.Staff should meet with them and come up with some suggested language on that issue alone, and then bring it back.Or they could hear from them tonight as it is a public hearing.However, it is tough to come up with general language tonight as we may miss some things. Vice Mayor Eck commented they have to.They cannot just close a public hearing. City Attorney Joel Stern stated he is suggesting they hear the public, hopefully they may hear some suggestions tonight, and then direct staff to meet with some members of the community, come back with some language, rather than do a knee jerk reaction to this type of issue. Vice Mayor Eck commented there are 15 items on here.They could let those people know the items they have concerns with and let the public address those.There are maybe 4 items that they have concern about, including the overnight camping, the fence issue, which should be thrown out because they will be resolving that shortly.They should let them know the items they have a concern about rather than give them the appearance they have a problem with the entire 15 items. Councilmember Barker commented she thought the council had been showing them the items the council had concerns with. Councilmember Wilson asked if they could pass the majority of this with exclusions for making the wording on recordkeeping and the fencing. City Attorney Joel Stern stated they can pass whatever they want.They can exclude whatever they want.They can come back with another item which would be the recordkeeping or anything else they want to bring REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 30 OF 52 back.Because it is related to the discussion, he does not think it would have to be broUght back to the planning and zoning commission.There would be that concern.Someone could say they did not get full notice on this but he thinks because it could have been brought up, it comes under the same context. Technically he does not think it has to be brought back to planning and zoning. Senior Planner Rudy Esquivias commented in regards to revoking a conditional use permit, it would be revoked because they did not meet one of the conditions of the ordinance or a possible added condition under their specific conditional use permit.It is a land use issue.The business license issue would be a whole separate issue unto itself.Secondly, if they do want to extract a couple of items from the ordinance, those being item number 6 and item number 12, than they might also want to remove item number 8 because it relates to recreational vehicle parking. Councilmember Barker commented she saw what he was saying.It is because of the PM- 10. Senior Planner Rudy Esquivias commented this is kind of a catch-all.They are required to comply with PM -10 anyway. Councilmember Barker commented she thinks it was a good thing to have in there.She was glad to see it. Vice Mayor Eck commented he is trying to see if they can move this forward and get something done. Councilmember Barker commented she wished they could wrestle through numbers 6 and 8 and take the fences back to planning and zoning to play with them along with the rest of the fencing issues they are working with.The recordkeeping can be a separate issue.She thinks everyone that is here tonight understands that concern.She knows several people already do this and it is a moot point for them.She wished they could do something to get it through, REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 31 OF 52 however they want to get it through, because that is a prime piece of this.It is the piece involving the recreational vehicle camping that is the big deal.She thinks everyone understands what the fencing issue is.She thinks most people would rather see the fencing be tackled all at the same time. It makes sense.The recreational vehicle camping was one of the big issues that people wanted.That seems to be the real struggling point. Councilmember Wilson agreed. He reiterated on the recreational vehicle camping that it was something that came about when they started the initial meetings.There is a booklet at Paula's Tack Shop that he was going to buy that lists all the places across the nation where you can go with your horses and have overnight stays or camp. More and more retired people decide they would like to go and travel with their animals.They like to stay where the animals are.This is a very limited service that some of these horse facilities would like to offer.We heard some comments concerning some that were doing it illegally.He thinks some of them were doing it because they did not realize they could not. When they found out they could not, they withdrew them. Apparently, right now, there is only one facility in the city that can have it and she is on 5 acres and has 8 places that are grandfathered in.She does not have the ability to expand those 8 much more than what they are.We are talking about something that will be limited.These are things that will be going through the special use permit.It is something that can be worked out.He understands that