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HomeMy WebLinkAbout2016-09-20 City Council Regular MinutesCITY COUNCIL REGULAR MEETING September 20, 2016 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on September 20, 2016, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7:00 p.m. INVOCATION Councilmember Serdy gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Others Present: City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Presiding Magistrate James Hazel Assistant Planner Stephanie Bubenheim Public Information Officer Al Bravo Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 1 OF 31 ACCEPTANCE OF CONSENT AGENDA )Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND LOGICALIS, INC. FOR MUNICIPAL COURTROOM AUDIO/VISUAL UPGRADES THROUGH STATE PROCUREMENT CONTRACT #ADSP012-032692 IN THE AMOUNT OF $81,499.41 OF WHICH $40,000 HAS BEEN BUDGETED IN FISCAL YEAR 2016-2017 AND THE REMAINING COST WILL BE PAID FROM COURT IMPROVEMENT ACCOUNTS OF THE APACHE JUNCTION MUNICIPAL COURT; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT WE MOVE ITEM NUMBER 9 TO FOLLOW ITEM NO. 7. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker announced she attended a Greater Phoenix Economic Council event this morning where they gave the Greater Phoenix Housing Report.They talked about how housing is selling and renting for all home styles.It all impacts us and how we build here. Councilmember Evans announced the farmers' market will start Saturday, October 1 at Earth Heart Park and will be on the first Saturday of every month through March.There is no charge for vendors and they recently received a grant for solar lights so they can have things in the evening.They started planting the vegetable beds last weekend. Councilmember Serdy announced he, Councilmember Rizzi and the mayor went to the groundbreaking ceremony at Gateway. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 2 OF 31 Mayor Insalaco commented an old runway will be completely redone.It was built in 1942.Everyone got a chunk of the concrete as it is historical.It is a $10 million project with the Federal Aviation Authority and the government paying for most of it. CITY MANAGER'S REPORT City Manager Bryant Powell commented on a neighborhood open house being put on by Republic Services. Mr. Darron Anglin from Superstition Mountains Community Facilities District No. 1 gave a presentation on the West Aeration Basin project. City Manager Bryant Powell asked how old the district is. Mr. Darron Anglin stated they started construction in 1992 and it was completed in 1996.They have been in operation for just a little over 20 years. Councilmember Evans asked approximately how much longer they expect the landfill to last. Mr. Darron Anglin stated 20 years. Councilmember Evans commented another 20 years. Mr. Darron Anglin stated they hope for much longer. City Manager Bryant Powell thanked him for the presentation.It is a huge investment.The city continues to look towards being able to maintain the public safety as we keep nitrates and those types of chemicals out.He does not know if he wants to mention how much that helps and how in the long term they have to think about that precious water resource and how it connects to the environment.He asked how close they are for the purple pipe. Mr. Darron Anglin stated it depends on the development of the city.When that starts they will have more data available for everyone.They are excited to be a part of the community and provide a public service for everyone. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 3 OF 31 PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR BLACK AND GOLD APACHE JUNCTION BOYS AND GIRLS YOUTH FOOTBALL LEAGUE )City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. William Whitlow, 2251 S. Del Rio, Apache Junction, addressed the council.He passed a flyer around for the council to look at.The event is called Greased Lightning.They will have seven bands that play the 50s style of music, or Rockabilly.It is a family event with the kids free and $7 for adults.They will also have a car show and bike show.They will have a pin-up pageant for the girls with their curly hair.They are currently getting trophies welded from cars for the car and bike show.Two clocks have been made for the girls.The money generated from the liquor license and admission fees will go to Black and Gold.The money generated from the shows will go to pay for the trophies.They will have gift bags.There will be sashes for the girls and they will change outfits three times.The last one he did was at the Museum Club in Flagstaff.He had a night club there for many years.He still kept doing the event after he closed the night club down.They will see all the pictures on Facebook from previous events.He was glad to get Cami to help out.She is going to have the firefighters and Black and Gold volunteers spaced at different places to handle the money.All the money will go to charity. Vice Mayor Barker asked what time it will start. Mr. William Whitlow stated it will start at 9:00 a.m. and ends at 6:00 p.m. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing on the item and reopened the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 4 OF 31 item to council discussion.There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR BLACK AND GOLD APACHE JUNCTION BOYS AND GIRLS YOUTH FOOTBALL LEAGUE FOR OCTOBER 2, 2016, SUBMITTED BY WILLIAM WHITLOW, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR A RANCH RODEO ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for the applicant to address the council. Mr. Michael Cowan, 17844 E. Picana Court, Gold Canyon, addressed the council.He stated this is their third year and it gets better every year.Last year they raised over $8,700.This year may be over $10,000. