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HomeMy WebLinkAbout2018-05-01 City Council Regular MinutesCITY COUNCIL REGULAR MEETING MAY 1, 2018 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 1, 2018, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present:City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Michael Weller Parks and Recreation Director Liz Langenbach Development Services Director Larry Kirch Economic Development Director Janine REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 1 OF 17 5 Others Present: Solley Public Information Officer Al Bravo Economic Development Specialist Elan Vallender ACCEPTANCE OF CONSENT AGENDA ) )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy read a proclamation designating May 19, 2018 as Kids To Parks Day and presented it to Parks and Recreation Director Liz Langenbach. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Wilson thanked Police Officer David James for stopping a wrong way driver attempting to get on US 60. Councilmember Barker announced most of them attended the senior interviews at Apache Junction High School and it was an amazing experience. Councilmember Rizzi announced she and Councilmember Struble also attended the interviews and she was very impressed. Councilmember Rizzi announced she attended a suicide prevention event with Vice Mayor Wilson on the ripple effect.It was very moving.If you see someone struggling with depression, reach out to them. Councilmember Rizzi announced they all attended the Golden Rule Banquet which was amazing with incredible entertainment. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 2 OF 17 Councilmember Rizzi announced several of the council attended the Four Peaks D.A.R.E. graduation ceremony. Councilmember Rizzi announced she attended the Sunshine Acres grand opening, a new thrift store in the community.They do a lot for foster children in the community. Mayor Serdy commented if you want to help one of the thrift stores, Sunshine Acres is very worthwhile.They have helped with the upbringing of foster children for thirty years. Mayor Serdy announced a couple of Saturdays ago he attended the Legion of the Silver Rose ceremony honoring victims of agent orange from Vietnam. Councilmember Struble announced the student council from Imagine Prep.Their basketball team took second in the state for their division.He introduced the council and other students attending the meeting.The student council announced various accomplishments during the year. Councilmember Struble announced he attended the Friends of Apache Junction golf tournament over the weekend in Queen Valley. Councilmember Struble commented it is always an amazing time to see kids talk about their future at the senior interviews. Councilmember Struble announced they were supposed to have a car wash this Saturday for Peralta Trail but it will probably not happen due to everything that is happening.He will let everyone know when they do as they are raising funds for a classmate that needs surgery. CITY MANAGER'S REPORT City Manager Bryant Powell commented on the upcoming free dump week, the Irun series for Parks and Recreation, the ongoing transportation plan with a bike event and the Lady Prospectors were in the softball quarterfinals this afternoon and won. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 3 OF 17 RESOLUTION NO. 18-14, ESTABLISHMENT OF A NEW SINGLE CENTRAL BUSINESS DISTRICT WHICH WILL REPLACE THE EXISTING SINGLE CENTRAL BUSINESS DISTRICT/RESOLUTION NO. 18-12, ESTABLISHING THE OLD WEST HIGHWAY REDEVELOPMENT AREA/RESOLUTION NO. 18-13, ADOPTION OF A NEW REDEVELOPMENT AREA PLAN FOR THE OLD WEST HIGHWAY REDEVELOPMENT AREA/ RESOLUTION NO. 18-15, RESCINDING THE CROSSROADS REDEVELOPMENT AREA AND ITS ASSOCIATED REDEVELOPMENT AREA PLAN )Economic Development Specialist Elan Vallender briefed the council on the item including that adoption of the plan will not create any tax increase, it will not rezone any properties, it will not displace any residents from their homes and will not remove any public hearing requirements from any existing processes now being followed. Mayor Serdy commented after he mentioned this the last time there were some residents who were very worried.He was able to meet with them and let them know about the issues. Economic Development Specialist Elan Vallender stated he had a nice meeting with one of the residents within this area and she expressed some concerns.He continued with his briefing. Mayor Serdy opened the public hearing on the items.There being no one wishing to speak, he closed the public hearing and reopened the items to council discussion.There being no further discussion, he called for a motion on Item No. 6. Councilmember Rizzi MOVED THAT RESOLUTION NO. 18-14, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING AN, AREA AS THE SINGLE CENTRAL BUSINESS DISTRICT OF THE CITY OF REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 4 OF 17 APACHE JUNCTION, ARIZONA; AND RESCINDING RESOLUTION NO. 00-10, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Serdy called for a motion on Item No. 7. Councilmember Evans MOVED THAT RESOLUTION NO. 18-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SETTING FORTH FINDINGS IN SUPPORT OF THE EXISTENCE OF ADDITIONAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF APACHE JUNCTION THAT QUALIFY FOR REDEVELOPMENT PURSUANT TO ARIZONA REVISED STATUTES § 36- 1471,ET SEQ.;AND ESTABLISHING THE OLD WEST HIGHWAY REDEVELOPMENT AREA, BE APPROVED. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Serdy called for a motion on Item No. 8. Councilmember Waldron MOVED THAT RESOLUTION NO. 18-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND ADOPTING THE OLD WEST HIGHWAY REDEVELOPMENT AREA PLAN FOR THE OLD WEST HIGHWAY REDEVELOPMENT AREA, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 5 OF 17 The motion carried. Mayor Serdy called for a motion on Item No. 9. Councilmember Barker MOVED THAT RESOLUTION NO. 18-15, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESCINDING RESOLUTION NO. 98-15, THE ESTABLISHMENT OF THE CROSSROADS REDEVELOPMENT AREA PASSED AND ADOPTED BY THE CITY COUNCIL ON MAY 19, 1998; RESCINDING RESOLUTION NO. 06-23, THE APPROVAL OF THE DOWNTOWN IMPLEMENTATION PLAN FOR THE CROSSROADS REDEVELOPMENT AREA, PASSED AND ADOPTED BY THE CITY COUNCIL ON JUNE 6, 2006; AND RESCINDING RESOLUTION NO. 13-35, REAFFIRMING THE CROSSROADS REDEVELOPMENT AREA AND PLAN, PASSED AND ADOPTED BY THE CITY COUNCIL ON NOVEMBER 19, 2013, BE APPROVED. Vice Mayor Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. DIRECTION TO STAFF RESIDENTIAL COLLECTION OF REFUSE AND RECYCLING )Development Services Director Larry Kirch briefed the council on the item. Councilmember Evans commented he mentioned the electronics and the white goods.She asked if this would also include motor oil and tires.Where they are putting in the new turnabout one can see there is a whole stack REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 6 OF 17 of tires that were unearthed.She asked if that would be included in the verbiage for the current motion or would they have to add hazardous waste to encompass all of it. Development Services Director Larry Kirch stated they have household hazardous waste.They can include that if they want to explore that as part of the request for proposal.They currently have a system.There will be two of those events according to the budget last night. Different cities grow into it.Some cities actually have it where you call them up, get on a list and they will come and pick up your old cans of paint and Drano.Other cities decide that you can haul it in on a Saturday.Currently we write up tires for attracting mosquitos.They write it up as storage of tires.A lot of stores will just charge a fee for keeping the tires but somehow they accumulate.Tires can be taken to the drop off day when we do that.It is kind of like an amnesty day.It is up to the council if they want to include storing household hazardous waste.It is all part of the same waste stream.They did not include it here because it is kind of hard to do in one day and now this could expand it to two days. Councilmember Evans commented if it becomes a request for proposal they do not know who will bid on it.They might want to pick up some of that as well or not.She thinks it should be more inclusive. Development Services Director Larry Kirch stated they can put it as a bid option.They could have a bid and say they are going to do this.A lot of cities are like restaurants where you can order a la carte.They can order the special or they can order a la carte.Some cities say here is what they are going to do, this is what the company bid on, and then they get alternative bids for A, B, C and D.Those alternative bids might include alley pick up once a month or quarterly, it is however they can come back and complete the bidding process. Mayor Serdy commented if this plays out to the full extent the city will be telling some private companies that they cannot do business in the city. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 7 OF 17 City Manager Bryant Powell stated that is a possible outcome.For example, Florence, Chandler, Queen Creek and almost every valley city has one trash company where residents do their residential trash pick up. Development Services Director Larry Kirch stated the free market comes into play when they bid on the request for proposal.They may be excluding some over others but it is whoever puts the most qualified bid together. That is where the private market place comes in, in terms of the free market enterprise system. Mayor Serdy asked how this compares to the tow contracts where we have more than one company and that gets very competitive and there have been some heated discussions.He asked if they would be opening up the city to lawsuits. City Attorney Joel Stern stated that is a compound question and could take a while to explain.Basically, the tow contract was for towing vehicles that the police department requested for tows and that was the only scope of it.It is limited.Tow companies can still tow private individuals' cars and that individual would have to call them up to do it.It is a little different.This is a little different because any vendor can respond to the request for proposal.The city manager and staff would look at the results and decide if there are responsive and responsible bids.That is how it would work and how it is done in other cities.Some cities have their own trash department, trucks and employees. Some cities divide up the city into sectors for the trash service so that each service provider would have their own area. There would not be 3 to 4 companies on the streets every Monday and Thursday. Mayor Serdy commented right now we have fairly low rates because as each additional company came in it brought the rates down.He asked if the rates would be locked in if they award this to one company or would they be begging us that they need to go up, up and up to get it up to where they are not competitive any more. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 8 OF 17 City Attorney Joel Stern stated the market would dictate what they want to put in the request for proposal.Just like they have other contractors like the janitorial contract, it goes up a certain amount per year or every 3 years.It depends on what they want to put in the request for proposal. City Manager Bryant Powell stated he thinks that is part of the scope that they will want to develop.It will take some time.They will want to look at best practices.It might even be for 5 years before they go out and rebid again.It could be 8 years.They will look at all the valley cities and maybe even nationally for the time frames. They could even do geographic areas.What is essentially important for this community because we have the landfill within our community is that they are going to want to have assurance that the residential solid waste that is so close to your landfill go there.There are lots of different reasons for that.Those may be some other questions they may have. Vice Mayor Wilson asked how it would impact the landfill where we right now have 2035 as a closure date if they awarded a contract to someone else that hauls their refuse off to their own facility.He asked if that would impact that with the decreased volume they would be getting.He asked if there would be a problem in suddenly having to extend that because they do not have the volume or will it basically open it up to where now they would have trash haulers from other areas coming into our community to go into our landfill in order to still meet that 2035 date for closure. City Attorney Joel Stern stated he believed they could dictate in the request for proposal where they have to take the trash.If they say they will not and they are going to take it to Phoenix, then that would not be responsive so they would not be a responsive or responsible bidder. Development Services Director Larry Kirch stated one of the problems they have is two of the firms now take the trash out of the city.Based on code compliance, they have people that are not taking it anywhere. They are burning it.It is not going in any landfill.It REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 9 OF 17 becomes a code case.Eventually it goes somewhere but right now we know that two of the three firms take it outside the city. If what the city attorney is saying is part of this process, if they could have 100% of it go to the landfill, then is there a possibility that the landfill could close early.That is necessarily a good thing for the city but at some point if the landfill closes early then the solid waste will go somewhere else and the cost will probably go up.That is an inevability anyway.Right now there is an agreement that says it closes in 2035.If not one more ton goes into the landfill, it still closes in 2035. Mayor Serdy commented they are looking at 7 or 8 months for the process before they see this again. Development Services Director Larry Kirch stated even though they have some studies, he thinks there is still a lot to be learned from what other communities are doing and they can come back with some options.If they decide no, they will keep business as usual.They may mandate everyone to have it but still keep three firms. Mayor Serdy asked if part of the process will be reaching out to the four firms.He believes there is a fourth one now. Development Services Director Larry Kirch stated they would all have to bid. Mayor Serdy commented he meant reaching out to them for input, ideas and logistics.He asked if he would be reaching out to them for that. Development Services Director Larry Kirch stated he thinks they have to be careful when they do that, to have folks helping that might bid on it and help with the request for proposal.He thinks that would be problematic.The best input he thinks he can get is from experience from other communities and what they have done that have already gone through this.He brought up the towing contract.There is a community not too far from here that had the same kind of philosophy.If they did not win, then do they REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 10 OF 17 sue the community because they thought their bid was better or more responsive.That happens with any bidding process. Maricopa Association of Governments has just completed a study on best practices.They went out to every city in their region and determined the best practices for solid waste.He thinks they should take advantage of their membership in Maricopa Association of Governments and use those best practices as we think how we are going to go forward in the community. Mayor Serdy commented that would include sister -type cities that went through this process. Development Services Director Larry Kirch stated that is correct, from the previous Arizona State University study and whether they are comparable or not. They looked at Fountain Hills, Queen Creek and Buckeye. Paradise Valley has just gone through it.One of the students said they could, in theory, piggyback on Queen Creek's contract. We do that for computer purchases.He does not know if Mesa could be competitive but they could allow another public agency to bid. Mayor Serdy commented he believed Mesa is one of those that has municipal trash. Development Services Director Larry Kirch stated but they might be a vendor.That is what they have to think about.They have to ask themselves if it is just the private sector.Mesa could come in with a lower and more qualified proposal than the three here.Everybody sharpens their pencil on bids. City Manager Bryant Powell stated they may already see City of Mesa trucks going into the landfill but we do not control the inf ill rate.What goes in the landfill is completely private.He thinks this process may also involve a pre-scoping before they even get together to decide how to pull it together.They have a major change going on with one of the major waste haulers in the city.One of them has just been bought out.They will need to establish a relationship so they know what is going on.We have Waste Management and Republic.They will want to keep them aware of REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 11 OF 17 what is going on.They will need to get input from our residents.It is a major change. Councilmember Struble asked if this will increase our code compliance or reduce the code compliance when they make this mandatory for all of our citizens to do the hauling and collection.He asked if he had any feel for that. Development Services Director Larry Kirch stated in theory, over time, it will go down.He thinks education is the big component.Right now, if you live on the other side of Mountain View, you have to have somebody take your trash.It is mandatory in the county that you have to have somebody come and get it.Inside the city and in the county islands, that is another thing they have been talking about, that maybe there is a way for the county islands to become part of this contract.They have not even been thinking about that.He thinks education will be key and there will continue to be code enforcement but he hopes the open burning will go down and most of the stuff will be starting to move its way out of backyards and into these bins.We would probably keep the free dump week and maybe keep it over the period of the contract with Republic.The Community Development Corporation was talking about amnesty.Maybe the city should go out and put 40 -yard dumpsters throughout the city a couple of times for the first couple of years and get people to fill up those dumpsters, knowing they have to have mandatory trash pick up but there is incentive by having a dumpster at the end of the street for a week and they can go fill it up.Those are all things that he thinks can ease the citizens into a mandatory system. Councilmember Struble commented he knows there are a lot of older residents in our town that would not fill up a container as quickly as a family. He asked if they would be able to share containers amongst two neighbors or three neighbors so that they could save costs due to their limited income. Development Services Director Larry Kirch stated they can explore that.Typically, they would end up with a container that is very small but still automated. It would only hold one or two bags opposed to one that holds six REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 12 OF 17 bags.It is almost like a pay as you throw or they pay less because they generate less.Right now, when you have single street recycling, the recycling bin usually has more stuff in it than the trash bin if it is being done correctly.Everybody could end up with a 60 -gallon or 30 -gallon toter instead of a 90- gallon toter.They have seasonal residents.There are people that shut off their water during the summer now.They could create a system where they keep the toter but only pay for the time that they are here.There is still a lot of work to do.They need to determine what size property becomes a commercial property and what a duplex or fourplex would be under.They are not going to have this deal with commercial businesses.They are still going to do what they do.A lot of the RV parks will probably be treated like a commercial contract.They already handle their own solid waste.They are really talking about residential. Mayor Serdy asked what a toter is and if it is a Wisconsin thing. Development Services Director Larry Kirch stated it could be.They just call them toters.It is wheeled out and there are three sizes.It is a bin.A lot of them have identification chips so that when it goes in the truck it reads it.Where he used to work people would complain about the trash not coming that day.They knew it never made it to the curb because it never went in the truck.It has a bar code scanner and they know that the truck came and picked it up at 6:30 a.m.They end up reducing complaints about missed pick ups and things like that. Councilmember Rizzi commented she struggled with the mandated part and there will be some community members that may, but they have faced some horrific situations in the last couple years where people were not mandated to have the trash picked up and it was piling up in the backyard.They have vermin and diseases.That is probably what is causing us to get to this point.One of the other problems that she has with this is she hates to take away the competition because then they get into the pricing issue.Jeff had alluded to that.They have one company and they just continue to raise the prices.It is a concern but we are getting to the point where we have to look at this.We are probably one of the only REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 13 OF 17 ones in the East Valley that does not have the mandate.We are getting into situations where we have to do something.It is not pleasant but change is coming and we have to do something about it. Councilmember Barker commented prices could be addressed in the request for proposal and increases could be no more than "x" percent in the request for proposal.They could control those prices. Development Services Director Larry Kirch stated in theory they should not be more than they are today.They actually should come down because one company has the bigger contract so they would have more doors to stop at. Mayor Serdy commented he lives in between Winchester and Royal Palm.They have all the apartment complexes that are on Winchester.They have multiple dumpsters out there that do not get taken back in.He would like to see that addressed.The day they are picked up they have to be picked up.Right now they stay out there for days. Development Services Director Larry Kirch stated that is currently in the code and they could start on those.They also have these county islands.There is a gentleman who called him that lives on Southern who stated they are not picking them up along Southern.Giao and he wrote letters to all those people and it got better.The county sent letters to the county island people. Mayor Serdy commented that this would have more teeth in it.Letters do not really scare anybody.They have the contract and they make sure the customers pick them up.That is what he is asking for. Development Services Director Larry Kirch stated they can only put them out for so many hours before and they have to bring it in so many hours after it is picked up.That is kind of what the current code says.They talk about the big picture of what they are trying to enforce. They have big properties where there is lots of criminal REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 14 OF 17 activity.When there are 5 RVs on one property, it ends up being a low priority.It is part of the educational process. Mayor Serdy asked if this is an opportunity to put some teeth in it.To enforce it rather than get a letter a week later. Development Services Director Larry Kirch stated absolutely. Mayor Serdy called for a motion. Councilmember Barker commented they can add the hazard waste information on the last line. Councilmember Evans MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING DRAFTING A REQUEST FOR PROPOSAL FOR RESIDENTIAL SOLID WASTE, RECYCLING SERVICES AND HAZARDOUS WASTE:THE CITY MANAGER, ALONG WITH THE APPROPRIATE CITY STAFF CONDUCT FURTHER RESEARCH OF OTHER METRO -REGION MUNICIPALITIES ALONG WITH MARICOPA ASSOCIATION OF GOVERNMENTS' RECENT BEST PRACTICES FOR SOLID WASTE MANAGEMENT REPORT AND DRAFT A REQUEST FOR PROPOSAL FOR A COORDINATED RESIDENTIAL SOLID WASTE AND RECYCLING PROGRAM FOR FURTHER CONSIDERATION BY THE MAYOR AND CITY COUNCIL AT A FUTURE MEETING. Councilmember Barker SECONDED THE MOTION. There was general discussion as to whether hazardous waste had been added to the motion.It was determined it had. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 15 OF 17 Mayor Serdy called for a motion. Councilmember Barker MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, MAY 14, 2018, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, MAY 15, 2018, IN THE CITY COUNCIL CONFERENCE ROOM. THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC None. ADJOURNMENT Councilmember Evans SECONDED )Mayor Serdy adjourned the meeting at 8:04 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of April 17, 2018. ACCEPTED THIS /5-1-71V DAY OF 46V , 2018, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS / 5 7 *DAY OF JEFF ODY. Mayor REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 16 OF 17 / / I V , 2018. 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 May, 2018.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of May, 2018. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2018 PAGE 17 OF 17 CITY COUNCIL SPECIAL MEETING MAY 14, 2018 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on May 14, 2018, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present:City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Liz Langenbach Finance Director Donna Meinerts Human Resources Director Liz Riley Economic Development Director Janine Solley Assistant to the City Manager Anna McCray Others Present:Public Information Officer Al Bravo Presiding Magistrate James Hazel RESOLUTION NO. 18-18, DECLARING AS SPECIAL MEETING OF THE CITY COUNCIL MAY 14, 2018 PAGE 1 OF 6 5 A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS ENTITLED "CLASSIFICATION PLAN FOR FISCAL YEAR 2018-2019", "CIVILIAN COMPENSATION PLAN FOR FISCAL YEAR 2018-2019", "RECRUIT AND SWORN COMPENSATION PLAN FOR FISCAL YEAR 2018-2019" AND "CITY OF APACHE JUNCTION FLAT AND HOURLY SALARY SCHEDULE FOR FISCAL YEAR 2018-2019") briefed the council on the item. City Manager Bryant Powell City Clerk Kathleen Connelly stated this is the only time the council will see this for adoption purposes. By adopting it tonight they will be inserting it into the final budget.When they adopt the final budget it will automatically be part of that. City Manager Bryant Powell stated the 2.5% step increase is about $450,000 of an expenditure increase. Mayor Serdy commented Governor Ducey called him and stated they should not give them more than 1% yet he wants to go over and above that. Councilmember Barker commented they can take the rest out of HURF funds. Councilmember Rizzi commented she thought they had just done a 5% increase for the water district so that just cancelled that out. Mayor Serdy called for any discussion, adding it sounds very reasonable. City Manager Bryant Powell stated this is consistent with the classification plan that they have been implementing over the last several years.There is nothing major either way. SPECIAL MEETING OF THE CITY COUNCIL MAY 14, 2018 PAGE 2 OF 6 Mayor Serdy commented this is year by year.If the economy comes to a halt, we can just freeze temporarily like we did in the past. City Manager Bryant Powell stated they have done that in the past and they did freeze it. Mayor Serdy commented and now when it is good then we pass it along. City Manager Bryant Powell stated that is correct. Assistant City Manager Matt Busby stated just to clarify, this vote on agenda item number one is not a vote for the 2.5%, it is a vote for the classification plan and compensation schedule.The vote for the 2.5% increase is actually in the budget in item number two, if that makes sense. Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 18-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD AND ADOPTING CERTAIN DOCUMENTS FILED WITH THE CITY CLERK ENTITLED "CITY OF APACHE JUNCTION CLASSIFICATION PLAN FOR FISCAL YEAR 2018-2019"; "CITY OF APACHE JUNCTION CIVILIAN COMPENSATION PLAN FOR FISCAL YEAR 2018-2019"; "CITY OF APACHE JUNCTION RECRUIT AND SWORN COMPENSATION PLAN FOR FISCAL YEAR 2018-2019"; AND "CITY OF APACHE JUNCTION FLAT AND HOURLY SALARY SCHEDULE FOR FISCAL YEAR 2018-2019"; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SPECIAL MEETING OF THE CITY COUNCIL MAY 14, 2018 PAGE 3 OF 6 RESOLUTION NO. 18-11, ADOPTION OF TENTATIVE BUDGET FOR FISCAL YEAR 2018-2019 AND GIVING NOTICE OF FINAL BUDGET ADOPTION )City Manager Bryant Powell briefed the council on the item. Mayor Serdy opened the public hearing on the item. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council.He asked if this includes mental health monies in the budget. Councilmember Barker asked if he was referring to the health and human services budget. Mr. George Schroeder stated that is correct. Councilmember Barker commented it does not. Mr. George Schroeder stated it seems there is a massive deficit between the services we are paying for and getting money for and the people that are on the streets.He knows they approved a couple hundred thousand dollars or one hundred thousand dollars a couple of months ago for such services to Horizon.He is not seeing it.He still sees the people on his street.He requested they sever all ties with the mental health system as they are not doing us anything. If the city thinks they are he requested they give more in writing showing that they are.The people on the street need a place and he does not want them on his culvert.The state, federal government and county government need to do their jobs. Councilmember Barker commented she wanted to clarify that we do not have any mental health money in this budget. Vice Mayor Wilson agreed there is none. SPECIAL MEETING OF THE CITY COUNCIL MAY 14, 2018 PAGE 4 OF 6 Mayor Serdy closed the discussion with no further comments and called for a motion. Councilmember Evans MOVED THAT RESOLUTION NO. 18-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE ADOPTION OF THE TENTATIVE BUDGET FOR THE CITY OF APACHE JUNCTION, ARIZONA, FOR FISCAL YEAR 2018-2019, HEREWITH SETTING FORTH THE TENTATIVE ESTIMATES FOR THE MONIES NECESSARY FOR THE PUBLIC EXPENSES OF THE CITY OF APACHE JUNCTION, ARIZONA, FOR THE FISCAL YEAR 2018-2019 AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING TAXPAYERS FOR THE ADOPTION OF THE FINAL BUDGET, AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. ADJOURNMENT motion to adjourn the meeting. ADJOURN THE MEETING. THE MOTION. There was no vote. meeting at 7:10 p.m. )Mayor Serdy called for a Vice Mayor Wilson MOVED TO Councilmember Evans SECONDED Mayor Serdy adjourned the ACCEPTED THISTHIS 45-,DAY OF VAAA--,2018, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6 17,4 DAY OF , 2018. SPECIAL MEETING OF THE CITY COUNCIL MAY 14, 2018 PAGE 5 OF 6 ATTEST: KATHLEEN CONNELLY City Clerk JEFffitERDY Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 14th day of May, 2018.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of May, 2018. KATHLEEN CONNELLY City Clerk SPECIAL MEETING OF THE CITY COUNCIL MAY 14, 2018 PAGE 6 OF 6 CITY COUNCIL REGULAR MEETING MAY 15, 2018 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 15, 2018, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. INVOCATION Vice Mayor Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Struble led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Struble Councilmember Waldron Staff Present:City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Michael Weyer Development Services Director Larry Kirch Assistant to the City Manager Anna McCray REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 1 OF 80 .S- Others Present:Economic Development Specialist Elan Vallender Senior Planner Rudy Esquivias ACCEPTANCE OF CONSENT AGENDA ) Mayor Serdy announced that before he calls for a motion on the consent agenda, they are going to move Item No. 10 before Item No. 9.He called for a motion. Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO RESOLUTION NO. 18-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FY 2017 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") STATE SPECIAL PROJECT ("SSP") APPLICATIONS; AND THAT APPROVAL BE GIVEN TO RESOLUTION NO. 18-20, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT WITH APACHE JUNCTION VILLAS, LLC, REGARDING THE DEVELOPMENT OF APACHE JUNCTION TOWNHOMES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SAN MARCOS AND TEPEE STREET; AND THAT ITEM NUMBER 10 BE MOVED TO FOLLOW THE CITY MANAGER'S REPORT. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Serdy read a proclamation designating May 20-28, 2018 as National Public Works Week and presented it to Public Works Director Michael Weyer. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 2 OF 80 Mayor Serdy recognized the Cactus Canyon Junior High Student Council for their hard work within their school and the community. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced this is National Police Week and tomorrow morning at 9 a.m. in front of the police department there will be a memorial service for Officer Duncan, the only Apache Junction officer killed in the line of duty. Councilmember Rizzi announced she attended the Youth Matters Conference at the junior high school and was given the opportunity to speak.The older children mentored the younger children. Councilmember Evans announced last week she, Bryant Powell and Janine Solley attended a presentation at the Board of Realtors in West Mesa concerning commercial real estate in municipalities.Lisa Atkins from State Land was presenting. Councilmember Struble announced last Tuesday at the school board meeting they recognized the kids from each of the schools that were student of the year.He read their names for recognition. Councilmember Struble commented they finished up with free dump week last week.This week there is keep your truck and car dirty week.Peralta Trail Building America Club is having a car wash on Saturday morning to raise money for a fellow student that needs surgery. Mayor Serdy commented Peace Officers Week is going on all over the country. Mayor Serdy announced last Saturday the bicycle police officers set up a course for little kids to learn how to signal and what hazards to look for. Mayor Serdy announced everyone got a plastic bag in their mailbox from Fry's for the food bank.He and Councilmember Rizzi went there and watched all the food come in.It was awe- inspiring to see the community donate like that.They take donations all year long. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 3 OF 80 CITY MANAGER'S REPORT City Manager Bryant Powell thanked him for honoring the public works department and commented on National Peace Officers Memorial Day and National Police Week. Assistant City Manager Matt Busby gave a short briefing on the monthly financial report. DIRECTION TO STAFF FISCAL YEAR 2018-2019 HUMAN SERVICES FUNDING RECOMMENDATIONS ) City Clerk Kathleen Connelly briefed the council on the item. Councilmember Rizzi thanked the commission for going through all the applications.It is a very difficult process.They have a greater need than we have funds available.It is tough to break it down and decide which organization gets how much.She wanted to thank the board for the time they put in to going through all the applications, asking questions and reviewing everything.They wish there was more to give but they do not.They do a great job in being fair and making sure everyone is following the rules. Mayor Serdy commented it is one of the more rewarding boards and important boards they have here in the city.He closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING FISCAL YEAR 2018-2019 HUMAN SERVICES FUNDING RECOMMENDATIONS:THAT THE CONTRACTS FOR SERVICES AS RECOMMENDED BY THE HEALTH AND HUMAN SERVICES COMMISSION BE PLACED ON THE JUNE 19 CONSENT AGENDA. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 4 OF 80 PUBLIC HEARINGS RESOLUTION NO. 18-21, APPEAL OF CASE CUP -9-17 BY EVAN BOLICK, REPRESENTING JAMES AND BAMBI JOHNSON, MARK AND KINDRA THEISMAN, NICK AND HELEN FUNK, RICH AND KATHY BEAVERS AND PATRICK AND DIANA LA CLAIR, REQUESTING APPEAL OF A CONDITIONAL USE PERMIT GRANTED BY THE PLANNING AND ZONING COMMISSION TO MEHMOOD MOHIUDDIN, REPRESENTED BY RALPH PEW, TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTY SURROUNDING THE HITCHING POST AND HP STEAKHOUSE RESTAURANTS, ZONED B-1 GENERAL COMMERCIAL AND LOCATED AT 2341 N. APACHE TRAIL )Senior Planner Rudy Esquivias briefed the council on the item. Mayor Serdy asked why there is no parking in condition number 12 if it is a safe place to park.He asked what the problem is with it. Senior Planner Rudy Esquivias stated the storage lot to the south is used for RV storage. There might be several trucking companies that use that property.That lot was not included for use as part of the activities related to this conditional use permit or as one of the lots available for overflow parking. Mayor Serdy asked if this would have to be done every three years as one of the conditions in the high teens required. Senior Planner Rudy Esquivias stated no.They are suggesting something like they have done with other conditional use permits like the medical marijuana thing and the market day events.They are automatically brought back every four years and on one of them it was to be brought back every three years just to make sure there was compatibility REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 5 OF 80 and no issues or problems.They are suggesting a one-time review after three years to see how things are going.One of the conditions is they would also update the commission within a year. Mayor Serdy requested the applicants' attorney to address the council. Mr. Ralph Pew, Mesa, addressed the council.He has represented Mo over the years. This is for an appeal on an approved conditional use permit by the planning and zoning commission.The council can uphold, deny and reject or modify the decision.The reason they are here tonight is that several years ago they came before the council and had a development agreement approved that allowed the operation of the bull riding arena on Thursday and Saturday evenings.At the time the development agreement was approved, the conditional use process was not available in the city's zoning code, becoming part of the code afterwards.When Mo decided to expand and include the operation of his restaurants and his western town along with some outdoor activities, those would now fall under a conditional use permit.There is a list of permitted uses in each zoning district.There is also a table of uses that are compatible with the allowed uses but require another hearing by the planning and zoning commission to determine compatibility, location, the nature of the use and apply conditions to the case.That is what is critical here tonight.The outdoor uses proposed include some events in the western town, volleyball, corn hole, outdoor activities behind the restaurant and the continued use of the bull riding arena for an additional five events a year beyond Thursday and Saturday.If they were an allowed use they would not be here tonight.Since they are outside and beyond what is allowed in the development agreement they are here on a conditional use permit.Some of the surrounding property owners have appealed the approval of this conditional use permit.Mr. Esquivias has given a very accurate description of what Mo is requesting. Unless they have questions, he will not be redundant on the uses.He wants to focus on the conditions of approval and the findings of fact.Factors and findings sometimes get mixed together.The factors they are to consider are the use, the manner of its operation and its configuration.There is a list of factors the code says they can take into account but they are REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 6 OF 80 not limited to those.They can consider other issues.He urged the council to approve the conditional use permit as it was approved by the planning and zoning commission subject to a few changes to conditions.The findings justify it.The outdoor uses being proposed do not present a detrimental or inimical impact on the neighborhood according to the various factors listed in the code.The question is if the roadways are adequate and is there off-street parking and facilities.They are at the corner of Apache Trail and Lost Dutchman Boulevard, a very important intersection that is well -traveled.It is picturesque and beautiful.There is plenty of access and roadways there.There is parking on the site given the additional land proposed in the conditional use permit just barely south of the restaurant.The facilities have historically accommodated larger crowds with outdoor restrooms. They can continue to do that.There is a condition that deals with that ultimately but not initially.They believe that is a clear finding.He asked if there are negative impacts from odor, dust, gas, noise, lighting, smoke, heat and glare.Most of those there is really not any negative impact.Someone might say there could be smoke which comes from individual fire pits used in the fall and winter in the outdoor area.They could assume the fire pit could have a little bit of smoke that trespasses beyond the property.It is not much different from someone having a barbeque or a fire pit in their own backyard. It is not a major deleterious effect on adjoining property owners.There is the question of if the use contributes to the deterioration of the neighborhood.Neighborhood is a broad word there.It uses neighborhood and negative impact on property values.The question is who the neighboring property owners are.The property owners to the east are clearly residential homes, beautiful homes with wonderful people living there.To the north is another commercial use.To the west is a commercial use.To the immediate south there is one appendage of a residential piece that adjoins this but it is commercial. He asked if they look at this use and say it is so obnoxious and so terrible that it becomes detrimental or seriously injurious to those residents to the east.They believe that is not the case through the limited hours of operation, the screen wall they are agreeing to do on Cortez and the setback from where they are operating to adjoining residential properties.The letter the council received tonight is the first they have heard of a commercial neighbor in opposition to the project.Others REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 7 OF 80 may speak about that tonight but they have not heard that yet from anyone.Property values are difficult things to deal with. He asked how they would know if a particular use is truly harmful and causes a diminishment in value.It is unpredictable and hard to know.Their position is this is a vibrant, exciting, good use.There are those who would choose to live by it.There may be those who are offended by it.Their position is that it does not diminish any of the neighbors' property values.In fact, in their opinion, most of the adjoining property owners would have a beneficial effect by this use because it is so encouraging to the community, so enlightening and so fun that it adds vigor to that area.He asked if the use is compatible to the surrounding area.They believe it is. They are not proposing any additional buildings.They are doing outside volleyball and corn hole and little bridal arch -type wedding things.This commercial property has been here since the annexation that occurred at about the same time the residential land came in.He thinks they are relatively close in time.For anyone to say this was not a commercial site or this was all residential is not true.It is a critical commercial intersection.They are asking for limited and restricted outdoor uses.They conform to the general plan.The staff report is clear.They have discussed screening and buffering and they believe there is sufficient buffering.This location has the view, the access to the lakes and it is the spot in the city where you can get that feel of the outdoor ambience and what it means.They believe all the findings are met.He next wanted to go through the conditions, the key to a conditional use permit as the code gives the commission and council the authority to deal with it.He had copies of their suggested changes to the conditions for the council and on a thumb drive for audience viewing. Mayor Serdy asked if these were in their packets. Mr. Ralph Pew stated they are not.They just finished them. Mayor Serdy commented they could possibly do both.The public can see it on the thumb drive and the council can look at the copies. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 8 OF 80 Mr. Ralph Pew stated there was a lot of discussion about conditions at the planning commission meeting.They took the decision of the planning commission with their findings and the conditions and used those as the base.They are making some suggested changes here.He will tell them what they are in each instance, where they agree and where they have a different view.The first one is the condition that deals with the fence on the eastern side of the property.The planning commission's condition deals with an engineered 6' chain link fence with a 10' setback and other details.They propose that wood or vinyl slats be put into the existing chain link fence, not taking one out and building a new one, but to use the existing fence in its current location.If it is determined that the chain link fence encroaches into rights -of -way or there is a problem with that, they can work with staff over time to move it to the right location.Their view is to use the current fence, put the slats in it and create the obscure visual buffer for the residents over to the Hitching Post facility.That is number one.Number two is a curious condition, also.When the commission crafted this condition they basically followed the recommendation of staff along with some small changes.It deals with the traffic impact analysis. It suggested that after a year Mo pay for and commission a traffic impact analysis.Based upon that, Mo would meet with a traffic engineer and city staff and consider what to do on Lost Dutchman as that is a city right-of-way.He would also have to deal with Highway 88.Highway 88 is an Arizona Department of Transportation roadway.They have rewritten this condition. Their proposal is if within a year the city wants to do a traffic statement or traffic impact analysis, the city should initiate that and they will participate, cooperate, meet with staff, discuss how it affects Lost Dutchman and together go to the Arizona Department of Transportation who controls what happens on Highway 88.If they like it the way it was from the commission, Mo will incur the cost of doing it.He wants to clarify there is the city and the Arizona Department of Transportation.That needs to be straightened out somehow. They have another suggested change for condition three.This condition ended up being that within a year the property owner, the city building official and the Pinal County Health Department will meet and evaluate the public facilities, restrooms, etc., to determine if there are enough for the uses that are going on and are adequate and appropriate.Mo's REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 9 OF 80 experience has been that Pinal County controls that decision. The city building official can have thoughts and input on the idea but ultimately the governmental entity with jurisdiction over public facilities there is Pinal County.They have tweaked it to say they would work with Pinal County Health Department and review public facilities for this site after a year.It is a technical change and he would urge them to have them work with Pinal County, who may invite the city building official to join the discussion.There is a simple change to condition four. The condition states that all exterior lighting shall be brought into compliance within a year.He clarified it should be all exterior building lighting.They added the word building to that condition.Some of these structures have been there for decades.If any of the lights on the building are visible, shine and do not comply, they will fix those.This seemed to say all lighting of whatever form and location.Conditions five and six are fine.Condition seven needs some clarification.It was always their intent that the bull riding would be as it is today, on Thursdays and Saturdays and it must cease operation by 10 p.m.In their application their intent was to request up to five additional events in the bull riding arena on times and dates other than Thursdays and Saturdays.Typically, these are junior competitions.There may be other ideas coming but all they are asking for is five events outside of Thursday and Saturday night.The marvelous thing about this with respect to juniors is they now have three young people that have trained at the Hitching Post who are now on scholarship at the University of Texas with respect to bull riding.They have clarified that and the condition has an 8 p.m. start time.They are perplexed as to why there is a need for a starting time.If 7:30 p.m. or 6:30 p.m. is appropriate or whatever it might be, the key to the compatibility with the neighbors is to turn the lights off and be finished at 10 p.m.Those are the two changes in their language to condition seven.Condition eight is an interesting idea.Their thought was if no bulls are being ridden in the arena and there is no amplified music, they should be able to use the arena for other events such as an art display or bicycles or any number of things.As long as there is no amplified music coming from there it should not matter if they use that frequently.They do not want to be limited to the bull riding times just to use the arena.Condition eight allows them to use the arena at any time for smaller, less intense activities that do not have amplified speakers or music. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 10 OF 80 Conditions nine and ten are agreed to.They have a small nuance for condition eleven but it is nevertheless important.It currently says in the expansion area which is the corn hole, the volleyball and all that behind the Hitching Post, that those outdoor activities should be terminated by 10 p.m.Mo feels if the restaurant is open until 10:30 p.m. or 11 p.m. and people are having dinner, a drink and want to play corn hole out back they should be able to do so until the hours of operation of the restaurant close.That is how they have crafted that condition. Condition twelve is the concept of parking.The first idea in their change is that there is no parking on Lost Dutchman or Cortez Road.They agree to that.The other thing is what could be done with the storage area.The conditional use permit does not include the storage area.The concern is that even though an event may require additional parking, he could come to the city and request an event license.That is still a possibility. It is uncertain to them how those are evaluated and what the basis for it is.If the council receives advice from counsel or the planning department that they cannot allow parking in the storage area as a part of this use permit, they will ask for direction and thoughts on how to deal with that when an event license could be issued.They think it is totally appropriate if there is a unique event.If a license is issued parking could occur there for that one time.They do not want to have it be there all the time for all fifteen events.They are trying to bridge the gap but it is difficult given the nature of the way this case was filed.Condition thirteen they agree to. Condition fourteen defines the term substantial increase in intensity and/or major changes to the conditional use permit. It says these increases in intensity are to be determined in the opinion of the development services director.While they do respect the opinion of the development services director, there is no meaningful purpose to have a definition of substantial increases in intensity because that is not a standard by which to measure compliance with the conditional use permit. Conditional use permits have built into them a revocation provision.If there is material noncompliance, the term in your own code, with any condition or there is general detriment to the welfare of the community they can convene a meeting of the planning and zoning commission and evaluate that.It is nice to provide a definition of substantial increase, it is really not part of the analysis and the condition, as written, does not have a consequence.It just defines the term.They think it is REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 11 OF 80 better to let the code speak for itself.If they are out of compliance in a materially substantial way then a public hearing can be had and revocation considered.Conditions fifteen, sixteen and seventeen are all agreed to.Conditions eighteen and nineteen are the same theory as we just talked about on condition fourteen.Condition eighteen says that after three years Mo has to come back, file a new application, go through the review process, have a new hearing and have the conditional use permit redone and reapproved.That is time-consuming, expensive and unnecessary because they have a revocation provision.If he operates this for six months and in that period is materially out of compliance, have a hearing with the commission and consider it.Do not make him come in three years from now and go through the whole thing again.Condition nineteen says that in one year the planning commission is going to review the use permit.He asked what they are going to review.If there is noncompliance, convene a meeting and consider revocation.Do not just review for the sake of reviewing it.They suggest conditions eighteen and nineteen be deleted.Conditions twenty through twenty-three they agree with.Conditions twenty-four and twenty-five simply deal with their suggestion you use your zoning code language and not additional words that have been created in this conditional use permit.Condition twenty-four deals with the expiration of a use permit.The exact language of the code states this conditional use permit shall become void if the use is not commenced within twelve months of the approval date.That is your code and it is the standard.The language we have here says the applicant shall improve and begin operating the outdoor entertainment venue in accordance with the submitted drawings, narrative and prescribed conditions of approval within twelve months of being granted the conditional use permit or else the conditional use permit becomes void.They are struggling as to why this additional language was put in there and why it is necessary.The code is perfectly fine.The same thing happens with condition twenty-five.Revocation is built right into the code.The code says this conditional use permit may be revoked by the planning commission following a public hearing and a finding that there has been material noncompliance with any condition prescribed in the permit or that the use generates a demonstrated public safety, health or welfare concern.That is a really good standard.The planning commission can look at that.The language in the condition approved by the commission REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 12 OF 80 and recommended by staff says the planning and zoning commission shall reserve the right to reconsider the conditional use permit approval for the outdoor entertainment venue.There is no right to reconsider.There is a right to evaluate whether or not there has been material noncompliance at a public hearing for noncompliance with any condition prescribed as part of said conditional use permit, including sign violations or safety problems.Sign violations and safety problems are not part of your code.They encouraged them to just use the code so there will be no misinterpretation, no misunderstanding and it is very clear.He thanked them for listening to him.On behalf of Mo, they respectfully urge the council to support the decision of the planning commission and modify the conditions as they have recommended so that Mo can continue with this wonderful location and his outdoor uses.Remember, the bull riding is going to continue.It is part of an existing development agreement. This hearing tonight should not turn into whether or not the bull riding exists or does not exist. Mayor Serdy asked if he could take questions now. Councilmember Evans commented not yet. Mayor Serdy commented he thought they would be good without a break yet.He commented this is a public hearing and ordinarily they would to the public to hear them but what they are going to do is allow the appealers to go first and the public hearing will go after that. This will be Attorney Evan Bolick and it will be handy if they have a list of people that will present. Mr. Evan Bolick stated he is here on behalf of several homeowners and he had them stand up as he called their names:James and Bambi Johnson; Mark and Kindra Theisman; Nick and Helen Funk; Rich and Kathy Beavers and Patrick and Diana La Clair.All of these residents live within a few hundred feet to one thousand feet away from the Hitching Post in single, residential homes.There have been some claims this is just a town spat which is simply not the case.His clients have an earnest and honest interest in protecting their homes and lifestyles from intrusion as Mo does for protecting REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 13 OF 80 his business expansion.There is no hidden agenda or anything of that nature.They simply want to make sure that to the extent the uses are expanded here that it is done so in a way that is not detrimental to the lifestyle they purchased when they purchased their homes in this area.A denial of the conditional use permit will not shut down the Hitching Post nor forever preclude him from expanding.That was a claim various people made during the commission hearing.If the conditional use permit is denied, Mo would continue to be able to utilize the Hitching Post as it is utilized today consistent with zoning and the agreement.He could certainly resubmit a use permit application at a later date or even try to phase growth in a way that would be better suited for the area.They are here to ask that the conditional use permit be reversed and denied in its entirety.Failing that, they are hoping they will amend some conditions adopted by the planning and zoning commission consistent with what they will be presenting today.He objected to any consideration of the new conditions the Hitching Post offered.They did not appeal the commission decision, only we did.In his opinion, especially since we paid the fees for the notice and initiated this, he believes only their conditions and request for changes to the conditions can be considered.He will leave that to the city attorney to elaborate on and make this a part of the record.The first reason the decision should be reversed is there were various procedural issues with the approval of the conditional use permit.These are standard procedural protections, due process in open meeting law that are required in every hearing, including the commission hearing, to make sure everyone is having a fair bite of the apple and all of the requirements are being met.As they will see, a lot of procedural issues occurred at the commission meeting that warranted reversal.Due process requires a fair trial and a fair tribunal.A quasi-judicial proceeding must be attended not only with every element of fairness but with the very appearance of complete fairness.In administrative proceedings the procedure of due process includes the right to notice and opportunity and to be heard at a meeting.This is actually open meeting law here.It basically says any action of a public body, such as yourselves, must be done during the meeting open to everyone.That ties in to due process to everybody.A party's right to due process is violated when a decision maker improperly allowed ex parte communications from one of the parties.That means if he were to come up to them outside of a REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 14 OF 80 public hearing and make any sort of argument or statement or provide them with evidence, that would violate due process.He showed the council a screenshot of a video from the first recess.It shows Mr. Pew walked up to the commissioners and engaged in some sort of discussion with them.They do not know exactly what was discussed but the very point of due process is one is not supposed to have discussions with one party and that, in fact, occurred here.Additionally, there were board discussions and potential actions made outside of the meeting. He showed a screenshot of the second recess and the room is pretty much cleared out but a quorum of the board had gathered and they believe they were discussing the conditions that they were going to adopt.That happens improperly if it is outside of the meeting.Reversal is warranted for those reasons simply due to due process concerns.The use permit should have been denied because the evidence simply did not support the grant of it.It is important to remember that an administrative board must follow its own rules and regulations.The commission cannot depart from what it is required to consider during a use permit process.The city code says they must ultimately find that whatever is granted by the use permit will not be detrimental to persons residing or working in the area, to adjacent property, to the neighborhood or to public welfare in general.Considering that impact to the neighbors is required, they will see a little later some of the commissioners felt that if the neighbors were not adjacent to the property then the impact did not need to be considered.They will also see the impact goes far beyond into the entirety of the neighborhood. The code also says the Hitching Post has the burden of proof to show the use will not be detrimental.It is not the neighbors who have this burden.They will again see that at least several of the commissioners felt the neighbors had not proven that the use is detrimental and that is not what is supposed to be considered.It is supposed to be what the Hitching Post showed. He wanted to highlight burden of proof more than the red type that it is already in because we have just heard from their attorney where he said their position is and their thought on this is and things of that nature.They do not have any studies or reports on the things at issue.That is what burden of proof means.It is not to take it on faith that we think this will be big enough, there is enough parking or the traffic will not impact the neighbors.They need to actually provide proof to demonstrate that will not be the case.They will see that his REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 15 OF 80 clients provided numerous pieces of evidence to suggest the expanded uses will be incredibly detrimental to their homes. All we have on the other side are promises it will not be as opposed to proof.Two commissioners, Kridler and McGraw, said the neighbors did not demonstrate the conditional use permit would be detrimental.This is not accurate.There were many videos, some of which will be played tonight, showing there is an incredible amount of noise, light, dust, smoke, parking and traffic issues impacting the neighborhood.That is also not the standard for the neighbors to show that the use would be detrimental.It is for the Hitching Post to show it would not be detrimental.Commissioners Heck and Howard stated the Hitching Post can engage in all of the new uses because it is commercially zoned.This is not true.They need a use permit in order to utilize the property for these expanded uses.The mere fact it is commercially zoned does not give them carte blanche to do whatever they would like on the property, especially when it may impact negatively the residential neighbors.The commission stated there was no evidence of violation.They will be distributing a little later a city notice of violation of their development agreement.It points out that at two times the Hitching Post was contacted as being out of compliance with their development agreement. Commissioner Kridler stated they only need to consider adjacent landowners.The ordinance says the entire neighborhood is considered, not just adjacent landowners.However, four of his clients are adjacent landowners, living directly across the street from the Hitching Post.Many commissioners stated the Hitching Post may operate as it is a commercial property.This is not about whether or not the Hitching Post can operate.It is about whether or not they can expand the uses in this neighborhood.The commissioners admitted they had not considered these factors after making their motion.Vice Chair Heck stated they had not even discussed this after the motion was made, this meaning the factors you have seen several times for conditional use permits.It is concerning that these factors were not at the forefront of the commissioner's mind. They may consider other factors, but they must consider the factors set forth in the code.Here we have Vice Chair Heck saying they have not even discussed this.He thinks it is important these factors are included in the code because that is a sign from the city that those are the most important factors. That is why they are in the code.That is why they must be REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 16 OF 80 considered.The fact that to the extent they were considered they were in the background should warrant a reversal. Confusion was recognized at the next commission meeting where another conditional use permit was discussed at which point the commission and the city attorney discussed what needed to be considered, how things needed to proceed and so on.Another issue with this is there is no clear parking plan.The narrative says there will be 112 total spaces.It is unclear as to where.Today they have come in and implicitly admitted there is not enough spaces by asking for occasional parking in a parcel that is not part of the application.They are asking for this to be a regional attraction with rodeos, concerts and car shows.Clearly, car shows, weddings and musical concerts can attract far more than 100 people and yet we have no certainty as to where those people will park and parking is already an issue as is.No traffic study has been submitted and now the Hitching Post is asking the city to pay for a traffic study.No noise study was submitted.Noise is already an issue at the Hitching Post as •they will see in the upcoming videos.There has been a lot of back and forth as to whether or not the noise is too loud or is within compliance of the noise standards.This was something the Hitching Post needed to prove was the case.If the noise is not out of compliance then they needed to prove this.There is no mention of how the expansion would impact the neighboring residential property values.He is not lining up to buy a residential home across the street from a concert and bull riding venue.He thinks they can come in with common sense and say this is unlikely to benefit the residential neighbors' property values.If it is not going to impact the property values, then this was something the Hitching Post needed to present which they did not.We are talking about a concert, major venue and bull riding operation right next to single- family residential homes.Requirements are not yet met regarding signage, lighting and capability to provide bathroom facilities for all guests.These are things the conditions propose will be done later but they should be done now to ensure this will not be detrimental to the neighborhood.There has been a resistance even today to any new screening beyond a 6' fence around the parking lot.If there is only a 6' fence it will also violate the city's zoning requirements for an opaque wall.The code requires these be met before the use permit is granted, not afterward.The code says verify then approve, not approve then verify as is what happened when the commission REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 17 OF 80 granted this use permit.He handed out a copy of the notice of violation that discusses the violations of the development agreement by the Hitching Post.This is in response to the commission stating there was no evidence the Hitching Post already caused any issues or violated any agreements and yet we have that evidence right here from the city.It notes this is the second warning.The first occurred on October 17, 2016.It discusses that there are parking issues of which the Hitching Post is in violation.Ironically, parking issues is again a matter that has yet to be resolved by this application with any assuredness as to how it will be handled.It also states they are in violation for operating past hours.What