it could set neighbors against neighbors, but this happens over many other issues as well.He would like to be able to vote on number 6 tonight as well, which would include number 8.He understands the idea and supports moving the 6' fence to tie it in with what is going on right now in planning and zoning. Councilmember Barker commented she would like to hear from the public on this. Mayor Insalaco opened the public hearing on the item. Ms. Sharna Watson, 2140 N. Warner Drive, Apache Junction, addressed the council.She lives REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 32 OF 52 across the street from Superstition Stables and commented they do not cause any problems.She considers them the best neighbor that she has. Ms. Mardi Devolites, 1865 S. Sombrero Road, Apache Junction, addressed the council.She is a horse trainer, owner and active in the horse community.She feels the stables in the area provide reasonable requirements for the public and the horse boarders.She recommended they pass the ordinance, understanding the fence issue.The smaller facilities would not be able to have hardly any, if any, recreational vehicle spots but it would be nice if the larger facilities could accommodate more.The problem is the recreational vehicle parks in the city will not allow living quarters horse trailers even though no horses are on the property. Ms. Sandra Eastman, 1527 N. Wickiup Road, Apache Junction, addressed the council.She is a horse owner and wants to keep the horse atmosphere, but this is about a business that can be operated in her residential neighborhood, not commercial properties.She requested the city enforce the regulations for R-143 and voiced her concerns with the problems these stables have caused in her neighborhood and the decrease in value of her property.She requested the council deny the proposed ordinance and set limits on the number of horses allowed on the properties. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council.He stated he agreed with most of the issues.He believes the city can have the most horse -friendly ordinances in the entire West.He would like to see the fencing wait until the front yard definitions are done.He made suggestions on what could be done with current and future fences.He finds it ironic that there is commercial sneaking into quiet, residential areas.He requested they bring back item number 6 and item number 12 as separate items after reviewed, and approve the remainder. Ms. Beverly Hansen, 2151 N. Warner Drive, Apache Junction, addressed the council.She owns Superstition Stables.She feels the council will have a lot of say so as to what is going in with the site plan and conditional REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 33 OF 52 use permit.She commented on the snowbirds with horses that come back every year and spend lot of money.They come here together knowing they will see certain people, and they will go if there is no room for their friends who end up going elsewhere.Those with 2.5 acres would have to make a choice on overnight camping or more horses being boarded.This is another source of revenue that could go elsewhere. Mr. John Kantowski, 835 W. Windsong, Apache Junction, addressed the council.He was concerned about chain link fencing not being allowed for the 6' fences.He commented on the upcoming Pinal County General Plan and that the city general plan does not define where the horse properties are.It should be defined in the new one. Vice Mayor Eck commented if they want to divide it, R-143 is for houses only. Mr. John Kantowski added the flyer was put out in an organized manner to people that had fences above the limit to bring it to their attention that they could be cited. Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council.He commented on some people who had a 5 acre site who were told they could have people camping on their property.They later went out of business.People who move here know they are in horse territory; the horses bring in an industry and are family- oriented.He commented on how Snowflower by Donner Pass handled the situation.He urged them to pass everything they can pass on it. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He commented on his being prosecuted for not having a business license for renting a room where he was living. Mayor Insalaco commented this has nothing to do with horse boarding.He asked him to keep his comments on horse boarding. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 34 OF 52 Mr. Elliott Fisher commented the recreational trailers aid a rental situation and need to be documented.It requires a separate business license and they should be limited to 5 days instead of being able to stay there for as long as they want.He commented they should not have a two tier situation with different rights for 2.5 acres versus less land.He commented the boarding parties should check in with the city and get issued a permit from the clerk's office with a fee that goes with it. Mrs. Shannon Flynn, 305 N. Acacia, Apache Junction, addressed the council.She stated the boarding establishments need to be considered and the city should work with them to keep them in business. Mr. Eric Messina, 2623 E. 4th Avenue, Apache Junction, addressed the council.He commented most of the boarding facilities are between 1-10 horses being boarded.The ones on smaller acreage can only accommodate a certain amount of space.Most of the ones on 2.5 acres will probably not have camping.He personally would not want it on his property.The camping space would probably take up 4-5 stalls.He spoke about the general fly problem and what is contained on a boarding contract. Ms. Edna Driscoll, Gilbert, addressed the council.She relocated to Arizona specifically for horse property and is buying a horse property in Apache Junction and moving here in three weeks.She understands there being a limit on the number of horses being boarded on a property.She would like to see the lifestyle preserved; it is why she moved here.Everything is accessible.Unlike in Southern California, she has not seen people homesteading on large lots.She does not see the retail side at the horse boarding facilities.She asked them to study the subject very well. Ms. Tricia Holland, 975 S. Royal Palm Road, Apache Junction, addressed the council.She was from England and moved here to learn how to ride like a cowboy.She likes the way the horse people are treated here. She encouraged the council to take care of the boarding facilities. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 35 OF 52 Mayor Insalaco closed the public hearing with no one else wishing to speak.He commented they are not taking the horse boarding facilities away and they are not pushing the horse people out.It is mainly the 2.5 acre boarding stables that want to have travel trailers.This is something that has been illegal.It is what they are trying to stop, correct or do something with.They are not pushing out the horse people, making them go away or getting rid of them. There has been some false information out there.Possibly they did not understand, but they are not getting rid of them.They want to be protected, yet they have 35,000 other people in this city that want to be protected, too.The council has their rights, too, to worry about. Vice Mayor Eck commented he feels like the whole horse boarding issue was created to protect the current 15 boarders in the community.From then on it became about other things.There have been so many tangents added along the way, he thinks they need to wipe away some of those tangents and get down to what they can accept to make this work.Such as the fence thing; they will go with that.The other issue is the overnight camping.If we resolve the overnight camping, he believes they will pretty much be there. The council agreed in consensus. Vice Mayor Eck asked what they can do about the overnight camping. Councilmember Barker commented they have to look at the multiple facilities that will be coming in the future, not just the ones now.We have a foundation. Councilmember.Wilson commented Ed Dison had talked to a _group of people who were concerned about the start up of other facilities in the area. One of the conversations from planning and zoning was addressing the: locations .of the horse boarding facilities.He thinks those issues could: be addressed separately.Ms. Eastman was saying she would not be able to say anything about a facility going in across the street from her.If they want to address that, it is REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 36 OF 52 something they can do.They can send it back to planning and zoning to do something along this line.He can understand her concerns but on the same token what they have here addresses the current facilities in the city right now.When they set this up, they asked the legal facilities to come in and help us out on this.We talked about allowing some of the smaller facilities to do some training activities, but that is completely separate from this.He agreed with the mayor on that we are not trying to chase out the horses in the community. Being a horse owner, he admits to that.They are not trying to regulate them.They addressed changes that allow different things on the current horse boarding facilities that are legal and that have a legitimate tax privilege license.We are addressing problems that were experienced by some of the facilities which started well before he was put on the city council.He also wanted to clarify that he does not own a horse boarding facility.He has five large horses, a pony and a miniature horse that are owned by his wife and him.This is not his issue; he just tried to bring the two bodies together to address the issue.He will not profit from this.His sons do not own anything; he wanted to assure everyone on that.He has nothing to gain from this but he is interested in it.He has been behind it and has been very, very pro in keeping it going forward. Councilmember Serdy cOmmented he is from a rural area where there are no towns.He hates it when legislators from urban areas and voting blocs tell the