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR OCTOBER 16, 2016, SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 RAGE 5 OF 31 Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. DISCUSSION ON ALL MATTERS INVOLVING THE OPERATION, TO INCLUDE THE SPECIAL EVENT PROCESS, THE DEVELOPMENT AGREEMENTS, NEEDED AMENDMENTS IF THE PLAN WAS TO MAKE THE USE PERMANENT, THE CONDITIONAL USE PERMIT PROCESS AND PAST CONDITIONAL USE PERMIT ATTEMPTS OF THE HITCHING POST, LLC )Development Services Director Larry Kirch briefed the council on the item. Councilmember Rizzi asked if there is any access on the back side of the property. Development Services Director Larry Kirch stated there is no access.There is only the driveway for the home.He continued with his briefing. Mayor Insalaco opened the public hearing on the item. Ms. Carol Bailey, 2420 W. 5th Avenue, Apache Junction, addressed the council.She stated a man spoke last night about a concern of someone carrying a drink from one parking lot to another.She suggested they have a guard to check them as they leave.Her main concern is the noise.There is a great noise factor.The man never addressed that problem at all.She suggested they enclose the arena to keep the noise inside. Ms. Trish Hannah, 539 S. Hobson, Mesa, addressed the council.She has worked for Hitching Post for 4 years and watched it grow from nothing to one that hosts events and benefits the community.The events REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 6 OF 31 end before dark.They have had no violence.The guests come from all over and spend money in the city.Half the time the money from events goes to a charity, including fallen officers. She does not feel they are disturbing anyone by events ending before 6 p.m. or 7 p.m.They get to hear 3 hours of country legends versus what it does not bring to the community. Mayor Insalaco commented this is not for the liquor license.If someone wants to comment on that it will be on the other item. Ms. Cindy Nuttal, 885 N. Vista, Apache Junction, addressed the council.She and her husband have lived in their home for 18 years, a little over one block south of Filly's.They are there to support their neighbors who live in close proximity to the Hitching Post.She hears the music of Filly's when they have outside entertainment and their neighbors will be greatly affected from the six proposed events at the Hitching Post.They respect the business owner and his proposed plans, but it is in an area where it will interfere with the peace and quiet of a considerable number of people in the neighborhood.They oppose having outside music events at the Hitching Post. Mr. James Garcia, 1735 N. Wickiup, Apache Junction, addressed the council.He lives approximately 1,900 feet from the Hitching Post.He has lived there for 15 years having to put up with loud music from Filly's.They had to install double pane windows in order to have a quiet evening inside the home.They could not sit outside and enjoy it.They are now being further assaulted by the PA system at the Hitching Post.They hear every word of the emcee until when it stops.It does not stop at sundown.They had a special event at the Hitching Post in November.During the event the bass was so loud it cut through the block walls of their house like a hot knife through butter.They have to suffer through that noise even inside the house.Now the Hitching Post is asking for a permanent extension of premises for a parking lot to be used as an event center numerous times during the year.It is nothing more than an erosion of their right to privacy and freedom to enjoy their evenings by the noise and music of businesses at their expense.He requested they not approve the extension. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 7 OF 31 Mayor Insalaco commented he will hold the rest of them off until the next item where they can speak on both things.He closed the public hearing and reopened the item to council discussion.There being no further discussion, he closed the item as this was a public hearing only with no action to be taken and moved on to item number 8. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST, LLC City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Mehmood Mohiuddin, 2304 N. Cortez, Apache Junction, addressed the council.He has applied for a permanent extension from the liquor board.He has been coming 6 or 7 times, collecting these all the time and requesting for that one.It is best to apply for permanent extension.The last time he was here Mr. David Bowling, who lives 1.4 miles from his location, approached him outside and said he has a great attitude and he is willing to work with the neighbors.He would like to sit down and discuss it with him. He waited about two weeks and he had not heard from him.He went to his house to explain to him how they could make it work. He has a sound system that he just wants to test out.They are not there to bother the neighbors.They built walls in the back side directing the noise to the Bureau of Land Management land. If there is an issue with the noise he wants to be contacted. They will be willing to work with it.If they do not want to come to the house, come and see him at the Hitching Post and he will give them a free ticket to enjoy it.They are just trying to raise money for everybody and have a successful business. The only reason why they are applying for this extension of premises is to do small events and generate money for the city. People come from all over the United States.They rent the hotel rooms and they go to breakfast at different locations.It is becoming a popular spot in Apache Junction.People know Apache Junction is here and they come from all over from different locations.That is the reason they apply for the extension of premises.It is now in their hands and he will let REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 8 OF 31 them think about what is better for Apache Junction.He is willing to work with his neighbors.If they have any questions or concerns he will sit down with them and discuss whatever needs to be done to make them comfortable.His doors are open 24/7 for his neighbors.When people need charity work they come to see him.We need this one.A bicycle was stolen from the high school and they raise the money for the bicycle.When people have their computer broken down or their water heater broken down they come see him for help.This morning a lady came in and said her husband got laid off from his job.They do not have money for anything except the rent.He asked for their address and brought them some groceries.He is willing to give them groceries for one month for them and for the neighborhood. That