this really means is there is noise and lights past the hours they have agreed to shut down.That is again very concerning to the neighbors with the Hitching Post proposing there are no checks by the commission within a year or renewal within three years because there is no reason to believe there will not continue to be operations past the hours and it falls on the neighbors to do so.They have seen numerous police records and those are about 50/50.Although it is true that some say there was no noise violation found, at least about 50% say the officers heard noise and/or went to the Hitching Post and discussed the matter with Mo.He called Jim Duncan up to present 9 videos.It seems like a lot but it is substantially less than the number of videos that were played at the commission meeting.The only reason they are playing so many is because the videos were not able to be distributed to the council after the commission hearing. They could not be publicly posted.These videos are critical because they show the noise, dust, traffic, parking and light issues that are already generated by the Hitching Post and will undoubtedly increase with this expanded use.These videos were submitted to the commission and he has the document that shows where the videos were taken signed by each person who took the video.However, Jim edited these videos together.He has the working knowledge of where they were taken, when they were taken and how they were edited together.He asked Jim to say, before each video is played, where it was, when it was and why he is showing the video to the council. Mr. Jim Duncan stated the first video being played is from Mark Theisman.He lives at 2395 N. Cortez Road.There are a few camera locations.One is an IF camera that is the direct light pollution and the other REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 18 OF 80 camera location is from his next-door neighbor, Jim Johnson. Inside the videos in the upper left-hand corner, it gives the camera VID information.When it says bullet, he will tell you that when he gets to that one.This one will have JJ IP CAM BULLET, which is stipulated in the information they gave to staff when they met with them.Everyone was present when we did meet with them.He stated he would answer any questions they might have after the video or after any of the videos. of devices took the video. a standard IP security camera. they are located on the house. Mayor Serdy asked what kind Mr. Jim Duncan stated it was Councilmember Rizzi asked if Mr. Jim Duncan stated the cameras are located in different locations around the house. Most of them are on the house.Jim Johnson's is at his house. Bill Wallingford's is at his house.Rich Beavers' is at his house.Mark Theisman's video was at his house on his wall in front of his window.When they look at the light pollution it will say IP Camera on it.When they look at the sound it is from the JJ IP Camera that is right next door. Councilmember Rizzi commented she wanted to clarify that these are security cameras that are attached to these individuals' homes. Mr. Jim Duncan stated they are at their homes. Councilmember Rizzi asked if they are attached to the home and secured there. Mr. Jim Duncan stated they are in various locations.Some of them are attached to the homes and some are in different areas. Councilmember Rizzi commented the reason she is asking is, before they want them, she is REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 19 OF 80 trying to determine if someone was standing in the driveway taking it from a cellphone.She asked if they were taken from a handheld video camera.She wanted to know if they are attached. Mr. Jim Duncan stated they are standard where they are at.They are not being moved and so forth. Mayor Serdy commented about the quality.One can go to Harbor Freight and buy one for $29 or you can buy one for $2,900. Mr. Jim Duncan stated they are 1080P cameras which is a very high definition camera with audio.They have the audio and the 1080P.They record to the camera with a 32 -gigabyte flash drive that stores the video until it is either downloaded or it can be directly connected to a computer system.That is how he obtained them with their permission.They asked him to connect to their camera, pull in this video for these particular dates and create the videos for them.The noise is recorded with the video itself.It is not a separate added noise recording or whatever the case may be. Councilmember Rizzi asked if each of these cameras have night vision. Mr. Jim Duncan stated they do.They all have infrared. Mayor Serdy commented of course, there is no decibel meter on them. Mr. Jim Duncan stated there is no decibel meter.He advised as he started the videos to stop him anytime they have questions they need to have answered. He will try to explain in between videos.With the first video he commented the JJ IP CAM information is in the upper left corner.He showed some stills that are from the IP camera that is in front of the window. Councilmember Barker asked if those are headlights. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 20 OF 80 Mr. Jim Duncan stated those are headlights from the RV, boat and storage lot.The next video was a JJ IP camera with the information in the upper left corner.He noted that people could be seen on the stage.That was the video Mark Theisman presented.The Bambi Johnson video is 100% from her JJ IP camera.She is the wife of Jim Johnson. He stated there is a date change on the next video and all the videos coming up.These are just samples of the night.There are many more.He took an analysis of an average bull riding night.Every ten minutes the light pollution hits the scene they just saw. Councilmember Rizzi asked if this is the same residence over and over again. Mr. Jim Duncan stated this is Jim and Bambi Johnson's residence.The previous light pollution was Mark Theisman's residence. Mayor Serdy asked if this is video but he is pausing it when the lights hit. Mr. Jim Duncan stated he is not pausing it.It is just a slowed video because of the download that occurred.It is a 1080P camera so it is a very high -type file.The noise they hear is coming from back into this spot from another location.He showed them a shot from Google Maps for 2015 for the RV, boat and storage towards Jim Johnson's house.He showed them a shot from the entrance of the Lost Dutchman entrance.The house on the left side with the white car is Jim and Bambi Johnson's house.Across is the storage lot that was being used for parking. Councilmember Rizzi asked if he could tell them where the camera is looking at from the house. Mr. Jim Duncan showed them on the screen where that camera was located. Councilmember Rizzi commented it is on the fence. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 21 OF 80 Mr. Jim Duncan stated that is correct.He showed another video from Jim Johnson's house.He showed them where the bottom of the parking lot was on the video and where the big stage was located.He showed videos of the same time on the nights previous to the bull riding.He showed a video of the bull riding 475' away.It was measured in the GIS system and again the same time the night before.They have all different dates.He showed the current chain link fence with Jim Johnson standing in his garage taking a picture straight in front of him.He showed them where the stage that they see in the videos is located.Nick Funk's house is next to Jim Johnson's house.It is the next one up and it also goes up another elevation.The first part of the video shows a live shot at daytime and then the light pollution mostly from the entrance from Lost Dutchman.They had parked a 12' RV in front of Jim Johnson's house that would block the light pollution path for Nick Funk.They had the cameras synced so they could take video of when the cars arrived on both cameras at the same time to give them the effect of what it would be like if there was a barrier that blocked the light pollution.The first 2 cars arrive from Jim Johnson's IP camera right next door.Note the time is 7:58 p.m.There is the positioning and now this is Nick Funk's camera.They can see the cars on both sides of where the RV is.One just arrived and the second one right after it. Where they can see the car is on the other side of the RV from where it was positioned. Councilmember Rizzi commented it looks like from the pictures that the camera is either very close to the fence line.In the one at the RV it looked like it was towards the back.That is why she asked where the positions of the cameras are.She thinks it will make a big difference if there is a variance. Mr. Jim Duncan reversed the video and asked if he had found the shot she was looking at. Councilmember Rizzi commented it is the one prior to where it shows the RV.When looking at the location, she can kind of get a feel for where the camera is at in accordance to the fence.There is another picture with the RV.She asked him to look at the location. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 22 OF 80 Mr. Jim Duncan stated that is a picture he took of the RV on the positioning of where the RV goes. Councilmember Rizzi commented there was a big difference on the location of where that fence was.It made it seem like one camera might have been intensely close and maybe zoomed in.Another camera might have looked at it differently. Mr. Jim Duncan stated he is standing in the driveway of Jim Johnson's house.The Jim Johnson camera is to the right of him.The Nick Funk camera is to the left over on the higher elevation.Nick's camera is taking the picture going one way across and Jim Johnson's camera is taking the video going straight out.They can see the cars arrive in the Jim Johnson video at the same time as you can see the cars arrive in the Nick Funk video but they are blocked by the RV.He asked if that made sense. Councilmember Rizzi commented it does but her question is are the houses located parallel. Mr. Jim Duncan stated they are pretty close to the exact same distance from the road. Councilmember Rizzi asked if both of those fences are pretty much aligned. Mr. Jim Duncan stated he thinks they are both on the same alignment. Councilmember Rizzi commented that is what confused her, if that is the case.In the pictures that he showed, there is one view where it looked like the camera was up close and another view where the camera was way back where the camera was attached to the house. There was general discussion between Mr. Jim Duncan and Councilmember Rizzi regarding what part of the video she was referring to. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 23 OF 80 Councilmember Rizzi asked if the white fence in the picture is the front yard fence and the camera looks like it is way to the left. Mr. Jim Duncan showed them Jim Johnson's house and where he camera is located.The other camera is from Nick Funk's house and that is across from where the RV is blocking the light from the cars entering. Councilmember Barker commented it is higher. Mr. Jim Duncan stated there is a higher elevation on Nick Funk's house.He goes up almost another six feet from Jim Johnson's house.It is kind of a stair -stepping topography.The very first house is pretty much level, then there is another six and another six.He continued with the videos.The next video had the camera on an attached garage on the edge of the garage attachment.The next camera angle was straight forward.The previous angle was heading towards the Hitching Post.He took a decibel reading on the night before where there was no bull riding at it was at quiet library reading.These last cameras were on Rich Beavers' house.He showed another video where he as driving Rich Beavers home on the night after they had their neighborhood meeting on March 22.They could not hear each other in the yard over the noise from the bull ring.The next video was from Bill Wallingford's house which is 900' to the bull riding arena.His camera is a little bit high and has five separate dates on the video.All of these videos had separate dates on them for a total of 30 dates total in this compilation.He put the following video together at the request of John Chapman and it was from his dash cam in his car.There was no audio.It showed people parking across the street from the Hitching Post and crossing the highway, sometimes at night and with the lighting they were difficult to see and there were near car/pedestrian accidents.There was another video of his being stopped on Lost Dutchman and about to turn right onto Highway 88 at night.Four people crossed the street in front of him.He showed daytime views of the area, including the panic gate for the bull riding ring.He showed another video where ten cars were parked and blocking the panic gate.He showed a video of the Jazz Festival from a year ago, that last time they had a REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 24 OF 80 concert in the area.It was a different IF camera used from Jim Johnson's house. Councilmember Rizzi asked if the date and time stamp are from his camera directly. Mr. Jim Duncan stated that is from his dash cam.It automatically puts it on there.He showed another video that depicted traffic on Lost Dutchman.He stated their parking instructions for that day from the attendants on that exit on Lost Dutchman were right and then right.That is what every one of the attendants was telling the 400 cars that were in the parking lot, which goes all the way back to the very back parking lot.Both of them were totally full during that day.The instructions were so they would not go left on Highway 88.They went right and then right on Cortez through the neighborhood.Some of them went onto Lost Dutchman further up and went to Goldfield.He showed a video that did not have any audio on it that was played at the planning and zoning commission that depicts the surrounding area and the horses in the area.It also showed where residentially -zoned property is located that is directly south of the concert event center.A horse stall and stables could be located 80' from a concert that could occur 15 times a year.Everything south is RS -54. Mr. Evan Bolick stated he just needs to give them their proposed conditions at this time. Mayor Serdy asked what else they need to do. Mr. Evan Bolick stated in the event they choose not to deny the use permit, they are going to go through the conditions they are asking them to approve in lieu of. Mayor Serdy commented they are wondering when to take a break.He asked how much longer he thinks he needs. Mr. Evan Bolick stated his guess would be ten minutes. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 25 OF 80 Mayor Serdy commented they will take a break now and then come back. City Attorney Joel Stern stated after Mr. Bolick is done Mr. Pew should be given the opportunity to reply.A break may be better at that time for Mr. Pew. Mayor Serdy commented it would be ten minutes. Mr. Evan Bolick stated that is his guess. City Attorney Joel Stern stated that is what he would recommend.And for due process Mr. Bolick should be given another chance to rebut and that would be after the breaks and before they open the public hearing. Mayor Serdy called for a break. Mayor Serdy reconvened the meeting. Mr. Evan Bolick stated the Hitching Post was earlier compared to a neighbor's barbecue. That is not the case.It is a major commercial business as it is already running bull riding events two times a week and is proposing to increase the events beyond those two times a week to have fifteen special events a year as well as five more rodeos.This is something that is already generating quite a lot of traffic, parking, dust, noise and light pollution.An expanded use will only attract more.That is why this should be denied.There has been nothing presented to counter these videos.There has been no noise study, traffic study or parking study presented here to suggest what they have seen today is not the case with the property or that it will not get worse upon the expanded use.If they are not inclined to deny the conditional use permit, they ask that the council adopt some different conditions than those adopted by the commission. There are two different types of fences they are talking about. One is the parking fence that is delineated in blue on the plat REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 26 OF 80 map.They would like to have any parking fence adopted also encompass the area that is unfenced as one of his clients' houses is in an area that if it remains unfenced he will not have any screening whatsoever.The yellow fence is what staff proposed to go around the new outdoor event area as well as the bull riding center.The parking lot fence is critical as that is the closest thing to the residents as well as adding a lot of noise and light pollution from the headlights and the sound of the vehicles going there.Currently proposed is a 6' chain link fence with wooden slats around the parking lot.The Hitching Post is proposing to use the current 6' chain link fence there. Without the slats, the chain link fence provides absolutely no screening to light, noise or dust.Staff proposed an 8' tall block wall around the east parking lot.That is better than a 6' chain link fence with wooden slats as far as both blocking noise as it is a block wall as well as providing more coverage from the headlights.The zoning ordinance requires construction of an opaque screen wall.The landscaping standards say where a commercial development is proposed to be located adjacent to an existing or residential property, screening walls shall be required in accordance with Table 6-2.They do need to have a wall or a fence there.The table states the wall for the side or rear setbacks must be higher than 8' and must be an opaque wall, painted or stained with an earth tone color.They need to consider there is a big change in elevation between all of these residences.A 12' wall is really what is necessary to fully block those lights caused by the parking and traffic that is generated by the site.It also provides some protection from the arena lights and exterior lights of the Hitching Post itself.A block wall will provide much more of a buffer for noise and dust than a chain link fence with wooden slats.There was a marked difference once the 12' RV was parked in front of the house than there was with just the 6' chain link fence.A wall must be required and it should be an effective wall.He next addressed the screening around the new outdoor area and the bull riding arena.The commission removed the staff proposed fencing around the new area and did not adopt any screening at all.They have already heard how much noise this property generates and now they will use more of the property and generate more noise and light from patrons, music and amplified audio outside.Staff recognized the potential and proposed a 12' solid wood screen fence similar to the existing fence from the restaurant.He believes that is what is necessary to help REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 27 OF 80 provide adequate screening.No screening will leave the residents at the mercy of the expanded uses.Staff noted the noise would be shut off at 9 p.m. and stated at the hearing it was in direct consideration of the neighbors.Commercial restaurants and event centers like to have noise and stay up later.They can inside the restaurant.They must consider the impact amplified noise has on the residential neighbors who are trying to go to sleep, watch television or hang out with their families.At 9 p.m. the Hitching Post would not be prohibited from remaining open later but it would prevent the loudest, brightest and most intrusive activities from impacting their houses.The original recommendation was for 6 concerts per year and it was eventually brought up to 15 with a request for another five.The only reason given was from Commissioner McGraw who asked if there is a problem with having a popular place go 15 times a year and he did not understand why it was dropped down to six.Everyone likes popular places but that is not part of the conditional use permit consideration.Just because it will be a popular place and will generate a number of visitors does not mean they should ignore the considerations of the impact of 15 concerts, more than one a month, will have on the residents.This is even greater than what they are currently dealing with having two rodeo events per week.The code requires verification and proof.That is what the conditional use permit is.The Hitching Post must show this will not be detrimental.If that has been done then it will be approved.That did not happen here.The Hitching Post is asking that you take it on faith this will not be more detrimental to the neighborhood.Running through it again, the current conditions are 15 concerts and special events per year, cessation of noise and light by 10 p.m.Staff had proposed 6 events and concerts per year ending at 7 p.m., recognizing the impact of the concerts on the neighbors, and cessation of noise by 9 p.m. and lights by 10 p.m.Their proposal is similar to staff being adoption of a 9 p.m. cut off time for lights and music for outside events only and adopting 6 concerts per year ending at 7 p.m.If they do 6 concerts a year with no issues, they can ask to amend the use permit with the demonstration of proof they need to bring that there should be more events per year.Sound policy would be to start off small on the events, see what impact it has and then broaden them instead of putting the onus on the neighbors to show it is not working out.Some of the conditions give the Hitching Post a year or more with no REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 28 OF 80 completion date given for some including the construction of the fence, a traffic impact analysis, occupancy load estimates and so on.There are a number of them that say show the council later that he has done them and in the Meantime he can operate. This unfairly shifts the negative outcome onto the neighbors. If this permit is approved, then any conditions adopted by the council to protect the neighborhood from the expanded use should be completed before the use goes into effect.There should be a fence around the parking lot as well as the outdoor area before they start using this.The lighting should be brought into compliance with the code before they start using it.Verify then approve.The owner should not be permitted to operate outdoors until these are completed, permitted and approved. Otherwise the residents bear the burden of unintended and detrimental consequences.He objected to virtually all of the new conditions being proposed by the Hitching Post and still objects to their even being considered.It was the Hitching Post's requirement to come here today and at the commission meeting and show this will not be detrimental and that includes the traffic and parking generated.Now they are proposing to shift the cost and responsibility for doing a traffic study to the city.That is not what the conditional use permit requires and it is certainly not fair to the city.Their proposal number seven for the 5 additional bull riding events