people that live in outlying areas, such as ranchers, hunters, loggers, fishermen, coal miners, that do not live that life, what to do.He goes on their recommendations.They closed Alaska; these people are never going to go to Alaska.He has only heard one negative and he has not been contacted by a lot of people with negatives.He will go on the recommendation of the people he thinks need this.He would like to see more boarding facilities and get the reputation out there that this is the place to come if you want to bring horses and live. Vice Mayor Eck commented the -feels that they are really stuck on just the one item.They will work on the fence later.They- are stuck on the overnight camping.He asked hoy they could address that, if it would have REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 37 OF 52'. to go through a conditional use permit to get the tax privilege license. City Clerk Kathleen Connelly stated they would not get the tax privilege license through a conditional use permit. Councilmember Barker commented the conditional use permit would be what would allow the camping on the property. Vice Mayor Eck commented that there will have to be a payment made. City Clerk Kathleen Connelly stated he is correct that the conditional use permit would allow the use and she could not issue the license unless the use is permitted. Vice Mayor Eck asked if the process they would use is that staff would go out, do an initial investigation, jot down their notes, keep a site plan, and then at any given time go out once or twice a year to take a look at it and see that it is the way it was set up.He asked how it would be controlled. City Attorney Joel Stern stated if the property was allowed pursuant to a conditional use permit allowed by the planning and zoning commission, with conditions attached, staff could go and check.If everything looks good, there would never be a revocation unless there is a violation. Vice Mayor Eck commented he was hoping they would go out confirming rather than searching. City Attorney Joel Stern stated it is a staff issue on enforcement. Vice Mayor Eck commented and on what the citizen is doing with their property.They could be doing okay or they could not be.It seems like that is what it REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 38 OF 52 is coming down to.If it is, he is just trying to get this thing wrapped up as much as po8§ible. Councilmember Coleman reiterated the reason they allowed commercial boarding stables to go into residential areas was with the intent of allowing them to board a couple of extra horses, to be able to do it legally, and to charge for it.The statement was made that is the city willing to pay for a loss of value to property.He does not think they can go as low as 2.5 acres to allow recreational vehicle parking in a residential area. Councilmember Wilson asked what he thought it should be. Councilmember Coleman commented if they look at the other communities, it is 10 to 20 acres. Councilmember Wilson asked if it was not 5 acres. Councilmember Coleman commented it is 5 acres in Cave Creek which has a limit on how many horses you can have.Chip hedged when he was asked if he would limit the number of recreational vehicles.He would not because that limits the number of horses.He asked if that was right, if they allowed one recreational vehicle per horse.It seemed to him he could not see the horse community supporting that.The only stipulation is that they be 6' apart.It is the one hang up he has.He could see someone who is boarding a horse wanting to park a horse trailer there.He can understand that.He is not ready to turn the low density residential areas of the city into de facto commercial properties. Vice Mayor Eck commented when he came on he asked what R-143 and he was told by Rudy it was a section over here and General Rural is over there.He had asked why the difference.Rudy had told him that R-143 is for homes only and what you will see through time are these $500,000 or $600,000 homes and in the other part you will not.That is exactly what gradually happened through those years.He does REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 39 OF 52 have a concern that those homes might be infringed upon.He does not know that it is happening right now. Mayor Insalaco closed the discussion and called for a motion. Councilmember Wilson MOVED THAT ORDINANCE NO. 1343 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Wilson MOVED THAT ORDINANCE NO. 1343, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENT:THE REMOVAL OF NUMBER 12 CONCERNING FENCING. was the entire motion. it is. THE MOTION. Vice Mayor Eck asked if that Councilmember Wilson stated Councilmember Serdy SECONDED VOTE:3-3 (Mayor Insalaco and Councilmembers Barker and Coleman voted in opposition.) The motion failed. Councilmember Coleman MOVED THAT ORDINANCE NO. 1343, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS:THAT WE REMOVE ITEM REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 40 OF 52 NUMBER 12, THE FENCING, AND THAT WE ALSO REMOVE