is what they are trying to do over there; to help the community and work with the local people.This week he had a meeting with someone from Community Alliance Against Family Abuse that needed help.Their next event will be a fundraiser for Community Alliance Against Family Abuse.They are there to do that kind of stuff.They will bring the people from out of town and stop the tourism over here before they go to other locations.He wants to bring more tourism and more events to raise the money for charity and help the community. Mayor Insalaco opened the public hearing on the item. Ms. Ann Chapman, 2275 N. Acacia, Apache Junction, addressed the council.She lives two- tenths of a mile west of the Hitching Post and has lived there for 19 years.Last year she had breast surgery and was recovering from radiation treatments at home.She was in pain and so tired it was hard to move from the bed to the sofa.The weather was nice and she opened the windows until Thursday and Saturdays.The first time she heard the air horn and screaming she rolled her eyes and remembered it was bull riding night. She had to close the house up and turn up the television.They have been putting up with it for a while.As time went by she was still feeling awful and praying she would get her energy back and she would hear the air horns again.She thought it was her fault because she had the house open.She would slam the doors and close the windows and feel bad for blaming herself. That is what pain does to you.It makes you think silly things. She was blaming herself because her peace and quiet was being REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 9 OF 31 disturbed by Hitching Post and their bull riding.It is just not right.Everybody's homes in the area should be their sanctuary.A place to go for healing and to have peace and quiet any time of day.We already give up Thursdays and Saturdays.She travels for work and has not been here for the last few meetings.It is not a comfortable situation.They do not know what is going on inside peoples' homes, who may be healing and who may be reading.She asked the council not to have them suffer with six events even in daylight or just for six hours.And yes, she can hear the noise.When the concerts are going on her windows rattle.She thanked them for considering denial. Mr. Jim Duncan, 2745 E. Smoketree, Apache Junction, addressed the council.He thanked the city council and city staff for all their hard work and dedication to service.The residents appreciate them.He has noticed changes with the Hitching Post over the years.He can hear the announcer and crowds cheering during the bull riding events from his front porch.His property is less than one-half mile from there and the surrounding area is open so sound travels.He became concerned with the outdoor activity expansion of the Hitching Post as it is so closely tucked in without residential zoning.He kept asking himself if the past events were just one-time neighbor events that they do have in their neighborhood.Most residents think the same way.After 20 hours of research on the city website he became very upset on how this had turned out.He blames himself for not getting involved earlier.What started as a simple add-on expansion in 2009, an absolutely beautiful building, is now trying to become an extremely large outdoor event entertainment venue with multiple outdoor liquor consumption locations.Tonight they are asking the city council to expand liquor into the parking lot. The proposed plan states they will not use the parking lot for liquor unless there is an event.That is not what the agenda item states.It is an application for a permanent extension of premises.It does not state only a few times a year, and only when they close the gates and the Hitching Post is closed.He does not know how they can have an extension of business when the business is closed.The vacant land plot is not even part of the business.He heard a councilmember say last night he does not know why they are voting on this extension as the state is going to do what they want.He was very disturbed about that REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 10 OF 31 comment.He called the liquor board and spoke to someone named Adam.He stated they do not approve something that was sent to them without the local body's authority.It would not make any sense for them to do.The traffic has been a problem, too.He requested they not approve the request. Ms. Karen Evans, 214 N. Hilton, Apache Junction, addressed the council.She agreed with the woman who had the 8 weeks of chemotherapy and radiation treatment.She suggested the woman come to the Hitching Post and experience what is going on there.The people care about each other as a family.It may be something pleasant instead of something to get upset about and shut the windows. Mr. James Johnson, 2319 N. Cortez, Apache Junction, addressed the council.He stated he is in front of them over the same type of issue with the Hitching Post that they had a year ago.He is the spokesperson for the four residences immediately east of the Hitching Post.They appealed the conditional use permit and the owner withdrew the application prior to ever talking to any of them about the possibilities or what could be done to make it happen.The furthest residence south is empty and for sale.It has been for sale for some time.He is aware of only one couple that came to look at this house but when they heard about the noise from the Hitching Post they lost interest.The other two homeowners could not be here due to one having major surgery and the other homeowners being over 85 years old.He requested they deny this request on the same grounds as the one last year.It has crimped their lifestyle so bad they do not know if that house will ever be sold.Theirs will probably go the same way.He does not need to be invited over there as someone said earlier because he hears it alright from his house.He asked if they would still think the same if they lived in that community. They can go home to peace and quiet.He is at home and hears it seven days a week especially on the bull riding days.It would interfere even more so if they were allowed to continue and expand.He sees in the future that they will take