does not address the impact of what 6 or 15 additional special events are going to have and they are proposing another 5 events.They also wanted to know why there was a starting time.The commission stated it there is no starting time this could theoretically start at 9 a.m. and go to the maximum ending point of 10 p.m. That would truly be unfair for the neighbors.Starting times are very critical.They are asking to use the RV, boat, truck and storage lot.That is not in the application and it cannot be used until it is put in a future application.It shows there is not enough parking here as was seen in the videos with people parking on the sides of the roads where they should not, crossing a busy highway and now there is a proposal to use another business' lot to facilitate this business.That is very concerning as far as the approval of the permit.They want to delete 14, 18 and 19.All of these accomplish the same thing, verifying the Hitching Post is complying with the conditions. They are now asking the council to further take on faith they will not violate these conditions.There has been no evidence presented to show what this impact will be.Checking on the REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 29 OF 80 progress is critical.If deleted, the onus is on the neighbors again to take videos, call the police, contact the city and initiate a proceeding at their own cost.That should not be on the residential neighbors.It should be something the that Hitching Post is asking for this extension and proves to the council everything is running as required by the conditions. The criteria needs to be considered.Under A, it is particularly difficult for the Hitching Post to show they have met the adequacy of the roadways as they have been shown people crossing the roadways with almost no lighting at night and no crosswalks.It is unclear as to where the parking will be, how many people can be accommodated and how many people will be drawn there.As proposed, the public facilities need further investigation as to whether the Hitching Post can accommodate the estimated load and will be sufficient.Under B, he cannot see how they have shown there will be detrimental impact arising from the increase in odor, dust, noise, lighting, smoke and glare when they have already seen numerous videos that were a handful of what was shown to the commission.They will continue to exist and grow should the permit be granted.There was no evidence presented as to what contributions to the deterioration of the neighborhood will be but he asked who wants to buy a house next to a concert venue and a bull riding arena.There is residential, commercial uses and structures and they are typically not compatible with concerts and major events.This is not just a restaurant; it is a major regional attraction as it is being marketed.They have already discussed the screening and buffering of uses at length and it is inadequate.There must be additional screening in the form of a 12' block wall around the parking lot and a 12' wooden fence around the outdoor area to provide a modicum of protection for the neighborhood. Mayor Serdy commented there are no questions at this time but there may be when he comes back up for rebuttal.He requested Ralph Pew to address the council.Mayor Serdy asked if the slides they saw of planning and zoning members having conversations and possibly Mr. Pew would be pertinent to what they are talking about and if it should be brought up.This has nothing to do with what they are discussing tonight. City Attorney Joel Stern stated it does. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 30 OF 80 Mayor Serdy commented he would like to hear from the attorney. City Attorney Joel Stern stated they have three options.They can uphold, modify or overrule.When they choose one of those they can take into consideration how the planning and zoning commission conducted their decision.That includes what happened at the planning and zoning meeting.If they believe off camera they were talking about it, but it is hard determine what they were talking about. Mayor Serdy asked if they are to assume someone may or may not be having a conversation.On his way in tonight Mr. Pew said hello to him.They know each other from previous meetings.That will happen in the course of a lifetime. City Attorney Joel Stern stated they can take into consideration all the evidence that was presented tonight.That includes the videos.If they do not believe they were talking about things and are they able to prove it, that he does not know if they can.It is up to the council to believe it is proven or not.The burden of proof is on the Hitching Post.Even though they are sitting in the chair of the planning and zoning commission, it is still the Hitching Post that must offer proof. Mayor Serdy commented even though they did not ask to be here.In a trial one cannot say someone is guilty and they must prove they are not.In this case, that is the way we have to go about this. City Attorney Joel Stern stated this is not exactly a trial.This is a quasi-judicial hearing essentially where they sit as judges but they also can take into consideration new evidence of any kind because the rule says modify.He disagrees with Mr. Bolick on this.It does not define what modify is under the code.It means modify and they can take into consideration additional things.If Mr. Pew wants to add a few things that were not discussed at the planning and zoning commission, that is okay.Just like Mr. Bolick can do the same thing.They can ask for additional things or additional conditions that can be changed.In their REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 31 OF 80 packet they have some suggested motions with a lot of fill in space because staff cannot interfere with their decision.It was set up so that the detrimental language is in the motion. That needs to be stated on the record for however they decide, to uphold, modify or overrule.Those are the terms:uphold; modify or overrule.That is what the code says. Mayor Serdy commented Mr. Bolick also challenged Mr. Pew to come up with counterevidence on what has been presented.He asked how Mr. Pew would know what would be presented.He asked if they would need weeks to counter that and go out and get their own photos. City Attorney Joel Stern stated Mr. Bolick was pointing out Mr. Pew had the burden of proof.He was just saying they did not meet their burden.That is essentially the argument.Continuing with his train of thought, the factors that support the finding are A through G. They can consider other ones but he does agree with Mr. Bolick on this issue, those factors need to be looked at and the evidence has to be matched up to those factors, if whoever makes the motion believes they are applicable.He wanted to point this out before they got off track.He wanted to add Rudy had a different set up in his motions.However, he is adding the yellow sheet which basically says whoever makes the motion must add this thing at the end that says "and everything needs to be put in a resolution that is to be signed by the mayor".That is important.They will assign the number as that is not important right now. Mayor Serdy commented he just wanted some procedural clarification before they bring Mr. Pew up and then they can ask questions of him. Mr. Ralph Pew stated with the respect as to the conduct at the planning and zoning hearing, Mr. Stern addressed it correctly.They can take into account anything they want in this hearing.It is a free- flowing environment.In truth, visiting with a planning commissioner is not a violation of any law or any protocol.It is up to them to decide what that moment meant.They can evaluate anything they want tonight.They are not bound by the strict rules of evidence and cross examination as it is not a REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 32 OF 80 trial.They are not reviewing and determining whether the planning and zoning commission did things right procedurally. They are conducting a brand, new hearing.He agrees that his comments with regards to changes in the conditions are totally admissible and can be considered.Their application has fifteen events in the western town area per year.It could be less. The bull riding arena is Thursday and Saturday as it has been and five additional events not on Thursday or Saturday nights. With respect to the findings of fact, their position is they have demonstrated every one of those findings and factors.They have provided information on them. They would have to consider if there is empirical data and if they want to weigh it like a scale.They should consider the operations of the Hitching Post and its history.The planning commission found they demonsttated every one of the findings.They found and stated exactly why they voted the way they did in their motion.The city code does not require the items such as the lighting, traffic study or the fence have to be done first.That does not exist in the code.The council will decide what that means and can create their own conditions.It makes sense to give it a while and let it evolve.He has no basis on which to critique or judge the foundation, validity or veracity of the videos.He thanked him for the videos because they prove exactly what Mo has been doing and that is operating on Thursday and Saturday nights.He closes at 10 p.m.In the history of the Hitching Post there has not been a single conviction or determination of responsibility on a nuisance for noise.They clearly demonstrate he is living within the ordinance and development agreement and will continue to do so.That is what it shows to him.Bringing the noise concerns here tonight in a video is a far cry from trying to demonstrate that a nuisance has occurred by a violation of the city noise ordinance.That has not happened in the entire history of the operation of the Hitching Post.The wall issue, the fence on Cortez, that code section needs to be looked at carefully as to whether it means the wall has to be there if two properties adjoin each other, meaning rear yard walls.He asked if there is really a code requirement for a wall in what would be a front yard.Mo owns property on Cortez.To claim that Cortez is a 100% residential street is not right either.Mo owns the other side of the street, the other half where the street fronts both sides.Rarely do you put a wall in a front yard.He does not know if there is a REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 33 OF 80 requirement for that.Staff can probably help you with that if there are questions on it. Councilmember Rizzi commented on the events that are proposed are in the western theme area. She asked if that is the furthest piece of property from the residents.It looks like it from the picture that these events will be as far away from the residents as they can be. Mr. Ralph Pew stated that is correct.It is as far south and west as possible.There is a neighbor who owns property just south of that location that has a small area of residential that actually touches the Hitching Post conditional use permit area. Councilmember Rizzi commented these additional events that are being proposed are not going to be falling into that back part, the patio part.They are up front in the western theme area, the furthest from the residential area. Mr. Ralph Pew stated that is correct. Councilmember Barker commented one of their proposed conditions addresses exterior lighting.They want that to be the building only.She noticed the lights when looking at the videos.She asked how long those lights have been on the building. Mr. Ralph Pew stated he believes decades.He asked Mo how many years he thought those lights had been on the building. Mr. Mehmood Mohiuddin stated the Dash In was built in 1962.The boat marina was built in 1991.Those lights have been there since then.He has never changed them.He purchased the property in 2006. Councilmember Barker commented they have been out of compliance for the whole time. He never brought them into compliance. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 34 OF 80 Mr. Mehmood Mohiuddin stated he did not.Larry Kirch asked him about the lights one evening and he told him they had been there since he had purchased the property. Councilmember Barker asked if that compliance would have been grandfathered. Development Services Director Larry Kirch stated there are lights all over the city that do not meet the dark sky ordinance.Staff felt it was important as part of the conditional use permit to try to shield some of those lights.They put in a condition that within a year they would bring all the lights into compliance and that is mainly just shielding. Councilmember Barker commented that it says all the lights. Development Services Director Larry Kirch stated that is correct.It says all the lights, not just the ones on the building.The lights that light the arena are dark sky compliant.They have had lighting complaints on the ones that are over on Lost Dutchman.There is a series of lights there.They had complaints because they are at about a 45 degree and not a 90 degree.Those have been corrected. Councilmember Barker asked why their proposed conditions suggest the city pay for the traffic study.It is a given the traffic will increase.At least that is what he hopes because he is a businessman.He wants to increase the traffic.It would appear to her that since this is his business and he wants this traffic that the burden would be upon him to do a traffic study to show how he could remedy any traffic problems that might occur. Mr. Ralph Pew stated she is correct as to the theory and the concept of traffic studies. The concern they have about the condition is it requires a traffic impact analysis, not a traffic impact statement.A traffic impact analysis is a very, very expensive time-consuming proposition.They thought if the city wants to do one of those now or soon, they can go ahead and they will provide numbers, REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 35 OF 80 issues and help out with the facts of it.If they want to do a traffic impact statement then that is more affordable to the property owner and could be done.It felt like to Mo that there is an assumption a problem had been created and he has to solve it.We do not know that is the case. Councilmember Barker asked if this is not something he would want to know. Mr. Ralph Pew stated he would want to know if there is a problem.Typically, traffic studies are done when nothing has been built yet.It is an anticipatory development of what you expect from traffic and where the curb cuts should be and so on.Mo's view of this instance is the streets are there, Highway 88 is there, Lost Dutchman is there, the curb cuts are there, if there gets to be a problem they can then talk about a study if it is needed.To say we need one in a year to him was arbitrary.That is why they suggested if the city needs one the city can pay for it. It is unusual. Councilmember Barker commented so he wants to wait until somebody gets killed out there.Then the city can go ahead and do the traffic study. She asked if that is where they are going.It really bothers her. Mr. Ralph Pew stated that is a fair comment.Her concerns are fair and reasonable.He is relaying Mo's view of it is it is arbitrary to just do it in a year and for him to pay for it.He suggested they do a condition that says it is a statement instead of a traffic impact analysis.They can work some of those things out.They do not want to not do their responsibilities.It just felt like it was just another add on. Councilmember Struble commented previous to this action the lots were consolidated and now we have lots 1, 2 and 3.He asked if that is correct. Mr. Ralph Pew stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 36 OF 80 Councilmember Struble commented parcel 1 is a big area that is to the east of the buildings. Mr. Ralph Pew stated he does not have the map in front of him.There are three parcels.One surrounds the house and he does not know if that is 1 or 2. Councilmembers Struble and Barker stated lot 2 is where the house is at. Councilmember Struble asked where the proposed entrances are located for the lot that is over there on the east which borders on Cortez. Mr. Ralph Pew stated there are no entrances or exits on Cortez.They all are on Lost Dutchman.There is access on the far west on Apache Trail. Councilmember Struble commented he is trying to coordinate the headlights coming through the fence.There is never anybody actually leaving that particular lot because there should be a fence around there. Mr. Mehmood Mohiuddin stated there is. Mr. Ralph Pew stated that is correct. City Attorney Joel Stern stated he agreed with Mr. Bolick on the issue of the parking request.That is a separate item.That is not on the application.They talked to Mr. Pew about this earlier in some of the discussions before the conditional use permit hearing and development services staff would also agree the parking request would have to be another application.To have the extra parking for employees and excess events or individuals would not be appropriate for this application. Mr. Ralph Pew stated he agreed with Mr. Stern and they acknowledged that in their presentation earlier.It is not part of the conditional use REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 37 OF 80 permit.They were hoping for some direction on special event licensing or an indication on how they feel about it. Councilmember Rizzi commented there is a chain link fence across the Cortez side of the property.It is a commercial property and it has not been addressed.Apparently, our code states that would need to be 8 feet.She asked if that had been grandfathered in like with the lighting that is out of compliance.She asked how that has happened. City Attorney Joel Stern stated that would be a zoning administrator interpretation. Senior Planner Rudy Esquivias stated in the planning and zoning staff report there are a couple of exhibits from the city engineer.There are some very peculiar things happening with Cortez Road.It has been slightly realigned to the east so there appears to be a lot of extra right-of-way in there.The fence has been there for a long time.One of the issues mentioned at the planning and zoning hearing, and it is a separate issue that Mr. Mohiuddin would have to work out with the city engineer, is the final determination of that right-of-way.The question is if he actually has more land to the east, if it is fine where it is, where the 10' setback is and where the landscape setback going to occur.There are those kinds of questions.It is still a little fuzzy at this time.Normally an 8' block wall would not be allowed on a property line or within the setback distance to a property line but as part of this conditional use permit that was one of staff's recommendations.Reading the fence code, basically it says a commercial fronting on a street normally would have a little pony parking wall 3' or 4' high to basically screen headlights from shining into the street.However, as part of this conditional use permit request and because they recognized there were issues there already, staff recommended an 8' wall set back 10' from the property line and then there would be landscaping in front of the wall. Councilmember Rizzi asked if the 6' chain link fence is out of compliance right now. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 38 OF 80 Senior Planner Rudy Esquivias stated he did not believe so. Councilmember Rizzi commented that is what she wanted to know.It is not out of compliance the way it is right now. Senior Planner Rudy Esquivias stated that is correct.But if the conditional use permit is approved one of the recommended conditions is to put the fence in the right place and put landscaping outside the fence. Mayor Serdy commented Mr. Pew stated the parcels to the north and the west are also commercial.He asked if they could be bought in the next year or so and more restaurants and saloon -type businesses go in there. Mr. Ralph Pew stated he would assume so as long as they are allowed uses in the B-1 district which he believes they are.But he has not verified that. Mayor Serdy asked if Mr. Pew can be brought back up again once he sits down. City Attorney Joel Stern stated for due process he thinks he should allow it if something new comes up.He thinks Mr. Bolick gets a chance to reply after this. Mayor Serdy requested Mr. Bolick address the council. Mr. Evan Bolick stated he was going to respond to some comments here.They have already seen the impact twice -weekly bull riding has and they are discussing extending this so there are 15 additional major events per year plus 5 additional bull riding contests and still maintaining the original two times a week.They need to consider how much more of a burden they want to put on the existing residential neighbors.Mr. Pew stated the noise has not been found to be a nuisance.That is not what the conditional use permit requires, that there be a finding of a nuisance.It just requires that REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 39 OF 80 the noise, amongst other things, be detrimental to the neighborhood.It is already detrimental to the neighborhood and they are proposing more noise.There is evidence that it is detrimental in that at least half of the police reports noted noise when the police arrived or spoke with the owner of the Hitching Post about the noise as well as the notice of violation stating the Hitching Post has exceeded its hours allowed to operate.They think it is important to get the most complete traffic study there can be because they are not dealing with a commercial business going into a fully commercial area.They are talking about vastly expanding a commercial business that is bordered heavily by residential areas.They need to know what kind of traffic, how much and if it is acceptable for residents to have to face such traffic.Mr. Pew stated it is very expensive to obtain these studies.There is no doubt that is the case however, as Councilmember Barker pointed out, he is also hoping this will be a very lucrative endeavor.It makes sense that in order to earn this business he shows it meets the requirements for a use permit.Part of that would involve a full-blown traffic study.Mayor Serdy asked about why he brought up the commission meeting.It was not to impugn anyone's reputation or to say they had malicious intent.It simply shows they were not in compliance with open meeting laws as well as having communication with the very person being asked to grant the permit.Usually he would agree there is nothing wrong with an attorney meeting with a commissioner, however this occurred during a hearing on that attorney's client's permit application.There looked to be an unfairness as to why and how this was granted.At least some discussions occurred outside of public view and public hearing.Regarding knowing how to rebut the evidence his clients presented, they had a burden to show those A through G requirements had been met.They knew what those requirements were when they applied for the permit and it was their duty to bring evidence to support that this was not detrimental, that there were no parking issues, no traffic issues and no impact on their neighboring land values.It was not asking them to rebut what his clients were going to bring as they were correct he could not have known.However, that is the risk an applicant bears when apply for a permit if they do not get a noise study, traffic study or a parking study.They may not have met their burden to show they should have a use permit awarded.Councilmember Rizzi had pointed out the western town was located as far away from his clients as it can be on the REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 40 OF 80 property.That is true but it does not necessarily stop amplified music, smoke and light that are located there from impacting and it certainly does not alleviate the traffic and parking concerns shown in the videos that will occur regardless of where on the actual property the event is. Councilmember Evans commented they have the original staff recommendations in front of them. They have the Pew recommendations, Mr. Bolick's recommendations and the planning and zoning recommendations.They have a lot of recommendations in front of them.She is going to go by the staff recommendations first.She will ask questions off of those and why it was stated that way.She asked if they would be given six months to comply if they had an applicant that came to them with this project with a brand new event center going forward.She asked if they would be able to get a certificate of occupancy and immediately start operating the new business without completing the walls, the impact study, the sewage and the roads.She asked if we would allow them to open without that.She does not believe they would.She asked why some of the time frames are six months and others a year to comply with the recommendations to run this business.He can immediately start running the business according to this with the very long time frames available to them to become compliant.She asked why the time frames were extended out so far. Senior Planner Rudy Esquivias stated it was to give the applicants time to conduct what they believe to be the necessary studies, including the traffic study.It takes time to hire a consultant, to get it done and to have it reviewed so a year seemed a reasonable amount of time.The other things could be more quickly done such as the construction of a fence.They were trying to balance out what the applicant wanted, what the neighbors' concerns were and the time frames were simply recommended time frames to try to give the parties the time to do what they needed to do but still provide some impact lessening to the neighborhood. Councilmember Evans commented she understands that the traffic analysis is a safety issue. That is basically what it is for. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 41 OF 80 Senior Planner Rudy Esquivias stated this came up as an issue the last time the conditional use permit was considered.They asked for Arizona Department of Transportation's input and a lady there stated if the building is not getting bigger or the intensity is not really increasing then they do not see a need for a deceleration lane at this time.One thing has changed.The configuration of one of the parcels has changed.When they were talking to Mr. Hewitt about how the parcel was going to be reconfigured they recommended a 90 degree entrance there.They have semi -trucks coming in and out of here and going onto the highway at 50 miles per hour. They are going to be asked to make this awkward turn.They could still go through the Hitching Post parking lot to get to the highway but this was one of their concerns.There is open access along one part of the property.With the increase in activity and anticipated increase in traffic this would be the opportunity to get a proper traffic study done to address those kinds of issues. Councilmember Evans asked if there was an impact study done by the Arizona Department of Transportation on the new turnabout that is going in on State Route 88. Development Services Director Larry Kirch stated something inaudible from the audience. Councilmember Evans commented it was not an actual traffic analysis. Development Services Director Larry Kirch stated it was not. Senior Planner Rudy Esquivias stated he knows they did a right-of-way study and they might have done some traffic counts but he does not know if they did a very detailed traffic impact analysis. Councilmember Evans asked if they would be allowed to open without this if this was a brand new business. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 42 OF 80 Senior Planner Rudy Esquivias stated they would not.They would have to meet our normal development standards. Councilmember Evans asked if the stage was part of the original development agreement or was that one of the items that appeared afterwards. Senior Planner Rudy Esquivias stated he did not think the stage was part of the original development agreement or the bleachers. Councilmember Evans asked if he had a permit for building the stage. Senior Planner Rudy Esquivias stated he does.That came about later.They kept it under a certain size that the building code would allow without having to get into a whole bunch of other issues. Councilmember Evans commented it was not a height issue. Senior Planner Rudy Esquivias stated he thought it was more of a size issue and height off the ground issue as well. Councilmember Evans commented usually when they have agreements part of the agreement is landscaping and mitigation for noise and dust and things like that.She did not notice there was anything like that on this plan. Senior Planner Rudy Esquivias stated there is some landscaping.Some trees were added along Cortez and some shrubbery added in another area but this plan does not reflect how we would comply with our landscape code. Councilmember Evans commented our normal landscape code. Senior Planner Rudy Esquivias stated that is why we are asking, at the very least along Cortez REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 43 OF 80 and a stretch on Lost Dutchman, that the applicant install landscaping in accordance with our landscape code.Staff had also recommended an 8' block wall to try to mitigate some of the headlights impact and some of the noise impact. Councilmember Evans asked how it went from a 12' high wall to an 8' high wall.Staff's recommendation was originally the 12' wall. Senior Planner Rudy Esquivias stated their recommendation for the 12' wall was for the new activity area and the bull riding.The recommendation for the 8' block wall was on the side of Cortez and on the stretch of Lost Dutchman. Councilmember Evans commented it did not include the area to the northeast of the house property line. Senior Planner Rudy Esquivias stated the area on the northwesterly side of the house would have a new 12' high western theme fence. Councilmember Evans commented so that is part of that. Senior Planner Rudy Esquivias stated there is some recommended screening in that area. Councilmember Evans commented the 8' wall on the east side along Cortez is to contain trees to help buffer. Senior Planner Rudy Esquivias stated the trees will be outside the wall. Councilmember Evans commented originally when this went from being the Dash In to the Hitching Post Restaurant there was supposed to be landscaping in the front. Senior Planner Rudy Esquivias stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 44 OF 80 Councilmember Evans asked if that had been complied with. Senior Planner Rudy Esquivias stated the original development agreement called for above ground landscape planters contained in railroad tie things that never worked.The plants never got watered, the plants died, people kept running into them and he does not know if they are still there or not.He suspects not.He believes one planter is still there in one area but the other planters in the other areas he believes have basically disappeared. City Attorney Joel Stern stated Mr. Severs was involved in that.Mr. Severs did not want to dig into the asphalt.That is why they were up above the ground and there were planters around. Councilmember Barker commented she counts somewhere around 70 parking spots.If the area over where the entertainment were to be in the area where the facades are, then they would have to take away 15 or so. That reduces the parking down to a really small area.She asked where the rest of the parking is going to be. Mr. Evan Bolick stated that is something they have been questioning throughout this process. He will defer to Mr. Pew but when you read the narrative they claim to have 112 spaces but that seems to be because if an event is here they intend to shift parking somewhere and if it is in a different area they intend to shift it to another area. He does not think it is clear. Mr. Ralph Pew stated when there is an event in the western town area there will not be parking there.The parking will be accessed off of Lost Dutchman and will be in an area he designated on the overhead. There will not be events staged in one area that is dedicated to parking. Councilmember Barker commented they only have about 50 spaces.One of you spoke about 100 plus people.She is wondering what they are going to do with overflow parking.Obviously, there is already overflow REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 45 OF 80 parking.They are parking on State Route 88 and et cetera.She asked what they are going to do with that. Mr. Ralph Pew stated the parking under the conditional use permit will occur within the boundaries of the conditional use permit.He does not have the numbers off the top of his head to tell them how many there are here but he showed them predominantly where the parking would occur.He showed them where the event would be staged and where the parking would be.There will be 109 spaces provided.With 3 handicap spaces it will be 112. Councilmember Barker commented so they are not all marked here since she has counted all of them. Mr. Ralph Pew stated they are not all marked.This is meant to accommodate events and there will •be parking in two other areas where they were not marked on the map. Councilmember Rizzi asked if these are ticketed events so they would know approximately how many people they would have coming or are they going to be wide open to the public and anybody can come.They can calculate parking spaces and people for ticketed events. Mr. Ralph Pew stated they will be ticketed events. Mr. Mehmood Mohiuddin stated none of the events they do will be open to the public.There will be an exact amount of tickets sold and how many parking and how many occupants.They are not going to exceed their occupancy.For example, last summer they had Johnny Lee who wanted an event at the Hitching Post.They sold exactly 85 tickets so they would not exceed their occupancy.They will not violate any city rules or regulations or fire department codes. When they do an event they will not be open to the public and they will make sure they sell the exact amount of tickets so they will not exceed their occupancy. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 46 OF 80 Councilmember Rizzi commented that kind of answers the question about all this parking and things getting out of control. Councilmember Evans commented they are going to sell tickets but the bar and everything else is going to be closed to the public.They will shoo them away and say it is a private event and they cannot be there. Mr. Mehmood Mohiuddin stated that is correct.That is what they have done with the three events they have done outside.Two of them were done in the beginning east of the Hitching Post.One of them they had the highest people that came out with about 260 people.It was an outdoor event where people brought their own chairs.One of them was done at the western facade and that was for the Blues and Brews. Councilmember Evans asked where the 200 people parked. Mr. Mehmood Mohiuddin stated that time the people parked in the western town and the overflow parking.When they purchased that property, at that time planning and zoning requested the same commercial zone owned by one person.If he could lease that property to the Hitching Post he could accommodate the parking.The lease was submitted to planning and zoning.He still has a copy of that lease. They accepted it on December 28, 2015 and it was valid until November 2017.Then they came up with this idea that this is not a parking lot, it is a storage lot and the lease i5 no longer valid.He requested they send him an email, the email came to him and told him from planning and zoning that the lease has not been recorded.He has not found any statute and maybe Mr. Stern may know if this needs to be recorded or not.He followed the instructions planning and zoning sent him.They recommended he file for a conditional use permit and he did so. Councilmember Rizzi asked if there were any noise violations, parking violations, dust violations or any violations with these three ticketed events where a certain number of tickets were sold and only a certain REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 47 OF 80 number of people were allowed to attend and a certain number of cars could be parked. Mr. Mehmood Mohiuddin stated there were not.They do not have any violations.When there was a neighborhood meeting going on that day he had 4 agencies at the Hitching Post.He had the fire department, Arizona Department of Environmental Quality, the health department and dust control.They have not been cited for any violations by those departments.He was with those agencies so he could not attend the neighborhood meeting.A complaint was made by somebody but he does not know who.The city can pull the public record and find out. Councilmember Rizzi asked if that was at all three of those events. Mr. Mehmood Mohiuddin stated the events have no violations.Before they came to the conditional use permit meeting there were complaints against the Hitching Post.They came and investigated and there were no violations. Councilmember Evans commented the way she understood it, the application for this conditional use permit and to allow Mo to do the additional events and things that he wanted to do there, that there was a compliance agreement made between the city and Mo that a conditional use permit would start the process to correct the violations he did have with the development agreement. Senior Planner Rudy Esquivias stated he believed so.He did not draft the compliance agreement but that is essentially correct. Councilmember Evans commented so there are violations, not necessarily for what was going on there but violations with the development agreement according to what was agreed to be done and was not corrected. Senior Planner Rudy Esquivias stated that is correct. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 48 OF 80 Councilmember Evans commented she thought that was the way it was.The conditional use permit will require him to also correct them but they have not been corrected as of yet. Senior Planner Rudy Esquivias stated he does not know if there are any outstanding issues right now.He thinks one of the more recent things had to do with signs and there was also an issue with the folks who have sewage trucks on the south lot but that lot is not part of the conditional use permit.Staff would have loved to see that south lot be part of the overall parking plan for all of the activities. Councilmember Evans commented then parking would not be an issue. Senior Planner Rudy Esquivias stated then it would not be an issue.He does not know if Mr. Mohiuddin can explain why he does not want to.Possibly he does not want to lose the rental income from the storage lot. Development Services Director Larry Kirch stated the violation that Attorney Bolick showed was a notice of violation in our standard form.It was for operating the bull riding arena outside of approved hours and it was also for the use of the parking lot.Under the economic development agreement, he is not allowed to use that area as a parking lot.All the videos they have seen are for use of that parking lot when it was not included in the original economic development agreement.Mr. Mohiuddin did not own that property at the time of the original economic development agreement.The compliance agreement was an attempt to use the conditional use permit process to eventually do away with the economic development agreement, essentially folding the economic development agreement or parts of it into a conditional use permit.Once the conditional use permit is approved, if it is approved, then the hours of operation for the bull riding arena would be set by conditional use permit and also the Dash In storage lot could also be used for parking if it had the proper landscaping. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 49 OF 80 Councilmember Evans commented sign code -wise and the parking lot that is currently being used along Cortez and Lost Dutchman are in conflict with the current development agreement that is in place. Development Services Director Larry Kirch stated that is correct.The compliance agreement required that the conditional use permit be applied for.That was part of the compliance agreement. Mayor Serdy commented during a large event he no doubt has 10 to 20 employees.He asked if it would be okay for the employees to park there.It would relieve some of his parking problem. Development Services Director Larry Kirch stated they cannot under the economic development agreement.That is specific to the types of uses, that it was going to be the Dash In Convenience Store with a little two- table restaurant in there and then the Hitching Post Restaurant itself.Even the steakhouse restaurant, converting it from the Dash In to the steakhouse, was really not in the economic development agreement.The way the economic development agreement is interpreted is what you see is what you get.He gets the bull riding arena, the Dash In Convenience Store and the Hitching Post.It is tied to a specific site plan.The specific site plan attached to the economic development agreement says this parking area is not a parking area.It is not part of the economic development agreement and it cannot be used for parking. Mayor Serdy asked if he could park his own personal vehicle there. Development Services Director Larry Kirch stated it is a storage lot.It is not part of the economic development agreement.If people are storing cars there or boats, that is what it is for. Councilmember Evans commented under number 8 and number 10 there is a conflict in time. Number 8 says 7 p.m. to 9 p.m. and number 10 talks about it REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 50 OF 80 being shut off at 9 p.m. with the lights shut off no later than 10 p.m. City Attorney Joel Stern asked what document she was referring to. Councilmember Evans commented the staff recommendation list where they wanted it changed to 8 p.m. to 10 p.m. instead of 7 p.m. to 9 p.m. Development Services Director Larry Kirch stated at one time Mr. Mohiuddin asked him if they could start and end earlier.He thought the neighbors would like it if it started earlier and ended earlier.He thinks that was staff's response to that.That is why they recommended 7 p.m. to 9 p.m. Councilmember Evans commented in one of the documents it said the neighbors agreed with the 9 p.m. shut off for the bull riding. Development Services Director Larry Kirch stated he did not know the answer to that.He thinks the next number relates to that.The activity of the loudspeaker and announcer are to end at 9 p.m.With clean up to do, they have to move the cattle and sheep around, the lights could stay on until 10 p.m. Councilmember Evans commented one of the questions that came to mind regarded number 15 where it talks about the traffic analysis.She asked if something like that would be required because our traffic is so much heavier in the winter months versus our summer months.She asked if there is a general time frame those are done in such as setting it for this four months. Development Services Director Larry Kirch stated usually when you do a traffic impact analysis they are using a traffic engineer and standard trip generation tables from the Institute for Traffic Engineers trip generation manual.There are peak hour calculations.There is not really any accommodation for the time of year.This land use will produce this type of peak hour trips. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 51 OF 80 Councilmember Evans asked if there has been dust mitigation done in the current area that was listed as storage and is for the parking lot or in the bull riding arena.She asked if they have a water truck or what they have to keep the dust down like in a construction -type job. Development Services Director Larry Kirch stated for events that is a standard condition when there has been an event in the fenced -in area.As part of an event approval they require dust control, put signage out and take it in.Whether they have dust control inside the bull riding arena he does not know.There does not appear to be much dust control in the storage lot.It might have been wet down on occasion but he does not know that for sure. Councilmember Evans commented they have not been informed that anything has been done to help with that situation. Senior Planner Rudy Esquivias stated they do pre -event watering down of the parking area.He does not know if anything else is done. Councilmember Evans commented the parking lot itself is not striped.It is just a dirt parking lot. Development Services Director Larry Kirch stated based on complaints they did dust complaints on Filly's and they made them put landscaping in.They gave them time but they had to put new decomposed granite down.It is based on if they had any complaints.Filly's had noise concerns on Saturday and Sunday afternoon.They tried to get them to move the speakers and put in landscaping and the fresh decomposed granite. Councilmember Evans asked what the commercial owner's opposition was to them. Senior Planner Rudy Esquivias stated the gentleman sent us a letter and he also spoke to him on the phone.He says he owns the property across the street, Dave's something LLC, and his concerns were that people who go REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 52 OF 80 to events at the Hitching Post are actually crossing the street or parking on his property.He did not say it in his letter but he also told him that people tend to leave trash on his property when they use it for overflow parking. Councilmember Rizzi commented Larry had talked about some situations with Filly's.She asked if there has ever been any violations with the events that the museum holds when the cars are parked outside the fence along State Route 88, or is there dust, people crossing or cars being parked out near the street. Senior Planner Rudy Esquivias asked if she meant police issues.He would not know that but perhaps the chief could answer that. Mayor Serdy commented he has seen deputy sheriffs out there parking people. Councilmember Rizzi asked if there has ever been an issue with the Easter event with the 5,000 people.There is just no way Prospector Park can hold that many people.People are parked alongside the road and people are crossing and dust blowing.She asked if we have ever had any issues with accidents. Senior Planner Rudy Esquivias stated he has no knowledge of that. Councilmember Evans asked if there is anything at all in the 27 recommendations from staff that we would not require of any applicant that wanted the same kind of event thing. Senior Planner Rudy Esquivias stated every case is a little different.These conditions pertain to this particular request.Maybe with another conditional use permit application they might not necessarily ask for an 8' wall next to the property line.But because of the issues and the types of complaints they have heard, some of these conditions were specific to this case to try to help mitigate some of those issues.They are not necessarily standard conditions but the landscaping, general screening, REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 53 OF 80 adequate parking and onsite engineering are.There were also some site specific conditions to mitigate the issues. Councilmember Evans commented we are not more restrictive with any of the conditions. Councilmember Struble commented he wanted to clarify something for all of them to see and had them point it out on the map.He asked where staff is recommending the 8' wall and the 12' wooden fence or decorative wall. Senior Planner Rudy Esquivias stated staff is recommending the 12' western theme fence where the yellow outline is.Staff is recommending the 8' block wall along the stretch of Lost Dutchman and along a stretch of Cortez. Councilmember Struble commented the only exit is up on top. Senior Planner Rudy Esquivias stated that is correct and he showed them where the gate would be and he showed them another area where there is an existing fence around there.There is also another access gate in the area. Councilmember Struble asked if there is anything in the portion around the house where the yellow and then the blue lines are. Senior Planner Rudy Esquivias stated he believes that is an existing chain link fence. Councilmember Struble commented that is a chain link fence right now and staff has no recommendations for anything for that right now. Senior Planner Rudy Esquivias stated they do not.This is the other area Mr. Bolick said they would also like fenced but staff did not catch that one. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 54 OF 80 Mayor Serdy opened the public hearing on the item.He asked that they supply their name and address. Mr. Brad Johnson, 2475 Whiteley, Pinal County, addressed the council.He had never heard of any of this before tonight however those videos viewed tonight have cameras with IR sensors that cannot depict the actual light pollution being given off in that area.The directional microphones on those cameras can pick up a person walking on the street.If they watch the videos again they can hear the police cruiser driving by on a paved road.They can also hear the women getting out of the car and walking through the gravel.He has 20 of those cameras on his home and he can hear people walking on the street 150' away.He encouraged them to take that with a grain of salt when the volume is turned up that high and when the headlights are bouncing off the IR sensors.It is not representative of what is actually going on there. Mr. Mehmood Mohiuddin, 2304 N. Cortez, Apache Junction, addressed the council.He stated during the last four months from January to the end of April somebody complained to the dust control people in Pinal County. They came and used a scale with a computerized system and took dirt from various locations but gave him no violation.They are in compliance.They were out three times.There is some decomposed granite out there and they are planning on putting out some more.They are not there to create a problem for the neighbors.They like the night time. They say they show their videos and the gentleman says something.He knows nothing about the videos and the sensors and all that stuff but he does have a decibel meter reading for the last 4 months.He wished he had known this would have been a question so he could have downloaded the information for every Thursday and Saturday. They are all in compliance.They do water and do dust control. They do every single thing to be compliant and so far every agency that has come out has not given them a violation. Mr. James Johnson, 2319 N. Cortez, Apache Junction, addressed the council.He stated a question was made by Mr. Struble about the noncolored part next to the house.Our request, since that was omitted, was for that REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 55 OF 80 to be an 8' block wall because of the Funk's house.Initially there was nothing in there but they made it part of their request as an amendment.He has listened intently to the council and the questions they have asked.He appreciates their concern for their welfare, wellbeing and quality of life that they have had to suffer the way they have for over three years. The videos do it no justice.One gentleman got up here and said it could be baffled.It is louder than the video.The light is more intense than what you see.Come out there and look at it. He assured them that none of them would buy a house or put up with it if you lived there.He asked them to put themselves in their shoes and make the right decision about this.They spent a lot of time and man hours trying to protect rights they never should have had to do in the first place four years ago.It is time to put it to a stop.They have given them the opportunity again this evening to make the changes and make it right again. Mr. John Insalaco, 2320 W. 10th Avenue, Apache Junction, addressed the council.He stated some of the council know that ever since this project started he has lied to this council.He has lied to all of us and he has never kept some of his promises.They say they should not be moving there because this commercial property was there before. Before it was a Dash In and a gas station.That is all it was. He has come in and made a three-ring circus out of this place. The city has a staff they pay to give the council recommendations and then they bring them to the planning and zoning and they disregard them completely.He asked why they should have staff if they are going to let planning and zoning just run amok and give this man everything.The council is not taking care of the residents of this city.He would like to see some other business get what this man has gotten and gotten away with.He has never been in compliance before.He asked how many times the city had to stop him from doing something without permits.He asked they not let him go any further. Mr. Jim Duncan, 2745 Smoketree, Apache Junction, addressed the council.He stated he lives a half mile from the Hitching Post as the crow flies.His home is located higher than most other homes in that area.He can clearly see the lights from the side of the building.He can clearly hear the 104 bull riding event nights that happen from his front patio.He also owns the 1.5 acre parcel to the REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 56 OF 80 south of where the concert center is going to be.He is in full support of his neighbors and asked the council to please approve their appeal.A comment about the police reports that someone mentioned earlier.They do not like to call the police all the time plus there have been times neighbors have told him they have called the police and were told the Hitching Post has an economic development agreement so they can have the noise and the bull riding.He asked if that really makes it right. Someone calls to complain about it and they are told they have an economic development agreement to have bull riding.He asked if that makes it right that they can have the noise and the police will not do anything.There are some conflicts as to what was going on out there.At the planning and zoning meeting of March 27 the applicant stood up and said he did not believe some of the videos he had just seen.He stated two times during his speech that he thought the sound was recorded in the arena area and attached to the videos.That statement is completely false.It is not the first time this has happened.In 2013 and 2014 while the applicant was applying for the bull riding arena he made these other false statements to the city council.There will not be a PA announcer on Thursday nights.It is only for practice.But there is.The PA announcer on Saturday will only be announcing the rider, but he does not.It goes on with advertising and on and on.There will not be music in the arena.He only has music in the Hitching Post restaurant.He has had that business for three years and has not had complaints.But there is music in the arena.The PA speakers will be on the ground to try to not disturb the neighbors.But when he opened they were on pedestals.There is a Google image from 2015 that clearly shows them on pedestals.There will not be bleachers in the bull riding arena but there were when he opened and there are today.The council just heard somebody talk about a standard that was built in the arena.He asked why there was no arena detail in the site plan for the conditional use permit.There is detail in the other areas and the arena was supposed to be a part of the conditional use permit.That is because he wants to do whatever he pleases in that area. Patrons can only access the bull riding arena through the Hitching Post.That was a statement made by his attorney.But that is not true.They go in from the RV and boat storage lot through a back gate into the bull riding arena.He has worked hard all his life to be able to purchase the properties he owns. He loves Apache Junction.Their RS -54 zoning district has the REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 57 OF 80 highest number of restrictions throughout all of the city. There is nowhere else you can go that would be more restrictive in a residential zoning area.We also have horse privileges which is an honor in this state.He is not going to subject horses on his property 80' away from 15 concerts that could take place 4 to 6 hours a day. Mayor Serdy closed the public hearing on the item and reopened the item to council discussion. Councilmember Barker commented she is very prone to be looking at staff's recommendations.She thinks they are reasonable and a good middle ground between them. Councilmember Waldron commented another thing important to realize is the neighbors are not looking to shut down the Hitching Post.They are simply looking for a way to enjoy their property.Some of the recommended conditions made by staff to the planning and zoning commission go a long way towards doing that.It is a very viable business and obviously very popular.There are some issues with parking that need to be resolved.It is true they have been told on many occasions that things would happen and they did not happen.He thinks it is too bad because he thinks he has a great business out there.However, when he comes to the council and says he will do something he needs to follow up with that.It is important to understand no one is going to shut down the business.He does not believe in this case that the applicant has met the land development code with the burden of proof in all the areas.To him that is not a deal breaker. Nonetheless, coming in here there were certain obligations the applicant had to meet as a burden of proof and he does not feel all of them were met. Mayor Serdy commented Councilmember Barker thinks the 8' wall and the 12' wall would go a long way to mitigate. Councilmember Barker commented that is correct.She thinks that staff was trying very hard to consider the neighbors as well as the business itself.She thinks they are reasonable. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 58 OF 80 Councilmember Struble agreed. He commented when he read through all the paperwork these last 4 days the staff recommendations seemed to be very reasonable for what was trying to be accomplished here.There was a statement earlier questioning if this was a brand new business would we allow them to operate for a period of time prior to having some of the things done, like six months or a year, to get things done and operate.He thinks that is a viable concern they could have.He thinks it is very important and he has said this before when people have come to the council asking for variances to zoning or whatever it might be and then this has to do with businesses.A business owner has responsibility to fulfill the requirements we ask of them.If they do not it puts a sour taste in our mouths for future people who will come to us.He has an obligation to future developments to abide by what we have to say.He thinks what staff recommended to us is a good starting point to consider. Mayor Serdy commented if this were a new business and we held everyone to that standard there would be no business in Bisbee, Jerome or Tombstone but that is part of what the charm of those cities is.They will not build that from scratch.Bisbee would be one giant parking lot and there would be no cool businesses there.He thinks that is kind of like when you remodel and you make something newer.That is how we get into these situations. Vice Mayor Wilson commented he does understand some of the concerns and issues with the vehicles that are pulling out of the parking lot and the lights hitting the houses.He does believe that 8' wall will definitely assist in that a great amount, which was recommended originally.The chain link fence does not do a darn thing for anybody.He is in agreement with some of the conditions that were originally recommended by staff.It is something to try to work through and adjust.He would like to see some of that wall being put up. Councilmember Barker commented she thinks there was some concerns about the timing on the six months and year.When you consider it, six months from now until the time is when an event could occur.The REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 59 OF 80 stipulation in the planning and zoning and staff recommendations was six months on the big fence. Mayor Serdy commented they would be talking November. Councilmember Barker commented they are talking right about the time any event could start.It seems to her the 8' wall should have to go up in the same time period mainly because that is what would be used to at least try to buffer some of that noise and some of the light, et cetera.That time period should be closed a little tighter for those things. Councilmember Evans asked if she meant number 1, number 3 and number 4. Councilmember Barker commented it is just the two fences is all she had in mind.She did not go beyond that. Councilmember Evans apologized and said not number 3. Councilmember Barker agreed it was not number 3. Councilmember Evans commented it is numbers 1, 2 and 4.And for the exterior lighting which is number 5. Councilmember Barker commented six months on all of them. Councilmember Evans agreed commenting that would bring them into the busy time. Councilmember Waldron commented they have to keep in mind this is an appeal of the planning and zoning so they have to look at their conditions of approval and marry them up. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 60 OF 80 Councilmember Barker commented they have to match them together. Councilmember Rizzi commented which is a little time-consuming when you are trying to listen and take notes. Councilmember Evans commented this is difficult and there is a lot.Everyone in this room has a lot of passion for their side and she appreciated both sides completely.It does not make their jobs any easier to find that happy medium to work with the neighbors and work with commercial.It is always difficult having residential and commercial zones compatible together.She thinks that staff's recommendations and with the changes in the timeline it is a very good compromise. Mayor Serdy called for a motion. Councilmember Evans requested a break. Councilmember Barker agreed so that they can get it done correctly. Mayor Serdy called for a short break. Mayor Serdy reconvened the meeting. Councilmember Rizzi asked Rudy to clarify the difference between the planning and zoning resolution and the staff recommendations so that they are clear and the audience is clear on the differences. Senior Planner Rudy Esquivias stated basically planning and zoning deleted staff condition number 1, the 12' western theme fence around the new activity area.Then condition number 2 in the staff's conditions became condition number 1 but they changed where staff had said within one year of approval a properly engineered and permitted 8' block decorative wall, planning and zoning changed that to one REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 61 OF 80 year of approval a properly engineered and permitted 6' chain link fence with wood slats.The rest of the language about the landscaping and the landscape strip outside the fence basically remains the same.Condition 2 in the planning and zoning resolution and staff condition number 3 are exactly the same. Planning and zoning condition number 3 and staff recommendation number 4 are different.Planning and zoning said within one year of approval the property owner, together with Pinal County Health and the city building official, will review occupancy load estimates for all customer accessible activity areas and make a determination on the adequacy of restroom facilities. They liked that wording better.Staff's recommendation was within six months of approval the property owner shall hire an engineer to conduct a new septic system analysis for the Hitching Post property based on Fleming fixture counts found in table 2902 of the International Building Code.This was a very specific reference to the way the building code determines how many restrooms you might need given the venue and the number of customers expected.Planning and zoning softened it up a bit. Planning and zoning condition number 4 called for all exterior lighting to be brought into dark sky compliance and staff condition number 5 is the same.Planning and zoning condition number 5 said no more than 15 events or other events with amplified music shall be held in the western town area.Said events shall end by 10 p.m. local time and shall be held only between April 1 and October 31.Other events in this area which do not have amplified music are unlimited in number and lights shall be shut off for any events in the western town no later than 10 p.m.Staff's condition number 6 said no more than 6 concert events or outdoor events with amplified music shall be held in the western town area and shall end by 7 p.m.These events are to be held between October 15 and May 15 yearly.The idea there was to try to capture some of the off season opportunities as opposed to the snowbird season which would already have a lot of folks attending the Hitching Post.The rest of it was basically the same other than recommending the lights off at 9 p.m.Planning and zoning condition number 6 was all outdoor concerts and similar events in the western town area will require the venue operators to hire off duty Apache Junction Police Department.If they confirm that none are available other law enforcement may be considered.If any use demonstrates a traffic safety hazard, additional safety improvements may be required.Staff's recommendation was the REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 62 OF 80 same.Planning and zoning condition number 7 stated the hours for bull riding under the conditional use permit shall last from 8 p.m. to 10 p.m. Thursdays and Saturdays and junior rodeo events may be held at the same time, in place of or as part of normal bull riding nights and hours.Staff's condition number 8 is the same.Planning and zoning condition number 8 states other events of similar or lesser intensity may also take place in the bull riding arena in place of and on the same days and times as normally allowed bull riding.Staff's condition number 9 is the same.Planning and zoning condition number 10 states all music and outdoor loudspeakers used for events held in the bull riding shall be shut off at 10 p.m.Staff's recommendation says the same thing. Councilmembers Waldron and Barker commented it says 9 p.m. in the staff recommendation. Vice Mayor Wilson commented and the lights off by 10 p.m. Senior Planner Rudy Esquivias stated there was additional wording about loudspeakers being shut off at 9 p.m. and lights shutting off at 10 p.m.Planning and zoning recommendation number 10 states the owner of the property shall take reasonable precautions that any outdoor music or loudspeaker use is directed away from and conducted in a manner to minimize the disturbance to the residential neighborhood.Staff recommendation number 11 says the same. Planning and zoning condition number 11 states all activities held in the newly -defined east expansion area shall end at 10 p.m. including ambient music.Staff's recommendation was to end at 9 p.m. Sundays through Thursday and 10 p.m. on Fridays and Saturdays.Planning and zoning made it 10 p.m. all the way around.Planning and zoning recommendation number 12 states RV and boat storage and truck lot to the south of the subject property is not part of the conditional use permit and shall not be used for employ, event or activity overflow.Additionally, no parking is allowed related to the activities on Lost Dutchman, Cortez and North Apache Trail.Staff's condition number 13 is the same.Planning and zoning condition number 13 is the conditional use permit incorporates by reference the submitted site plans stamped 2/26/18 illustrating the proposed development, property shall not deviate from said plans without REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 63 OF 80 development services director approval for minor changes and for planning and zoning approval for major changes in the form of a conditional use permit amendment.Staff's condition number 14 is the same.Planning and zoning condition number 14 is substantial increases in intensity just defines how we might define an increase in intensity.Staff's condition number 15 is the same.The criteria are there for how we might address a major change.Planning and zoning condition number 15 states the operators of the outdoor entertainment venue may use a free- standing sign in front of the Hitching Post to advertise special events on the larger property or a new free-standing sign may be placed along Lost Dutchman.Staff's recommendation is the same. Staff's recommendation number 17 was the conditional use permit for an entertainment value shall not transfer upon sale of the property.Planning and zoning deleted that condition.Planning and zoning condition number 16 states all requirements and obligations pertaining to the separate economic development agreement and amendments thereto shall remain in full force and effect until such time as the city council nullifies the agreement.Staff's recommendation