ITEM 6 AND 8 ON THE OVERNIGHT CAMPING. Councilmember Barker asked if they are to be removed or referred elsewhere. Councilmember Coleman commented they can be referred elsewhere. City Attorney Joel Stern stated they can be brought back at a date and time. Councilmember Coleman asked if 6 and 8 refer to all boarding facilities. Councilmember Barker stated they do. Councilmember Coleman MOVED WE NEED TO BRING IT BACK WITH A RECOMMENDATION ON THE SIZE OF THE FACILITY TO ALLOW ITEMS 6 AND 8.He asked if they needed a date certain. City Attorney Joel Stern stated they do not because if they bring them back, they will come under .a different ordinance.It would probably be just for a work session.At. a later date they can be directed to draft another ordinance on those items. Mayor Insalaco asked the city clerk if she had gotten everything. City Clerk Kathleen Connelly stated the motion is to remove items number 12, 6 and 8 .and to bringithem!back :at a later date at _a work session for further discussion. Councilmember Barker commented.she thought they wanted the fencing issue to -go_back to planning and •zoning and not to come back to the council .at a later date for -a .work session. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 41 OF 52 City Attorney Joel Stern stated the motion was to hae it come back for a work session. Councilmember Barker asked if she could amend the motion to have 12 go back to planning and zoning rather than come back to us in a work session. Councilmember Coleman asked to have his motion reflect that ITEM 12 GO BACK TO PLANNING AND ZONING RATHER THAN COME BACK TO US IN A WORK SESSION. City Clerk Kathleen Connelly stated number 12 goes back to planning and zoning and numbers 6 and 8 come back to them separately in a work session. Mayor Insalaco stated that is correct. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ORDINANCE NO. 1342, AMENDING CITY CODE, VOLUME I, CHAPTER 2, ARTICLE 2-4 COUNCIL PROCEDURE,SECTION 2-4-6 ORDER OF BUSINESS )City Attorney Joel Stern briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Louis Babin, 2191 S. Belair Road, Apache Junction, addressed the council.He asked if this is to move it to the end of the meeting. Mayor Insalaco stated that is correct. REGULARMEETING OF THE CITY COUNCIL JULY 7,_2009 PAGE 42-0F.52 Mr. Louis Babin asked if it is to not televise Call to the PUblic over the broadcast airways. stated that is incorrect. will be aired or not. not be aired. would be webcast. City Clerk Kathleen Connelly Mr. Louis Babin asked if it Mayor Insalaco stated it will Mr. Louis Babin asked if it Mayor Insalaco stated it will not be webcast.He added he can go get a copy. Mr. Louis Babin commented he is for moving Call to the Public to the end of the meeting.He is not for not televising or webcasting it.He was concerned about an infringement on his rights. Mayor Insalaco commented Call to the Public is not a right.It is something that the council provides to the people. Mr. Louis Babin commented that is true, but the spirit of the Arizona Constitution seems to suggest that it is a good idea to allow people to speak in a public forum.He feels that not broadcasting it is censorship as in China, North Korea, Iran and countries like that. Mayor Insalaco commented Call to the Public is something that you bring to the council.It is not for something you want to bring to the public.Call to the Public means that you have something that you want to present or talk to the council on, not the public. Mr. Louis Babin stated he understands that as a matter of law the city council has the right to not have a Call to the Public.He stated people should REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 43 OF 52 be allowed to speak freely in a public forum but they have the responsibility to not abuse that right.He believes the council feels some people have abused that right. Mayor Insalaco commented they have abused it tremendously. Mr. Louis Babin commented he hoped they would not punish the vast majority of people like him that have to be somewhere else and cannot attend meetings that would like to turn on the television and see what happened at the meetings. Mayor Insalaco commented he has a right during a public hearing. Mr. Louis Babin commented that is if he can be here.It would be very good for him to see it on television if he wants to see what went on.It might encourage him to come to a city council meeting and expound on an issue that was spoken about at a Call to the Public.He hoped they would amend the part to continue to air Call to the Public. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council.He stated he would make it an important point in the next election that if they vote for Fisher, they would have their chance to speak 5 and maybe more minutes at Call to the Public. Mayor Insalaco commented he looked forward to Mr. Fisher running against him again. Mr. Elliott Fisher stated he had said it was censorship before, and he is saying it again. They are doing a disservice if they are not allowing the people to get both sides of every story.It is a privilege, they have a right to move it or remove it entirely or not televise it, but he believes it will do more harm than good. Mayor Insalaco asked him if he would like it removed completely. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 44 OF 52 Mr. Elliott Fisher stated he would not.But this increase the debate and brings people into the debate that might not have a chance otherwise. Mr. Noel Benoist, 900 N. San Marcos #79, Apache Junction, addressed the council.He commented some of the misinformation at Call to the Public comes because they cannot have back and forth communication during it. The rest of the story gets out afterwards.They need to encourage more communication.He suggested it be televised with side comments edited in to correct misinformation.They need to work together better. Mr. Eric Messina, 2623 E. 4th Avenue, Apache Junction, addressed the council.He commented there are certain grandstanders that abuse the privilege.He suggested making a list and not allow those people to speak. Mayor Insalaco closed the public hearing with no one else wishing to speak.He opened the item to council discussion. Vice Mayor Eck commented he thinks the majority of the people that want Call to the Public to remain televised are the same people that were grandstanding during election time.They want to work it out and be fair, but if they were not grandstanding and campaigning during those other meetings, we never would have moved it to where it is.He would personally consider going in baby steps and move it from where it is at to the back of the meeting and try to televise it.If the televising is similar to what it was at the beginning of the meeting, then, after a couple of meetings, they will not televise it.If televising is not a problem and they are just giving information then it would remain televised.If it becomes another political thing, he would automatically say pull it. Councilmember Coleman commented if you go back to the basic purpose of Call to the Public, it is to address the council.If Mr. Babin or anyone else needs to address the community, they can write letters to the editor or go on the blogs.There are all kinds of ways to get their message out to the public.He thought they had talked REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 45 OF 52 about some of the abuses really during the election like addressing people to campaign 'sites.He asked how much value do they put on 3 minutes of television time during an election and how do they report it.There are a lot of problems.He agreed that election time is probably the most difficult time to .make sure that Call to the Public is used for the public to address the council on items of interest.That really is the purpose of Call to the Public.It is not for the public to address the community.If you miss a meeting it is still available on DVD at the city clerk's office. Councilmember Serdy commented if they did do the vice mayor's suggestion, which he was also thinking, and televised it, he wanted to know about the legalities of editing, such as if someone gets up and starts giving a political speech or names a product by name, advertising that they have this product for sale.He knows that Matt has edited things before when there has been profanity.He asked if they have the possibility of selective editing. City Attorney Joel Stern stated unless it is an obscenity issue, he does not recommend it.He asked what they would bleep out.It would be difficult to decide. Mayor Insalaco asked who would make the decision. City Attorney Joel Stern stated that is correct.It would be a tough one He pointed out that they have Ordinance No 1342 before them which essentially moves .the item to the end of the agenda.There is a whereas clause that does talk about not broadcasting it, but it is not in the body ,of the ordinance. Councilmember Barker commented the purpose of this ordinance is simply to move it to the end of the meeting. City Attorney Joel Stern stated that is correct. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 46 OF 52 Mayor Insalaco closed the discussion with no further dothment8 and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1342 BE READ BY TITLE ONLY WITH THE EMERGENCY CLAUSE AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. Councilmember Barker MOVED THAT ORDINANCE NO. 1342, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Eck SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS: None. NEW BUSINESS APPOINTMENT TO FILL VACANCY ON 'PLANNING AND ZONING COMMISSION )Planning Manager Fred Baker briefed the council on the_item. Vice Mayor Eck MOVED TO APPOINT CHRISTA RIZZI TO THE PLANNING AND ZONING COMMISSION FOR A TERM TOEXPIRE OCTOBER 31, 2011. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 47 OF 52 Mayor Insalaco asked if there was another nomination. Councilmember Wilson MOVED TO APPOINT ERIC MESSINA TO THIS POSITION. Vice Mayor Eck commented he liked them all. Councilmember Barker MOVED TO NOMINATE JAMES SALISBURY TO THE PLANNING AND ZONING.She commented she would like to give her reasons for this.Mr. Salisbury has not been through the Citizens Leadership Academy, however, she feels that they have wanted to give these positions to graduates of the Citizens Leadership Academy for a reason, and they were good reasons.Mr. Salisbury expressed an interest in the academy and led her to believe that he would more than likely go through with that.She loved his enthusiasm and she loved the way he spoke. Mayor Insalaco called for any more nominations.There being no more nominations, he called for a vote on the first nomination.The first one was Christa Rizzi.- VOTE:5-1 (Councilmember Wilson voted in opposition.) During the vote there was general discussion on if a councilmember could vote yes for more than one nominee.It was determined they can. Councilmember Barker commented during the vote that she thinks Christa Rizza will be a wonderful addition to this and she is looking forward to filling the two positions she will have to resign from. The motion carried. Vice Mayor Eck commented he liked all the applicants.They had 5 applicants show up for the interview and they all did a good job.Eric did a fantastic job.He advised John it just takes a little persistency. Christa has been in front of them once or twice before to get REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 48 OF 52 this position.Sometimes it takes once, sometimes twice.He advised them to keep trying if they really want the position, they will eventually get the position.He did really like James Salisbury; he thought he had a good sense of humor. commented it was 5-1 not 6-1. City Attorney Joel Stern City Clerk Kathleen Connelly stated that is correct. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Eck announced that the work session of July 20, 2009 and the regular meeting of July 21, 2009 have been canceled.. He MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, AUGUST 3, 2009, 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, AUGUST 4, 2009, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC: Ms. Christa Rizzi, 1755 S. Sombrero, Apache Junction, thanked everyone who participated at the Fourth of July celebration, especially Chief Monahan and Councilmembers Serdy and Wilson for volunteering their time in the dunk tank, and to Jeff Bell and Kelly Martin for helping set up the Apache Junction Drug Coalition booth. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 49 OF 52 Mayor Insalaco thanked her for all the work she had done for the community, and commented that While the other two were getting dunked there, he was getting dunked at the American Legion. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding an initiative on Call to the Public and requested the budget documents be available to the public for the meeting in the future. Councilmember Wilson commented he appreciated working with the group at the dunk tank on July 4 and inquired how much money was raised. Vice Mayor Eck commented they raised $800. Councilmember Coleman commented the final budget documents will be on the city website. Vice Mayor Eck requested a number of copies of the budget be put out front so that residents could follow along, enough so that we do not run out.If they are not going to be using the computer, and they cannot see it, it would be nice to have a handheld piece of paper that is the actual budget.He added that as of right now, we have not set in stone that if a person gets appointed to another position they must resign from a secondary position.He then directed the city attorney to look into that. ADJOURNMENT Mayor Insalaco adjourned the meeting at 11:09 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2. Acceptance of Minutes of Regular Meeting of June 16, 2009. 3. Appointment of Deputy City Magistrate. 4. Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2008-2009 fiscal year. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 50 OF 52 5. Consideration of co -sponsoring League resolutions by Town of Oro Valley, City of Sierra Vista and City of Sedona. 6. Consideration of proposed Resolution No. 09-40, accepting an intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation for the design and reconstruction of Ironwood Drive from 16th Avenue to U.S. 60; and authorizing and directing staff to take all steps necessary to carry out the purpose and intent of this resolution. 7. Consideration of approval of Professional Services Agreement with G and G Consulting, LLC for a Downtown Revitalization and Implementation Strategy. 8. Consideration of adoption of the Fiscal Year 2009-2010 City Council Work Plan. ACCEPTED THIS 4TH DAY OF AUGUST, 2009, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF AUGUST, 2009. ATTEST: KATHLEEN CONNELLY City Clerk HN S. INSALACO ayor 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 7th REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 51 OF 52 day of July, 2009.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th of July, 2009. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2009 PAGE 52 OF 52