a little bit and then take a little bit more.He asked how much they will allow those people to do out there. Ms. Debra Abbott, 1455 N. Tomahawk, Apache Junction, addressed the council.She stated REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 RAGE 11 OF 31 she spoke to the council last year about the noise issue at Filly's Bar.She lives a quarter mile from there.She is here to support her neighbors in the area with regard to the issues with the Hitching Post as she suffers from the issues with Filly's.She is a cancer survivor as well and they bought a house with a roof that they could go up on top of for meditation and relaxation.She cannot do that on weekends because of noise from Filly's and the Hitching Post.It continues to rattle their windows and they have to shut the house up.They have to turn the television volume up because they can still hear the noise above the television even with the windows closed.She had asked neighbors if they had known about the noise issues at the two locations before they bought their properties if they would still have bought those properties and all fourteen said no.They were not informed and neither was she about the noise issues.She has one neighbor that is selling their house.A realtor was doing a final walkthrough with the people purchasing the house when an event started up at the Hitching Post.They heard the noise and the purchasers withdrew their offer.The people lost the sale of the property because of the noise. These issues are affecting their peace and tranquility, health issues and property sales.The last thing she wants to do while recovering is go and mingle with hundreds of people and listen to loud noise.She wants the peace of her own home, not what somebody else wanted to do.She asked them to consider their rights to peace and quiet.They do not know what is going on in individual lives and what they are going through.People that want to go to loud events can go to those enclosed in an arena where it does not disturb others.She asked them to deny the request. Ms. Diana LeClaire, 2521 E. Windsong, Apache Junction, addressed the council.She stated they are not really talking about adding six events.As neighbors they get to experience 104 events with the twice- weekly bull riding.Technically they are talking about 110 events with their noise.She asked that they put themselves in their shoes.You finish working and come home after work to sit on your patio for dinner, relax and watch the sunset.Instead you clearly hear the PA system with someone saying they want to party all night and rock and roll all day.Her personal favorite is "Let's make some noise for Travis".The crowd complies.More events will increase the noise, the traffic and REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 12 OF 31 the lack of personal quiet they used to enjoy when they built their homes years ago.That noise is bothersome.They hear it outdoors and indoors.Adding alcohol to an extended area is a recipe for disaster.As Jim stated earlier, when a patron of the Hitching Post has had their fill for the evening, they can go home to peace and quiet.We are home and it is bothersome. She asked they deny the request. Ms. Terry Simpson, 237 S. Belair, Apache Junction, addressed the council.She stated she and her kids go there every Thursday and Saturday as a family. The noise is only until 9:30 p.m.The children get to interact and have fun with their parents.Her son got to ride a sheep for the first time and he would not have been able to do that elsewhere.The noise stops before 10 p.m.She is sorry that those people have to sit and hear it but the council voted on this many years ago.The council let this happen.This is a place families can enjoy.This is for the kids.They cannot get mad for the noise complaints when they voted for it.Her kids enjoy going to pet the bulls, see and ride the sheep.It is not just a bar or party thing those nights.They are required by state law to be done by 10 p.m. and they actually stop at 9:30 p.m.The noise complaint should be nothing because this is about family. Ms. Cindy Bowling, 1310 N. Starr Road, Apache Junction, addressed the council.She stated they moved into their home in 2008.They moved to enjoy the scenery and quietness.They are concerned about what the owner of the Hitching Post would like to do with his business.Last November when the Bellamy Brothers played she was amazed at how unusually loud the music was as it carried to their house 1.4 miles away.She believed this event was to be for fallen officers.She finds that admirable along with other things he has done for others and how he wants to increase business to Apache Junction.Those things are not the issue, which is the increased noise and sound from these events that have an effect on the residents in the area.Some neighbors go to the Hitching Post and enjoy and others do not hear the noise.She wondered if they would be saying something different if they lived right next to it.The people near the Hitching Post would like to enjoy the quiet like the rest of them.She is concerned with what is next if these issues are not addressed now and the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 13 OF 31 Hitching Post is allowed to move along with their goals for their business.She wondered what it would take before the neighborhood realizes there are issues here that affect everyone but by then it could be too late. Mr. David Bowling, 1310 N. Starr Road, Apache Junction, addressed the council.He stated he had a meeting with paid legal council yesterday where he received a legal opinion.That opinion states "That it sounds highly unusual that a city council would approve such a business expansion with the intentions of outside music concerts in immediate proximity to a residential zone where the commercial land parcels existed prior to creation of the residential zone immediately abutting it or them.That prior condition confers no implied validity or special treatment towards future business expansions.Change in any future use of the property when the residential zone was created must necessarily confer unequal weight to the wishes of those most affected by the changes concerning their quality of life and possibly property values