number 18 is the same. Planning and zoning condition number 17 states no direct access from the event center allowed into the conditional use permit to Cortez.Staff's recommendation is the same.Planning and zoning condition number 19 states the conditional use permit must be renewed no later than three years from the effective date of approval, the property owner must file a timely and complete application to renew the conditional use permit several months before the renewal date, failure to renew the conditional use permit shall cause all approvals under this conditional use permit to expire.Staff's condition number 20 is the same. Planning and zoning condition number 19 states prior to the one- year anniversary planning staff shall bring the item back for commission review of compliance of conditions and consideration of further commission requirements or actions.Staff's recommendation number 21 is the same.At such time as sewer service reaches the property is the same for both planning and zoning and staff.All signage on the property including signage for the Hitching Post and events shall be in compliance with the city sign code including free-standing, permanent, attached, window signs and banners are the same for planning and zoning condition number 21 and staff recommendation number 23. Planning and zoning condition number 22 is for proper building permits.Staff's condition 24 is the same.Planning and zoning REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 64 OF 80 condition number 23 states all parking shall be dust proofed. Staff's condition number 25 is the same.Planning and zoning condition number 24 states pursuant to Apache Junction City Code expiration, the applicant shall improve and begin operating the outdoor entertainment venue within the accordance of the submitted drawings, narrative and prescribed conditions of approval within 12 months of the granting of the conditional use permit or the conditional use permit shall become void.Staff's recommendation number 26 is the same.The last one is planning and zoning condition number 25 is exactly the same as staff's recommendation number 27.A couple of them changed in wording and a couple of conditions were deleted.Staff had recommended 27, planning and zoning ended up with 25.They got rid of the condition regarding the conditional use permit not being transferable with the property and they got rid of condition number 1 regarding the 12' screening fence around the new activity area. Councilmember Rizzi asked if it is standard for when there is a transfer of property for the conditional use permit to go away and the new owner would have to reapply. Senior Planner Rudy Esquivias stated they borrowed that from the medical marijuana folks. There are a certain group of applicants that come to the council and planning and zoning.They know who they are and their faces.They can hear what their intentions are.But when a whole new group comes in, then they want to get to know those people, too.It was the same kind of idea with this condition. Councilmember Rizzi thanked him for going through all of them.It does not sound like there were that many changes between the recommendations from planning and zoning and staff.The councilmembers that commented on staff recommendations appear to be reasonable.She was concerned with the 8' wall being constructed of block.She does not know if that was a requirement or a suggestion. Senior Planner Rudy Esquivias stated it was a staff suggestion. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 65 OF 80 Councilmember Rizzi asked if it would matter that much to staff if that was not necessarily constructed of block but if it was a different material similar to the 12' western theme facade.The recommendation was a 12' western theme facade to go around the back side but then around Cortez an 8' block wall. Senior Planner Rudy Esquivias stated the 12' wall was to go around the bull riding arena and east. Councilmember Rizzi commented in her opinion is seems the 12' western façade would block the light a little bit better and it might even block the sound a little bit better due to the height. Mayor Serdy commented if they approve this they would have six months to get those walls built.He asked what would happen if they are not built by then. Senior Planner Rudy Esquivias stated they recommended six months. Mayor Serdy asked what happens if there are no funds and it cannot be built.He asked what happens to the agreement. Senior Planner Rudy Esquivias stated one of the conditions was that within one year staff would go back to the commission and basically give an update on what has been complied with and what has not.It would be up to the commission if they wanted to give him more time. Mayor Serdy commented it would not go backwards.He would not lose it.He just could not have a concert until the walls are up. Senior Planner Rudy Esquivias stated that sounds reasonable.They might want to specify that. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 66 OF 80 City Attorney Joel Stern stated they would have to put that in the motion on that condition.They would also have the right to revoke, too. Mayor Serdy asked they would have the right to do what. City Attorney Joel Stern stated the planning and zoning commission would have the right to revoke it because they did not meet the condition. Mayor Serdy commented another big difference was going back down to a 6' fence. Councilmember Rizzi commented going back down to 6' tries it out.Let us try this process out and add these conditions and a buffer to help protect some of the residents yet at the same time let him have events if he follows through with what these recommendations are.It is a compromise to her. Mayor Serdy commented if one of these is approved and he does not meet them they do not lose the bull riding.They continue to operate as they are now. City Attorney Joel Stern stated the conditional use permit could be revoked because, remember, the development agreement would be gone at that point. Once this is approved and it goes beyond all appeals, he would then bring the development agreement back for a termination. They would indeed lose the bull riding because it becomes part of the conditional use permit. Councilmember Rizzi asked if they would or they could. City Attorney Joel Stern stated they could. Councilmember Rizzi commented it sounds to her like the staff and planning and zoning commission were willing to have a compromise.They heard from both attorneys that they are willing to have a compromise.The REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 67 OF 80 whole goal was not to shut down the bull riding and business and run Mo out of town.The neighbors just want a little bit of relief.No wants to be able to have his events and bring some new things to the community.She thinks the council and community in general want that, too, but at the same time it sounded to her like it was a compromise with the provision of providing a buffer, which is reasonable.It does not sound to her like anybody was intentionally trying to' put a stop to this. It is not that it would be revoked, it just could be revoked. It would go to planning and zoning and they would look at the circumstances and make a decision based on the findings and the facts. City Attorney Joel Stern stated that is correct. Mayor Serdy commented several of them up here are business people.He does not have the funding in the summer that he does in the winter.They would have to come up with this funding over the summer to build some fairly expensive walls.That might be a difficult task. Vice Mayor Wilson commented in staff recommendation numbers 6 and 12 they are talking about the lights off in the area of the western town that should be off at 9 p.m. and in the newly defined eastern expansion area. He asked if those areas are the same. Senior Planner Rudy Esquivias stated the western town area is the area to the south of the Hitching Post that has the enclosure now.The newly defined east expansion area is basically that area east of the Hitching Post that has the corn hole, the gazebo, the water and the fire pits.They are two different areas.In the western town area they are recommending that concerts, wrestling shows or whatever the case may be end at 10 p.m. and be held certain times of the year.Lights off for any events held in the western town area by 9 p.m. and the activities in the newly defined east area end at 9 p.m. Sunday through Thursday and at 10 p.m. on Friday and Saturday including ambient music. Vice Mayor Wilson commented he wanted that clarified as Fridays and Saturdays as they were REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 68 OF 80 saying 10 p.m. and up here they were saying 9 p.m.He thought at first they were the same general area. Senior Planner Rudy Esquivias stated Mr. Bolick advised him he might have misstated commission recommendation number 7 and staff recommendation number 8, hours for bull riding under the conditional use permit.The hours for bull riding under the planning and zoning recommendation were 8 p.m. to 10 p.m. on Thursdays and Saturdays with junior rodeo events being held at the same time in place of the normal bull riding.It was basically derived from the development agreement.Staff's recommendation had been new hours for bull riding and shall be 7 p.m. to 9 p.m.Larry Kirch has mentioned possibly going a little earlier Thursdays and Saturdays and the other thing about the junior rodeo is the same.There is a difference in the hours. Councilmember Rizzi commented the only concern she had with that is if the event ends at 9 p.m. to cut the noise off at 9 p.m. from all of the recommendations for the different events, then for the lighting to be cut off at 9 p.m. it does not give them any time to clean up.She would be okay if they cut the noise at 9 p.m. and extend the lighting to 10 p.m. to give them time to round things up. Councilmember Barker agreed. Councilmember Rizzi commented they have read so much she is confused between 9 p.m. and 10 p.m. and which area. Senior Planner Rudy Esquivias stated planning and zoning condition number 7 related specifically to activities in the bull riding arena. Mayor Serdy commented there would be no Saturday morning juniors.That was one of the ones they requested to have.That would not be in here anywhere.He then closed the discussion with no further comments and called for a motion. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 69 OF 80 Councilmember Waldron MOVED THAT THE DECISION OF THE PLANNING AND ZONING COMMISSION MEMORIALIZED IN PLANNING AND ZONING COMMISSION RESOLUTION NO. CUP -9-17 BE MODIFIED WITH CHANGES TO SOME OF THE CONDITIONS BASED ON THE FOLLOWING FINDINGS: THAT PURSUANT TO APACHE JUNCTION CITY CODE, VOLUME II, SECTION 1-16-12(D)(3), THE USES COVERED BY THE CONDITIONAL USE PERMIT, THE MANNER OF ITS CONDUCT AND ANY STRUCTURE INVOLVED, WILL NOT BE DETRIMENTAL TO PERSONS RESIDING OR WORKING IN THE AREA, TO ADJACENT PROPERTY, TO THE NEIGHBORHOOD OR TO THE PUBLIC WELFARE IN GENERAL. THAT THIS FINDING IS BASED ON THE FOLLOWING FACTORS: NEGATIVE IMPACTS ARISING FROM THE EMISSION OF ODOR, DUST, GAS, NOISE, LIGHTING, VIBRATION, SMOKE, HEAT AND GLARE, THE APPLICANT HAS AGREED ON THE CONDITIONS FOR THE DUST CONTROL TO MINIMIZE THE DUST AND VARIOUS ITEMS COMING UP FROM THE GROUND; COMPATIBILITY WITH THE SURROUNDING USES AND STRUCTURES, THAT THE HITCHING POST IS IN B-1 ZONING AND THAT WAS NOT IN DISPUTE; CONFORMANCE WITH THE GENERAL PLAN, THAT THE HITCHING POST IS IN FACT IN COMPLIANCE WITH THE GENERAL PLAN, THAT WAS NOT IN DISPUTE; AND THE UNIQUE NATURE OF THE PROPERTY, USE AND/OR DEVELOPMENT'S PHYSICAL CHARACTERISTICS, THE APPLICANT HAS DEVELOPED THUS FAR WITH SOME VERY UNIQUE FEATURES. THAT THE APPLICANT HAS MET THE BURDEN OF PROOF ON EACH FACTOR MENTIONED UNDER FINDING B. THE FOLLOWING CONDITIONS OF APPROVAL OF THE RESOLUTION ARE MODIFIED AS FOLLOWS: THE 25 CONDITIONS OF APPROVAL ENFORCED BY THE PLANNING AND ZONING IN RESOLUTION NO. CUP -9-17 BE REPLACED AS FOLLOWS: WITH THE STAFF RECOMMENDED CONDITIONS OF APPROVAL DATED MARCH 27, 2018, ITEMS 1 THROUGH 27 WITH THE FOLLOWING CHANGES: REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 70 OF 80 THAT ITEM 1, WE ADD THAT A FENCE BE CONSTRUCTED ON THE NORTH SIDE OF THE HOUSE, THAT SECTION HE BELIEVES WOULD BE CONSIDERED THE NORTH SIDE; THAT ITEM 4, BE CHANGED TO HAVE IT WITHIN 6 MONTHS, THAT THE RESTROOM FACILITIES BE CONSTRUCTED WITHIN 6 MONTHS; THAT ITEM 5 ALSO BE 6 MONTHS, TO BRING THE LIGHTS INTO COMPLIANCE; AND THAT WE ADD CONDITION NUMBER 22, IF ANY CONDITION OF APPROVAL IS NOT MET IN THE TIME ALLOWED, THE PLANNING AND ZONING COMMISSION SHALL REVIEW THE CIRCUMSTANCES AND DETERMINE WHAT ACTION IS APPROPRIATE. I FURTHER MOVE THAT ALL OF MY PREVIOUSLY STATED FINDINGS/CONDITIONS BE INCLUDED IN A RESOLUTION DRAFTED BY THE CITY ATTORNEY, SIGNED BY THE MAYOR AND ATTESTED TO BY THE CITY CLERK AS SOON AS POSSIBLE IN THE COMING DAYS. Councilmember Evans SECONDED THE MOTION. Mayor Serdy asked if they could ask questions before they go to roll call. Vice Mayor Wilson commented he is saying that the one section of fence north of the house be put in.He asked what about the fence around the parking lot. Councilmember Barker commented that is already in there. Councilmember Waldron commented the one around the house was not in there. Councilmember Barker commented that little section. There was general discussion about the fence on the north side of the house and the fence along Cortez. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 71 OF 80 Vice Mayor Wilson commented he thought it was a 6' high chain link fence with the wood slats. Councilmember Barker commented that is an 8' block wall. Councilmember Struble commented they are looking at staff recommendations. Mayor Serdy commented they are talking about materials right now. Councilmember Rizzi commented staff recommendations were an 8' block wall. Senior Planner Rudy Esquivias showed where staff recommended an 8' block wall.He believed he heard Councilmember Waldron state the 12' western theme fence to also be constructed. Councilmember Barker commented as a block wall. Senior Planner Rudy Esquivias asked if they also wanted that to be a block wall. Councilmember Waldron commented the motion calls for it to be 12 feet.They could amend it to the 8' wall. Senior Planner Rudy Esquivias commented it will be an 8' block wall along Lost Dutchman, Cortez and the north section of the residence. Councilmember Waldron commented that is the way the motion was. Mayor Serdy commented but that is not a recommendation of staff. Senior Planner Rudy Esquivias stated it was not in our original recommendation. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 72 OF 80 Councilmember Barker commented that is why it was added now. City Attorney Joel Stern asked whoever made the motion needs to clarify the number. Councilmember Waldron asked if he wanted it clarified that it is a 12' wall or 8' wall. City Attorney Joel Stern stated that is correct. Councilmember Waldron commented it would be the 8' decorative block wall.He apologized for that. City Attorney Joel Stern asked where it would be located. Councilmember Waldron commented it will be on the north side of the property line where the house is.He is assuming that is the north. Senior Planner Rudy Esquivias stated that would be a change to staff recommendation number 2. He will insert that 8' block wall language into condition number 2. City Attorney Joel Stern asked how tall the wall is around Cortez. Councilmember Waldron commented that remains the same.That does not change.That is the only change to the fencing. Mayor Serdy commented he added 6 months.In 6 months he said planning and zoning shall review. Councilmember Waldron commented it just says if they are not completed in the time allowed.There is one that is a year and there are some that REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 73 OF 80 are 6 months that they would review it.The time frame is a method to determine the appropriate action. Councilmember Rizzi commented she is concerned with the 8' wall.She does not think it is going to be enough.It is going to be extremely expensive and we are going to find out that we really needed 12 feet.She is worried that if we go with an 8' block wall it will still be a problem. City Attorney Joel Stern stated it has been seconded.There has been one question by Mr. Wilson and he thinks there was a clarification on the conditions by Mr. Waldron.He thinks Ms. Rizzi also expressed an issue but did not necessarily make an amendment. Councilmember Rizzi asked if she could move to make an amendment. City Attorney Joel Stern stated she may. Councilmember Rizzi asked if they would have to vote on this first. City Attorney Joel Stern stated she would do an amendment. Mayor Serdy commented she would do the amendment first otherwise it is locked in. City Attorney Joel Stern stated that is correct. Councilmember Rizzi MOVED TO FOLLOW THE RECOMMENDATIONS WITH AN AMENDMENT ON CONDITION NUMBER TWO THAT EITHER THE 8' IF WE ARE GOING TO GO I HAVE THAT THE 8' BLOCK WALL IS NOT REQUIRED TO BE BLOCK, THAT A DIFFERENT MATERIAL COULD BE USED. Councilmember Barker commented no. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 74 OF 80 Mayor Serdy asked if there needs to be a second on these. City Attorney Joel Stern asked if it is a clear motion for an amendment to everybody. Vice Mayor Wilson asked if she meant she wanted a 12'decorative western facade on that instead of the block wall. Councilmember Rizzi MOVED TO CHANGE THAT FROM AN 8' BLOCK WALL WHERE THE BLUE IS ON THE CORTEZ SIDE TO A 12' WESTERN FAQADE. Mayor Serdy commented that is why they parked the motor home there because they all thought 12' would do it rather than 8 feet. Councilmember Barker commented it also needs to go around where the house is. Vice Mayor Wilson commented that is correct. Councilmember Rizzi commented she thinks that is reasonable.It is taller and she thinks it gives a better buffer but at the same time a block wall within 6 months during the summer hours is expensive.It is slow and she is a business owner as well. Councilmember Evans commented whether it is expensive or not, that is one of our normal conditions when commercial and residential are abutting each other, that it be a block wall. Councilmember Rizzi commented they are not out of compliance right now with what they have. Councilmember Evans commented but these are the changes. Councilmember Rizzi commented her reasoning behind changing the motion and amending number 2 REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 75 OF 80 to make it 12' is she is concerned that 8' is not going to be high enough.As a compromise to making it 12', she is asking that we not require it to be block. Councilmember Evans asked if a 12' block wall require engineered plans. Senior Planner Rudy Esquivias stated a 12' fence following the theme of the fence that is already there, which he believes fluctuates from 8' to 16', there already exists engineered plans for that fence.When that western fence was constructed they had to go through a building permit process and present engineering.The engineering already exists and has been approved. Councilmember Evans commented they could basically duplicate it. Senior Planner Rudy Esquivias stated that is correct. Mayor Serdy commented they could duplicate it around Cortez and the side. Senior Planner Rudy Esquivias they could basically duplicate it. stated that is correct. stated that is correct. Councilmember Evans asked if the wood would mitigate the noise as well as the block. Senior Planner Rudy Esquivias stated he is not a sound engineer.The block wall would probably mitigate the noise to some extent but not completely. Councilmember Rizzi asked if an 8' block wall would mitigate the lights.To her it is a compromise.Make the wall higher, keep it conforming with the rest of the wall and create that buffer. Mayor Serdy commented when they had the Blues and Brews inside the facade town it did seem to hold the noise in. REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 76 OF 80 City Attorney Joel Stern stated we need a motion to amend and a second. Vice Mayor Wilson SECONDED THE AMENDMENT. City Attorney Joel Stern stated they need to go back and talk about the motion again. Mayor Serdy commented they have Dave's original motion with the amendment by Christa. Councilmember Rizzi MOVED ON NUMBER TWO, THAT THE NUMBER TWO CONDITION BE AMENDED TO A 12 FOOT WESTERN FACADE WALL TO CONFORM ON THE BLUE LINE ON CORTEZ, TO CONTINUE AROUND ON THAT. Councilmember Waldron commented to make it easier for her, just CHANGE THE 8' DECORATIVE BLOCK WALL TO A 12' WOODEN WESTERN THEME WALL. Mayor Serdy commented and that has been seconded. City Attorney Joel Stern stated he does not know if it is seconded now. second it now. THE AMENDMENT. Mayor Serdy commented to Vice Mayor Wilson SECONDED City Attorney Joel Stern stated they would vote on the amendment first. Mayor Serdy called for a vote on the amendment. VOTE:6-1 (Councilmember Evans voted in opposition.) (During the vote Councilmember Evans commented she would like the block wall and with the trees that are going to be planted REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 77 OF 80 along there that will end up being taller than the 12' wall.It has to have better sound mitigation.) (During the vote Councilmember Barker commented she has a concern about closing it in like that with 12' of wall.) The amendment motion carried. Mayor Serdy called for a vote on the original motion. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Mayor Serdy called for a motion. Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 6:00 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JUNE 4, 2018, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 6:00 P.M. BE HELD ON TUESDAY, JUNE 5, 2018, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 78 OF 80 Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding his belief the conditional use permit belonging in court and the city giving away mental health funds. ADJOURNMENT )Mayor Serdy adjourned the meeting at 11:52 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of May 1, 2018. 3. Presentation, discussion and consideration of proposed Resolution No. 18-19 committing local funds as leverage for the Fiscal Year 2017 State Special Project grant application. 4. Consideration of proposed Resolution No. 18-20, authorizing the city manager to execute a loan agreement with Apache Junction Villas, LLC, regarding the 52 unit low income housing tax credit townhome project at the southeast corner \ of San Marcos Drive and Tepee Street. ACCEPTED THIS .3';7j DAY OF /'7/ , , Z -2018, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 6177-DAY OF , 2018. JEFF/MRDY Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 79 OF 80 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 15th day of May, 2018.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of June, 2018. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 15, 2018 PAGE 80 OF 80