if that can be quantified.In this case that would probably be viewed by superior court judge as an impact issue to the residents living nearest the commercial business rather than patrons and business owners alone, and therefore treated procedurally as a variance".In Apache Junction a variance requires written burden of proof from the applicant of 100% consent of immediately abutting owners and 50% of those within the required distance.Another legal opinion from the same attorney in addressing the payment of back taxes which are owed by Mo states "if this were in Mesa or Phoenix where most of our cases are heard, payment of back taxes to a city, county or state would almost certainly be viewed as a prerequisite to approval of business expansion since in the intention to expand the business he refutes by his own action any such claim that he cannot pay his tax obligation".He is not Patrick Henry or William Jennings Bryant or Daniel Webster, all great orators, but there are principles underlying this case which are foundational to our nation's most cherished documents.He asked the council to indulge him while he quoted from the Declaration of Independence:"We hold these truths to be self-evident that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.That to secure these rights governments are instituted among men deriving their REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 14 OF 31 just powers from the consent of the governed.That whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to affect their safety and happiness".He asked what the phrase "pursuit of happiness" really means and how it applies to this case.The generic definition from the dictionary states the pursuit of happiness is defined as a fundamental right mentioned in the Declaration of Independence.To freely pursue joy and live life in a way that makes you happy as long as you do not do anything illegal or violate the rights of others.The legal definition from Webster's Legal Dictionary is an inalienable right enumerated in the Declaration of Independence, in addition to life and liberty, the right to pursue any legal activity as long as it does not infringe upon the rights of others.Inalienable means unable to be taken away from or given away by the possessor.It is non-negotiable.Something that cannot be taken away by a government or another legal power. This is not just an issue about egress, ingress, gates, numbers of events, dirt parking lots, traffic control and liquor licenses.The council has heard from many tonight how outside music events so negatively affect the lives of residences in the RS -54 district.They are looking at just some of the people and the spread of areas. Councilmember Rizzi commented the taxes, it is unbelievable.She could not believe that comment. Mr. John Hetzel, 31616 N. Mildred, Queen Creek, owner of Spear J Cattle Company which provides the bull riding for the Hitching Post, stated everybody is coming up here and commenting on how they are against things. Mo and Tina try to help people in any way they can.He put on an event to raise money for people whose homes have caught on fire.He raised money for a kid who had his bicycle stolen. These events are trying to help people who need it.That is all they care about and are trying to do.A lady was saying she could hear the bull riding buzzer a quarter of a mile away.He stated you cannot hear that buzzer from 500 feet away from the arena and that is more than that.If anyone disagrees with that they can come over and he will sound the buzzer off.This is REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 15 OF 31 nitpicking stuff to try to stop this.The Bellamy Brothers concert was over with well before the time limit.It was over with before he showed up with the animals for the bull riding that night.Everything is done within the allotted time limit. Almost every city has it until 10 p.m. before things have to be shut down.They are usually done about 9:30 p.m.He believes they were over the time limit by 4 minutes one time.He asked them to consider the people who need something and need assistance and what has been done to help those people. Mr. Frank Schoenbeck, 525 E. Fred, Apache Junction, addressed the council.He stated this is a tough one as two things need to happen.The neighbors need to have some peace and Mo should be able to run his business and serve the community.The bull riding is in.They are talking about six events that make a lot of noise, as does the bull riding.The events end earlier than the bull riding.Mo being a reasonable man might want to consider trading some nights of bull riding in exchange for the special events.That would maintain the same level of noise they are already committed to and possibly reducing it a little bit while still having the events.It is a compromise that would give both parties something. Mr. Matthew Bell, 5101 E. Junction, Apache Junction, addressed the council.He stated he has lived here for almost 37 years, growing up here.He doubts most people here can remember when Kovac's Korner was across the street and the craziness that would come from that bar as well as Filly's.In the time that Kovac's has closed to the time that the Hitching Post has opened we had new residents move in near already commercially -zoned land.They never expected that land to be developed.Mo has done a great job.He goes there at least once a month.He sees the potential of over a thousand people going there in a month.The revenue it brings in is insane.He has never seen a bar owner in this town more committed to helping the community around them more than Mo.He has never met a business owner in this community that has been more committed to helping the people around him more than Mo. He urged them to vote for his having the six events for three hours.That is 18 hours out of a year that they are asking for special use of this land.For anyone who has moved into REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 16 OF 31 existing commercially -zoned land to not think the land would never be used is not fair to Mo and what he is trying to do. Mayor Insalaco closed the public hearing with no one else wishing to speak.He reopened the item to council discussion. Councilmember Waldron commented no one is arguing about the events that Mo wants to hold.People have to understand that this is a permanent extension.In between events they could serve liquor in that parking lot.People could walk out there and drink legally in that parking lot in between events.That is the concern that he has.It would be that they could serve alcohol all year long out there.No one is arguing with the special events.There is a mechanism to do that and he encourages that.What they have to consider is a permanent extension that would allow for drinking out there in between these events, these organized events.That is the big issue to him. Councilmember Serdy commented he agreed with Mr. Schoenbeck that most of the complaints are against the rodeo and it is already there.It is going to stay. It is a tough decision and the last speaker made a lot of sense on the 18 hours.They are over very early.He wanted everybody to consider that. Vice Mayor Barker commented she wanted to reiterate what Councilmember Waldron said.This issue is not about bull riding.It is not about events, or noise nor the unquestionable kindness of Mo.This issue is one thing; an extension of premises on a permanent basis.The word permanent is the problem.They can put up a hundred signs that say no alcohol beyond this point but, unfortunately, if this is passed and because it is passed, they can legally take it out there.It does not matter what one says.That is the problem. It is not any of the other things that have been discussed. Councilmember Evans commented she agrees with that statement exactly.When we first met on this a few weeks ago there was not a designated place for the extension of premises.With this meeting we received a map clearly identifying a certain parcel that not only allows REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 17 OF 31 alcohol to be served out there all day and all night whenever they are open, but it is also right next to Highway 88.This is not about the noise, it is not about events themselves.It is just about the liquor license.That is a huge liability.We do not, nor have we ever in the past that she has any recollection of, granted a permanent extension liquor license for anything similar.It is like letting the Mirage to serve liquor in the Ace parking lot forever.That is exactly what they are asking. This application would permanently allow that whether there is a special event or not.She just has a huge safety issue for our citizens.It has nothing to do with the bull riding.Mo says this is only for six events a year and that may be his plan, but according to the liquor control board if the council allows this anybody at any time could be drinking in the parking lot.That is the fact they have to deal with. Councilmember Wilson commented it is a hard decision to wrestle with.He has no problem with doing the six events and the aspect of trying to work with the community in trying to control the noise and everything.They could try it out and work with it.He understands there is a process that can be done and be done fairly easily at very little cost involved at all to do an event application along with an extension of premises for that event. His dilemma in making this permanent is because it is an extension in an area that for 365 days a year when he is only talking 6 events they are talking about 359 days that it is not being used for alcohol.But that is open and it can occur. Councilmember Rizzi asked if the state can override and approve the council recommendation if they denied the permanent extension. City Attorney Joel Stern stated they can. Councilmember Rizzi asked if he knows if that has happened very often. City Attorney Joel Stern stated he -does not know if -that happens On regular first time licenses theyset a hearing when a council .votes for a REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 18 OF 31 recommendation of denial.The council is notified of the hearing and councilmembers can testify before the hearing. Councilmember Rizzi asked if the state would generally follow the council recommendation. City Attorney Joel Stern stated for a first time license it depends.It depends on the kind of testimony that shows up.There is a legend in the alcohol law named Mr. Lewkowitz and he is very persuasive.He has been at hearings where he is amazing.He believes he represented someone here once.It depends who they get as their attorney, who the witnesses are and who is on the board.For something like this, when it was denied, when the conditional use permit was denied, it went to an attorney there and they were not going to consider it until they felt it was appropriate.Eventually it was approved for a permanent extension. City Clerk Kathleen Connelly stated that was a permanent extension of premises for the bull riding.The way the city found out about it was that the city got a complaint that there was alcohol being served and used in the bull riding area.The city had not heard from the state at that point in time.In checking with the state they said that their inspector had come out and approved it.She understands that somebody at liquor licenses and control is now saying that never happened but, if, in fact, it never happened, then he has the potential of illegal activity of alcohol being in an area that was not approved. Mayor Insalaco commented like a few people have attested to, the council does have a tough job.Everybody knows that the city lives on sales tax so we need the business to flourish.But then they have to remember their real business is taking care of the residents of this city.That is what they are there for.They have to protect the residents.They are not a business and they are here to protect the residents above everything.He called for a motion. City Clerk Kathleen Connelly stated as she stated previously, there are two other options and she has no idea which direction they are headed.A lot of the REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 19 OF 31 events that have taken place there previously, such as the Bellamy Brothers, were done in conjunction with a nonprofit organization and they applied for what is called a special event liquor license.If these events are not done in conjunction with a qualifying organization, then Mr. Mohiuddin could apply for what the state considers a temporary extension of premises for each and every event.That might give you some test cases but it will give them the opportunity to see how things work. If they are going to do that, they might want to include that as part of the motion. Vice Mayor Barker commented they need to include the parking lot as part of the reason. City Attorney Joel Stern stated whoever makes the motion, yes or no, either way, state the reasons why because what will happen is this will be sent to the liquor board with the reasons. Vice Mayor Barker asked why they would include that in a motion. City Clerk Kathleen Connelly stated they could suggest that the applicant seek the opportunity for a temporary extension of premises. Vice Mayor Barker commented she hoped the applicant sees that possibility but she thinks she sees where she is going. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE FOLLOWING REASONS: THAT THE PARCEL DESIGNATED FOR THIS EXTENSION, PARCEL NUMBER 100-25-003, IS DESIGNATED AS A PARKING LOT AND WILL BE USED AS SUCH FOR THE MAJORITY OF TIME, AND PERMANENT EXTENSION OF REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 20 OF 31 PREMISES WOULD ALLOW, TO MAKE IT LEGAL TO HAVE ALCOHOL IN THAT AREA; ALSO BASED ON THE RECOMMENDATION FROM CAPTAIN TROY MULLENDER OF THE APACHE JUNCTION P.D. THERE IS A POSSIBILITY THAT INGRESS/EGRESS INTO THE REAR PARKING LOT LOCATED OFF OF LOST DUTCHMAN MAY CREATE A TRAFFIC HAZARD; AND I WOULD THINK IT WOULD BE A GOOD SUGGESTION FOR THE APPLICANT TO CONSIDER DOING A TEMPORARY LIQUOR LICENSE AND A SPECIAL EVENT PERMIT SEVERAL TIMES AND LET US SEE HOW THAT WORKS OUT, SEE HOW THAT CONTROLS IT. Councilmember Evans SECONDED THE MOTION. VOTE:6-1 (Councilmember Serdy voted in opposition.) (Councilmember Rizzi commented during the vote that she would like to see the applicant try the process out, see how it works and try to work it out with the neighbors.We are definitely for these events, we know that Mo is always helping the people in the community.) (Councilmember Wilson commented during the vote that he is going to preface it with the aspect that number one, we encourage that we work with him in doing the six events as a special use and go that route instead of the permanent.) (Vice Mayor Barker commented during the vote that she greatly admires Mo's desire to help the citizens of this community.She is hopeful that he will continue to pursue something that will be amenable to those around him as well as to the charities that he helps to support.) (Councilmember Serdy commented during the vote that we denied the extension for the arena, he was able to get it and there have been no problems.They have a lot of security up there, they do not let them out the door.) The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 21 OF 31 Mayor Insalaco called for a five minute break. Mayor Insalaco reconvened the meeting. ORDINANCE No. 1436, CASE PZ-9-16, CITY -INITIATED CORRECTIVE REZONING FOR A 0.28 ACRE PROPERTY AT 1081 S. MERIDIAN FROM MEDIUM/HIGH DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED TO GENERAL COMMERCIAL ZONE )Assistant Planner Stephanie Bubenheim briefed the council on the item. Vice Mayor Barker asked how many of these there are. Assistant Planner Stephanie Bubenheim stated they appear as someone calls and questions them.This one came up because the owners are wanting to sell the property.The realtor called and asked what zoning it had. It was inadvertently placed in the wrong grouping. Mayor Insalaco opened the public hearing on the item.There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion.There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1436 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 22 OF 31 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Waldron MOVED THAT ORDINANCE NO. 1436, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS/REAPPOINTMENTS TO THE BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION a motion for the Board of Adjustment. Mayor Insalaco called for Councilmember Waldron MOVED THAT CHESTER BURGESS BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Waldron MOVED THAT FRANK SCHOENBECK BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2019. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 23 OF 31 Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented there are five positions for the Library Board:two vacancies and three term expirations. Councilmember Evans MOVED THAT JUDY BOREY BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Evans MOVED THAT TESS NESSER BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Evans MOVED THAT WILLIE HOWARD BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 24 OF 31 Councilmember Evans MOVED THAT SAMUEL GRAVES BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2018. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Insalaco commented they have two positions for the Parks and Recreation Commission. City Clerk Kathleen Connelly stated they have one more for the library board. Mayor Insalaco commented they do not have any more applicants.There is a vacancy. Vice Mayor Barker MOVED THAT HEATHER MOELLER BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Evans MOVED THAT NANCY BURGESS BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Waldron SECONDED THE MOTION. VOTE:Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 25 OF 31 Mayor Insalaco commented they have two positions for the Planning and Zoning Commission. Vice Mayor Barker MOVED THAT MIKE MCGRAW BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2019. Councilmember Waldron SECONDED THE MOTION. VOTE:5-2 (Councilmembers Rizzi and Serdy voted in opposition.) (During the vote Councilmember Rizzi commented she had someone else in mind.It is nothing personal.) The motion carried. Councilmember Evans MOVED THAT ROBERT SCHROEDER BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31 2019. Councilmember Wilson SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Councilmember Rizzi thanked everyone for putting in their applications.They appreciate everyone that is willing to serve on the boards.It takes a lot of time and none of these are paid positions. DIRECTION TO STAFF CHANGES TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4 FEES, ARTICLE 4-7 PUBLIC SAFETY, SECTION 4-7-1 PUBLIC SAFETY FEE SCHEDULE, SUBSECTION J SECURITY ALARM PERMIT FEES REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 26 OF 31 )Captain Arnold Freeman briefed the council on the item. Vice Mayor Barker commented he is basically saying he wants them to say yea or nay on the proposal made last night. Captain Arnold Freeman stated he thought they might have some suggestions.He has his crack legal team with him and is ready to copy. Mayor Insalaco called for a motion. City Clerk Kathleen Connelly stated if these ordinance include fees they fall under the statute that requires there be a 60 day minimum lead time.A new component of the statute, going into effect last month, in addition to the public notice requires a report posted not just on the city website but on any city social media site.Part of the motion has to include the time frame in which you bring back this ordinance.It has to be at least 60 days from now. Councilmember Waldron asked if the last part of the proposed motion takes care of that. City Clerk Kathleen Connelly stated that will take care of the requirement that we do the posting and the report but they need to set a date.The one caution she has is that if they are not sure what they want the ordinance to say and if they bring it back contrary to your desires and you want to amend it, we have to start the process all over again. City Attorney Joel Stern stated he calculated out the first available date and that is November 21 assuming it goes on the internet fairly quickly. City Clerk Kathleen Connelly stated she does not think that is a council meeting date. City Attorney Joel Stern stated he is saying that is the 60 days.The next council REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 27 OF 31 meeting, the first one possible that they can do, would be December 6.If they do not want to do it then, they would go into January. City Clerk Kathleen Connelly stated that presumes that the public notice and the report is ready for posting tomorrow. Captain Arnold Freeman stated he would like to suggest January 17.That way they can get through the holidays and get the proper postings out and give people plenty of time to come into compliance. The council consensus was in agreement with the January 17 date. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO CITY CODE CHAPTER 4, ARTICLE 4-7, SECTION 4-7-1, SUBSECTION J SECURITY ALARM PERMIT FEES:THAT THE ORDIANCE BE BROUGHT BACK TO THE MEETING ON JANUARY 17, 2017, WITH THE FEES AS PROPOSED AND THAT WE LOOK AT ADOPTING THE MODEL ALARM ORDINANCE THAT WE TALKED ABOUT, THE SIAT. City Attorney Joel Stern stated if they do that, here is what could happen.Kathy did address this already.If they make changes and they do not like what comes back, they then make additional changes.They would have to do another 60 day posting.That is the :problem when they go changing what has already been proposed.If they are going to do that, then have another meeting. Councilmember Waldron commented they could possibly do that the next time they look at the model code. City Attorney Joel Stern stated they could.He would recommend they not include that at this time.If they do, they may not like the language that comes back and they would have to post it again for 60 days.It would probably be another 30 days after that. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 28 OF 31 Councilmember Waldron AMENDED HIS MOTION TO BRING IT BACK WITH THE FEES AS PROPOSED, AND BRING IT BACK ON JANUARY 17, 2017.I FURTHER MOVE THAT STAFF TAKE ALL ACTION NECESSARY TO MEET THE LEGAL REQUIREMENTS SET FORTH IN A.R.S. § 9-499.15 REGARDING REPORTS AND NOTIFICATION OF THIS PENDING ACTION. Vice Mayor Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CHANGES TO THE CITY CODE, VOLUME I, CHAPTER 16, SECURITY ALARM SYSTEMS ) )City Attorney Joel Stern briefed the council on the item. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING CHANGES TO CITY CODE, VOLUME I, CHAPTER 16 SECURITY ALARM SYSTEMS:THAT THEY BRING THOSE CHANGES BACK TO US ON JANUARY 17, 2017 AND I FURTHER MOVE THAT STAFF TAKE ALL ACTION NECESSARY TO MEET THE LEGAL REQUIREMENTS SET FORTH IN A.R.S. § 9-499.15 REGARDING REPORTS AND NOTIFICATION OF THIS PENDING ACTION. Councilmember Rizzi SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5:45 P.M. AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, OCTOBER 3, 2016, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 29 OF 31 AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, OCTOBER 4, 2016, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE:Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Chris Coyle, Republic Services, 4050 S. Tomahawk, Apache Junction addressed the council to give an update on the last free dump week from August 8 through August 13, 2016. Mr. Jim Duncan, 2745 E. Smoketree, Apache Junction, addressed the council to recommend an employee service and recognition award to the employees responsible for the capturing and posting online of both the minutes and video of the meetings. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council to thank whoever was in charge of streets or sanitation as he got most of what he wanted.He has seventeen landowners that have him responsible for what is going on in their yards.He would like it to continue and have staff get behind him.He would like his court date moved up for the dog theft charges. ADJOURNMENT )Mayor Insalaco adjourned the meeting at 9:12 p.m. Consent Agenda Items are as follows: 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of September 6, 2016. 3. Consideration of approval of contract for municipal courtroom audio/visual upgrades with Logicalis, Inc. REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 30 OF 31 ACCEPTED THIS r DAY OF 0(.1:77P4 , 2016, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS ifrr *DAY OF Ot7045-6XL , 2016. ATTEST: 2 'ited6AL,/ 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 20th day of September, 2016.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 27th day of September, 2016. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 2016 PAGE 31 OF 31